International Organizations (Privileges And Immunities) Ordinance


Published: 2000-04-07

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Cap 558 - INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ORDINANCE 1

Chapter: 558 INTERNATIONAL ORGANIZATIONS (PRIVILEGES
AND IMMUNITIES) ORDINANCE

Gazette Number Version Date


Long title L.N. 83 of 2000 07/04/2000


An Ordinance to make provision for the implementation in Hong Kong of the privileges and immunities of
international organizations and of persons connected with such organizations under international agreements,
and for matters connected therewith and incidental thereto.


[The Ordinance, (other than sections 6(a), 7(a),
9(a), 10, 11, 12, 13 and 14)



} 7 April 2000

L.N. 83 of 2000]


(Originally 17 of 2000)

Section: 1 Short title L.N. 83 of 2000 07/04/2000


(1) This Ordinance may be cited as the International Organizations (Privileges and Immunities) Ordinance.
(2) (Omitted as spent)


Section: 2 Interpretation L.N. 83 of 2000 07/04/2000


In this Ordinance, unless the context otherwise requires-
"international agreement" (國際協議) means any agreement in writing or that agreement as amended from time to

time, whether contained in one or more documents and by whatever name called, which has effect in
international law and-

(a) to which Hong Kong is a party; or
(b) which is applied to Hong Kong by the Central People's Government of the People's Republic of China;

"international organization" (國際組織 ) means an organization in relation to which there is an international
agreement providing for it or for persons connected with it or both to enjoy privileges and immunities in Hong
Kong.


Section: 3 Provisions of international agreements to have the force of

law
L.N. 83 of 2000 07/04/2000



The Chief Executive in Council may-
(a) by order in the Gazette, declare that the provisions of an international agreement relating to the status,

privileges and immunities of an international organization and of persons connected with such
organization, and which are specified in the order, shall have the force of law in Hong Kong; and

(b) in such order make such provisions as the Chief Executive in Council may consider necessary for
carrying into effect the provisions of any such agreement in connection with such privileges and
immunities.


Section: 4 Evidence L.N. 83 of 2000 07/04/2000


(1) Where a question arises as to whether or not a person is entitled to a privilege or immunity under an order
made under section 3, a certificate issued by the Chief Secretary for Administration stating a fact relevant to that
question is, subject to subsection (2), conclusive evidence of that fact.

(2) Where there is any conflict or inconsistency as respects a question of fact between-
(a) a certificate issued under subsection (1); and
(b) a certificate obtained under the third paragraph of Article 19 of the Basic Law,

then the second-mentioned certificate shall, to the extent of that conflict or inconsistency, as the case may be, prevail
over the certificate issued under subsection (1).




Cap 558 - INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ORDINANCE 2

Section: 5 Application of national laws L.N. 83 of 2000 07/04/2000


(1) Nothing in this Ordinance or an order made under section 3 shall prejudice the operation of-
(a) the Regulations of the People's Republic of China Concerning Diplomatic Privileges and Immunities

in Schedule 5 to the Promulgation of National Laws 1997 (L.N. 379 of 1997); or
(b) the Regulations of the People's Republic of China Concerning Consular Privileges and Immunities in

Schedule 3 to the Promulgation of National Laws (No. 2) 1997 (L.N. 386 of 1997).
(2) If there is any conflict or inconsistency between-

(a) a provision of this Ordinance or of an order made under section 3; and
(b) the Regulations referred to in subsection (1),

then that provision shall be construed subject to the Regulations and shall be so construed as to be consistent with the
international rights and obligations of the Central People's Government of the People's Republic of China.

Section: 6 Exemptions L.N. 83 of 2000 07/04/2000


Remarks:
Section 6(a) is not yet in operation.


Consequential Amendments


Dutiable Commodities Regulations


Regulation 12(1)(m) of the Dutiable Commodities Regulations (Cap 109 sub. leg. A) is amended-
(a) by repealing "International Organizations and";
(b) (Omitted as spent)


Section: 7 Refund of duty on goods supplied for consular etc. use L.N. 83 of 2000 07/04/2000


Remarks:
Section 7(a) is not yet in operation.


Dutiable Commodities Regulations


Regulation 15 is amended-
(a) by repealing "International Organizations and";
(b) (Omitted as spent)


Section: 8 (Omitted as spent) 08/04/2000




Section: 9 Passengers exempted from liability to pay the tax L.N. 83 of 2000 07/04/2000


Remarks:
Section 9(a) not yet in operation


Air Passenger Departure Tax Ordinance

The Second Schedule to the Air Passenger Departure Tax Ordinance (Cap 140) is amended in paragraph 7-

(a) by repealing "International Organizations and";
(b) (Omitted as spent)


Section: 10 Long title amended


Remarks:



Cap 558 - INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ORDINANCE 3

Not yet in operation


International Organizations and Diplomatic Privileges Ordinance


The long title to the International Organizations and Diplomatic Privileges Ordinance (Cap 190) is amended by
repealing everything from "international" to "and other".

Section: 11 Short title


Remarks:
Not yet in operation


International Organizations and Diplomatic
Privileges Ordinance


Section 1 is amended by repealing "International Organizations and".


Section: 12 Privileges, immunities and capacities of certain

international organizations and their staffs




Remarks:
Not yet in operation


International Organizations and Diplomatic
Privileges Ordinance


Section 2 is repealed.


Section: 13 Schedule repealed


Remarks:
Not yet in operation


International Organizations and Diplomatic
Privileges Ordinance


The First Schedule is repealed.


Section: 14 (Repealed 14 of 2003 s. 24) 14 of 2003 09/05/2003

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