TNAG-2964-FCO40-4243-Future-of-Hong-Kong-Consular-representation-of-European-Coun-1993 — Page 61

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CAP. 190]

International Organizations and

Diplomatic Privileges

[1977 Ed.

(a) an officer or servant of the Commonwealth Secretariat

other than a senior officer: and

(b) a citizen of a country mentioned in section 1(3) of the

British Nationality Act 1948,

the immunities and privileges specified in Part II of the Second Schedule.

(3) Any immunity or privilege conferred by the Governor on any person by notification in the Gazette under subsection (1) or (2) may be waived by the Secretary-General of the Commonwealth Secretariat or by any person for the time being exercising his functions.

(4) Where any question arises whether or not a person is entitled to any immunity or privilege conferred by the Governor on any person by notification in the Gazette under subsection (1) or (2), a certificate issued by the Chief Secretary stating any fact relating to the question shall be conclusive evidence of the fact.

(5) For the purposes of this section—

(a) "the Commonwealth Secretariat" means the Common- wealth Secretariat established at the Commonwealth Prime Ministers' Meeting of June 1965; and

(b) "senior officer", in relation to the Commonwealth Secre- tariat, means any officer of the Secretariat recognized by a Secretary of State as being a senior officer of the Secretariat. (Added, 18 of 1970, s. 4)

FIRST SCHEDULE

PART I

IMMUNITIES and Privileges of the ORGANIZATION

1. Immunity from suit and legal process.

2.

[s. 2.]

The like inviolability of official archives and premises occupied as offices as is accorded in England in respect of the official archives and premises of an envoy of a foreign sovereign power accredited to Her Majesty.

3. The like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded in England to a foreign sovereign power.

4. Exemption from taxes on the importation of goods directly imported by the organization for its official use in the Colony or for exportation, or on the importation of any publications of the organization directly imported by it. such exemption to be subject to compliance with such conditions as the Director of Trade, Industry and Customs may prescribe for the protection of the revenue.

5. Exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the organiza- tion for its official use and in the case of any publications of the organization directly imported or exported by it.

6.

The right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or dispatched from places outside the Colony) of any reduced rates applicable for the corresponding service in the case of press telegrams.