International Organizations (Privileges and Immunities) Bill
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.
Enacted by the Legislative Council.
1. Short title and commencement
(1) This Ordinance may be cited as the International Organizations (Privileges and Immunities) Ordinance.
(2) This Ordinance shall come into operation on a day to be appointed by the Chief Secretary for Administration by notice in the Gazette.
2. Interpretation
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.
3. Provisions of international agreements to
have the force of law
(1) 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.
(2) Section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) shall not apply to an order made under subsection (1).
4. Evidence
(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(1), 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).
5. Application of national laws
(1) Nothing in this Ordinance or an order made under section 3(1) 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(1); 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.
Consequential Amendments
Dutiable Commodities Regulations
6. Exemptions
Regulation 12(1)(m) of the Dutiable Commodities Regulations (Cap. 109 sub. leg.) is amended---
(a) by repealing "International Organizations and";
(b) by adding "the International Organizations (Privileges and Immunities)
Ordinance ( of 1999)," after "(Cap. 190),".
7. Refund of duty on goods supplied
for consular etc. use
Regulation 15 is amended---
(a) by repealing "International Organizations and";
(b) by adding "the International Organizations (Privileges and Immunities)
Ordinance ( of 1999)," after "(Cap. 190),".
Stamp Duty Ordinance
8. Relief in case of certain leases etc.
of consular premises
Section 43(3) of the Stamp Duty Ordinance (Cap. 117) is amended---
(a) in paragraph (a)---
(i) in subparagraph (iv) by repealing "and" at the end;
(ii) by adding---
"(v) in respect of premises which are exempt from taxation under an order made under section 3(1) of the International Organizations (Privileges and Immunities) Ordinance ( of 1999), that such premises are exempted premises for the purposes of this Part; and";
(b) in paragraph (b)---
(i) in subparagraph (iii) by repealing "and" at the end;
(ii) in subparagraph (iv) by repealing the full stop and substituting "; and";
(iii) by adding---
"(v) in respect of a person who is exempt from taxation under an order made under section 3(1) of the International Organizations (Privileges and Immunities) Ordinance ( of 1999), that such person is an exempted person for the purposes of this Part.".
Air Passenger Departure Tax Ordinance
9. Passengers exempted from liability to pay the tax
The Second Schedule to the Air Passenger Departure Tax Ordinance (Cap. 140) is amended in paragraph 7---
(a) by repealing "International Organizations and";
(b) by adding "or the International Organizations (Privileges and Immunities) Ordinance ( of 1999)" after "(Cap. 190)".
International Organizations and Diplomatic
Privileges Ordinance
10. Long title amended
The long title to the International Organizations and Diplomatic Privileges Ordinance (Cap. 190) is amended by repealing everything from "international" to "and other".
11. Short title
Section 1 is amended by repealing "International Organizations and".
12. Privileges, immunities and capacities of certain
international organizations and their staffs
Section 2 is repealed.
13. Schedule repealed
The First Schedule is repealed.
Consular Relations Ordinance
14. Application of Vienna Convention
Section 2(3) of the Consular Relations Ordinance (Cap. 259) is amended---
(a) by repealing "International Organizations and";
(b) by adding "or the International Organizations (Privileges and Immunities)
Ordinance ( of 1999)" after "(Cap. 190)".
Cross-Harbour Tunnel (Passage Tax) Ordinance
15. Exemptions
Section 4(3) of the Cross-Harbour Tunnel (Passage Tax) Ordinance (Cap. 274) is amended---
(a) by repealing "International Organizations and";
(b) by adding "the International Organizations (Privileges and Immunities)
Ordinance ( of 1999)," after "(Cap. 190),".
Explanatory Memorandum
This Bill seeks to give effect in Hong Kong to the privileges and immunities of certain international organizations and of their personnel. At present, privileges and immunities of international organizations are given effect in Hong Kong by 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) and by the International Organizations and Diplomatic Privileges Ordinance (Cap. 190). The Bill is intended to replace those parts of the Ordinance which deal with the international organizations and, without prejudice to the Regulations, to make provisions for implementing the privileges and immunities conferred upon international organizations by international agreements.
2. Clause 2 sets out the definitions necessary for the interpretation of the proposed Ordinance.
3. Clause 3 empowers the Chief Executive in Council to declare by order that the provisions of certain international agreements relating to the privileges and immunities of international organizations and of persons connected with such organizations shall have the force of law in Hong Kong. It also empowers the Chief Executive in Council to make provisions in the order for carrying into effect the provisions of such agreements relating to privileges and immunities.
4. Clause 4 provides for the proof of whether a person is entitled to a privilege or immunity under an order made under the proposed Ordinance.
5. Clause 5 provides for the relationship between the proposed Ordinance and the 2 national laws applying in Hong Kong that relate to diplomatic or consular privileges and immunities.
6. Clauses 6 to 15 are consequential amendments.
