Diplomatic Privileges Act
1988 Revised Edition
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DIPLOMATIC PRIVILEGES ACT
Diplomatic Privileges Act CAP. 161 Arrangement of Sections
1988 Revised Edition
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DIPLOMATIC PRIVILEGES ACT
Arrangement of Sections
Section
1 Short title..........................................................................................................5
2 Privileges, immunities and capacities of certain international
organisations and their staff. ............................................................................5
3 Diplomatic immunities of representatives attending international
conferences. .....................................................................................................7
4 Reciprocal treatment. .......................................................................................8
5 Interpretation....................................................................................................8
SCHEDULE 9
PART I - IMMUNIT1ES AND PRIVILEGES OF THE ORGANISATION.............9
PART II.--IMMUNITIES AND PRIVILEGES OF REPRESENTATIVES,
MEMBERS OF COMMITTEES, HIGH OFFICERS AND PERSONS
ON MISSIONS....................................................................................................9
PART III. - IMMUNITIES AND PRIVILEGES OF OTHER OFFICERS
AND SERVANTS................................................................................................9
PART IV.--IMMUNITIES AND PRIVILEGES OF OFFICIAL STAFFS AND
OF HIGH OFFICERS’ FAMILIES .....................................................................10
Diplomatic Privileges Act CAP. 161 Section 1
1988 Revised Edition
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DIPLOMATIC PRIVILEGES ACT
Acts Nos. 7 of 1948, 6 of 1949, 8 of 1951
AN ACT TO PROVIDE FOR IMMUNITIES AND PRIVILEGES IN
REGARD TO CERTAIN INTERNATIONAL ORGANISATIONS AND
REPRESENTATIVES OF FOREIGN POWERS ATTENDING CERTAIN
CONFERENCES AND IN REGARD TO THE UNITED NATIONS AND
FOR PURPOSES CONNECTED THEREWITH
Commencement [10th September, 1948]
1 Short title.
This Act may be cited as the Diplomatic Privileges Act.
2 Privileges, immunities and capacities of certain international
organisations and their staff.
(1) This section shall apply to any organisation declared by an order made by
His Majesty in Council to be an organisation of which Her Britannic
Majesty's Government in the United Kingdom and the Government or
Governments of one or more sovereign Powers are members.
(2) His Majesty in Council may, by order —
(a) provide that any organisation to which this section applies
(hereinafter referred to as the “organisation”) shall, to such extent
as may be specified in the order, have the immunities and privileges
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set out in Part I of the Schedule to this Act, and shall also have the
legal capacities of a body corporate;
(b) confer upon —
(i) any persons who are representatives (whether of
governments or not) on any organ of the organisation or are
members of any committee of the organisation or of an organ
thereof,
(ii) such number of officers of the organisation as may be
specified in the order, being the holders of such high offices
in the organisation as may be so specified, and
(iii) such persons employed on missions on behalf of the
organisation as may be so specified,
to such extent as may be specified in the order, the immunities and
privileges set out in Part II of the Schedule to this Act;
(c) confer upon such other classes of officers and servants of the
organisation as may be specified in the order, to such extent as may
be so specified, the immunities and privileges set out in Part III of
the Schedule to this Act;
and Part IV of the Schedule to this Act shall have effect for the purposes
of extending to the staff of such representatives and members as are
mentioned in sub-paragraph (i) of paragraph (b) of this subsection and to
the families of officers of the organisation any immunities and privileges
conferred on the representatives, members or officers under that
paragraph, except in so far as the operation of the said Part IV is excluded
by the order conferring the immunities and privileges:
Provided that the order shall be so framed as to secure that there are not
conferred on any person any immunities or privileges greater in extent
than those which, at the time of the making of the order, are required to be
conferred on that person in order to give effect to any international
agreement in that behalf. (Substituted by Act 8 of 1951.)
(3) Where immunities and privileges are conferred on any persons by an
order made under subsection (2) hereof, the Prime Minister —
(a) may compile a list of the persons entitled to immunities and
privileges conferred under paragraphs (b) and (c) of that subsection;
(b) may cause any list compiled under this subsection to be published;
and
(c) whenever any person ceases or begins to be entitled to the
immunities and privileges to which any such list relates, shall
amend the list and cause a notice of the amendment, or, if he thinks
fit, an amended list, to be published as aforesaid.
Diplomatic Privileges Act CAP. 161 Section 3
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(4) Every list or notice published under subsection (3) hereof shall state the
date from which the list or amendment takes or took effect; and the fact
that any person is or was included at any time among the persons entitled
to the immunities or privileges in question may, if a list of those persons
has been so published, be conclusively proved by producing the Gazette
containing the list, or, as the case may be the last list taking effect before
that time, together with the Gazettes, if any, containing notices of the
amendments taking effect before that time, and by showing that the name
of that person is or was at that time included or not included in the
said list.
3 Diplomatic immunities of representatives attending international
conferences.
(1) Where a conference is held in the Kingdom of Tonga and is attended by
the representatives of Her Britannic Majesty's Government in the United
Kingdom and the government or governments of one or more foreign
sovereign Powers, and it appears to the Prime Minister that doubts may
arise as to the extent to which the representatives of such foreign Powers
and members of their official staffs are entitled to diplomatic immunities,
he may —
(a) compile a list of the persons aforesaid who are entitled to such
immunities, and cause that list to be published in the Gazette; and
(b) whenever it appears to the Prime Minister that any person ceases or
begins to be entitled to such immunities, amend the list and cause a
notice of amendment or, if he thinks fit, an amended list, to be
published as aforesaid;
and every representative of a foreign Power who is for the time being
included in the list shall be accorded the like immunities and privileges as
are accorded to the envoy of a foreign Power accredited to Her Britannic
Majesty in the United Kingdom and such members of his official staff as
are for the time being included in the list shall be accorded the like
immunities and privileges as would be accorded to the retinue of such
envoy.
(2) Every list or notice published under subsection (1) hereof in relation to
any conference shall include a statement of the date from which the list or
amendment takes or took effect; and the fact that any person is or was
included or not included at any time among the persons entitled to
diplomatic immunities as representatives attending the conference or as
members of the official staff of any such representative may, if a list of
those persons has been so published, be conclusively proved by producing
the Gazette containing the list or, as the case may be, the last list taking
effect before that time, together with the Gazettes, if any, containing
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notices of the amendments taking effect before that time, and by showing
that the name of that person is or was at that time included or not included
in the said list.
4 Reciprocal treatment.
Nothing in the foregoing provisions of this Act shall be construed as precluding
His Majesty in Council from declining to accord immunities or privileges to, or
from withdrawing immunities or privileges from, nationals or representatives of
any Power on the ground that that Power is failing to accord corresponding
immunities or privileges to Tongan nationals or representatives.
5 Interpretation.
In this Act —
(a) any reference to the governing body or any committee of the
organisation shall be construed as referring to the General
Assembly or any council or other organ of the United Nations; and
(b) the powers conferred by section 2(2) of this Act shall include power
by order to confer on the judges and registrars of the International
Court, and on suitors to that Court, and their agents counsel and
advocates, such immunities, privileges and facilities as may be
required to give effect to any resolution of or convention approved
by the General Assembly of the United Nations.
Diplomatic Privileges Act CAP. 161 SCHEDULE
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SCHEDULE
PART I - IMMUNIT1ES AND PRIVILEGES OF THE ORGANISATION
1. Immunity from suit and legal process.
2. The like inviolability of official archives and premises occupied as offices
as is accorded in the United Kingdom in respect of the official archives
and premises of an envoy of a foreign sovereign Power accredited to Her
Britannic Majesty.
3. The like exemption or relief from taxes and rates, other than taxes on the
importation of goods, as is accorded in the United Kingdom to a foreign
sovereign Power.
4. Exemption from taxes on the importation of goods directly imported by
the organisation for its official use in Tonga or for exportation, or on the
importation of any publications of the organisation directly imported by it,
such exemption to be subject to compliance with such conditions as the
Comptroller of 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
organisation for its official use and in the case of any publications of the
organisation 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 despatched from
places outside the Kingdom), of any reduced rates applicable for the
corresponding service in the case of press telegrams.
PART II.--IMMUNITIES AND PRIVILEGES OF REPRESENTATIVES,
MEMBERS OF COMMITTEES, HIGH OFFICERS AND PERSONS
ON MISSIONS
1. The like immunity from suit and legal process as is accorded in the United
Kingdom to an envoy of a foreign sovereign Power accredited to Her
Britannic Majesty.
2. The like inviolability of residence as is accorded to such an envoy.
3. The like exemption or relief from taxes as is accorded to a consul in
Tonga in the service of a foreign Power.
PART III. - IMMUNITIES AND PRIVILEGES OF OTHER OFFICERS
AND SERVANTS
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1. Immunity from suit and legal process in respect of things done or omitted
to be done in the course of the performance of official duties.
2. Exemption from income tax in respect of emoluments received as an
officer or servant of the organisation.
PART IV.--IMMUNITIES AND PRIVILEGES OF OFFICIAL STAFFS AND
OF HIGH OFFICERS’ FAMILIES
1. Where any person is entitled to any such immunities and privileges as are
mentioned in Part II of this Schedule as a representative on any organ of
the organisation or a member of any committee of the organisation or of
an organ thereof, his official staff accompanying him as such
representative or member shall also be entitled to those immunities and
privileges to the same extent as the retinue of an envoy of a foreign
sovereign Power accredited to Her Britannic Majesty in the United
Kingdom is entitled to the immunities and privileges accorded to the
envoy. (Substituted by Act 8 of 1951.)
2. Where any person is entitled to any such immunities and privileges as are
mentioned in Part II of this Schedule as an officer of the organisation, that
person's wife or husband and children under the age of 21 years shall also
be entitled to those immunities and privileges to the same extent as the
wife or husband and children of an envoy of a foreign sovereign Power
accredited to Her Britannic Majesty in the United Kingdom are entitled to
the immunities and privileges accorded to the envoy.
