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Diplomatic Privileges Act

LAWS OF TONGA

1988 Revised Edition

CHAPTER 161

DIPLOMATIC PRIVILEGES ACT

Arrangement of Sections

Section
1 Short title.
2 Privileges, immunities and capacities of certain international organisations and their staff.
3 Diplomatic immunities of representatives attending international conferences.
4 Reciprocal treatment.
5 Interpretation.

SCHEDULE
PART I - IMMUNIT1ES AND PRIVILEGES OF THE ORGANISATION
PART II.--IMMUNITIES AND PRIVILEGES OF REPRESENTATIVES, MEMBERS OF COMMITTEES, HIGH OFFICERS AND PERSONS ON MISSIONS
PART III. - IMMUNITIES AND PRIVILEGES OF OTHER OFFICERS AND SERVANTS
PART IV - IMMUNITIES AND PRIVILEGES OF OFFICIAL STAFFS AND OF HIGH OFFICERS’ FAMILIES

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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 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.

(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.

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 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.

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

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.

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Subsidiary Legislation

Section 2 – Orders in Council Conferring Immunities and Privileges

(1) United National and the International Court of Justice

Made by the Queen in Council on 18th November, 1949
G. 9/50

PART I — THE UNITED NATIONS

A. — THE ORGANISATION

1. The United Nations set up by the Charter signed at San Francisco on the 26th June 1945, is an organisation of which Her Britannic Majesty's Government in the United Kingdom and the government of foreign sovereign powers are members.

2. The United Nations shall enjoy the immunities and privileges set out in Part I of the Schedule to the Act, except in so far as in any particular case it has expressly waived its rights to any immunity or privilege. No waiver of immunity shall be deemed to extend to any measure of execution.

B. — REPRESENTATIVES OF MEMBERS

3. Except in so far as in any particular case any privilege or immunity is waived by the member whom they represent, representatives of member governments to the General Assembly or to any Council or other organ of the United Nations shall enjoy —

(a). while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;

(b). immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;

(c). while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to a Consul in Tonga in the service of a foreign power, save that the relief allowed shall not include relief from customs duties except in respect of goods imported as part of their personal baggage.

They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in the Kingdom during any period when they are present in the Kingdom while exercising their functions or during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to Tongan subjects whose usual place of abode is in the Kingdom.

4. For the purpose of the application of this Order, the expression "representatives of member governments" shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations, but shall not include any person who is the representative of His Majesty's government or any member of the staff of such representative.

C. — HIGH OFFICIALS OF THE UNITED NATIONS

5. Except in so far as in any particular case any privilege or immunity is waived by the Secretary-General or the Security Council of the United Nations, the Secretary-General and Assistant Secretaries (not exceeding at any one time six in number) shall be accorded in respect of themselves, their spouses and children under the age of 21 the immunities and privileges set out in Part II of the Schedule to the Act.

D. — PERSONS EMPLOYED ON MISSIONS ON BEHALF OF THE UNITED NATIONS

6. Except in so far as in any particular case any privilege or immunity is waived by the Secretary-General of the United Nations, persons employed on missions on behalf of the United Nations shall enjoy the immunities and privileges set out in subsections (a) and (b) of section three of this Order.

E.— OTHER OFFICIALS OF THE UNITED NATIONS

7. Except in so far as in any particular case any privilege or immunity is waived by the Secretary-General of the United Nations, officials of the United Nations (other than those referred to in section five above and officials engaged locally and remunerated by payment calculated by the number of hours worked) shall enjoy —

(a). the privileges and immunities set out in subsection (b) of section three of this Order; and

(b). exemption from tax in respect of any emoluments received by them as officers or servants of the United Nations.

PART II. —THE INTERNATIONAL COURT OF JUSTICE

8. Except in so far as in any particular case any privilege or immunity is waived by the Court, the judges and Registrar of the International Court of Justice (including any officer of the Court acting as Registrar) shall, when engaged on the business of the Court and during any journey to and from the place where the Court is sitting in connection with such business, enjoy the privileges and immunities set out in Part II of the Schedule to the Act, except that no person being a Tongan subject, whose usual place of abode is in the Kingdom shall enjoy the privileges set out in paragraph three thereof.

9. Except in so far as in any particular case any privilege or immunity is waived by the government whom they represent before the Court, the agents, counsel and advocates of parties before the Court shall enjoy when engaged on their missions before the Court and during their journeys to and from the place where the Court is sitting in connection with such missions, or whilst acting in their official capacities, the like privileges and immunities as are accorded to Representatives of Members of the United Nations under section three of this Order. The provisions of this section do not apply to any agents, counsel or advocates acting on behalf of His Majesty's Government or to any Tongan subject acting on behalf of any other government.

PART III. — GENERAL

10. The names of the persons to whom the provisions of sections 3, 4, 5 and 6, 8 and 9 of this Order apply shall be set forth in a list compiled and published from time to time by the Prime Minister under section 2(3) of the Act and such list shall show in regard to each person the date as from which, for the purposes of this Order, he first held the office or employment in question, and the date when he ceased to hold that office or employment.

(2) International Civil Aviation Organisation

A.—THE ORGANISATION

1. The International Civil Aviation Organisation set up under Article 43 of the Convention on International Civil Aviation signed at Chicago on 7th December, 1944, (hereinafter referred to as the Organisation) is hereby declared to be an organisation of which Her Britannic Majesty's Government in the United Kingdom and the Governments of foreign sovereign powers are members.

2. The Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and process. No waiver of immunity shall be deemed to extend to any measure of execution.

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

4. The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

5. The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in the Kingdom 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.

6. The Organisation shall have 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 publication of the Organisation directly imported or exported by it.

7. The Organisation shall have 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.

B.— REPRESENTATIVES OF MEMBERS

8. (1). Except in so far as in any particular case any privilege or immunity is waived by the member Governments whom they represent, representatives of member Governments to the Assembly or the Council of the Organisation, to any Commission (however named) provided for in the constitution of the Organisation, or to any Committee of such Assembly, Council or Commission shall enjoy —

(a) .while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;

(b) .immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;

(c). while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Her Britannic Majesty, save that the relief shall not include relief from Customs and Excise duties except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in the Kingdom during any period when they are present in the Kingdom whilst exercising their functions or during their journey to and from the place of meeting.

The provisions of this paragraph shall not apply to Tongan or British subjects whose usual place of abode is in the Kingdom. (Amended, G. 63/56.)

(2). For the purposes of the application of this Order, the expression "representatives of member governments" shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

(3). The provisions of the preceding paragraphs of this Article shall not confer any immunity or privilege upon any person as the representative of His Majesty's Government in the Kingdom or as a member of the staff of such a representative, or any person who is a Tongan or British subject and who is not the representative of a Government other than His Majesty's Government in the Kingdom or the member of the staff of and accompanying any such representative.

C.— HIGH OFFICIALS

9. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, the Secretary-General or the Deputy Secretary-General of the Organisation and the President of the Council of the Organisation shall be accorded in respect of themselves, their spouses and children under the age of 21, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to an envoy of a foreign power accredited to Her Britannic Majesty, his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

D.— PERSONS SERVING ON COMMITTEES OF OR EMPLOYED ON MISSIONS ON BEHALF OF THE ORGANISATION

10. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, persons (other than officials of the Organisation) serving on
Committees of, or employed on missions on behalf of the Organisation shall enjoy —

(a) .while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Organisation;

(b). immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of these functions. Such immunity shall continue notwithstanding that the persons concerned are no longer employed on missions on behalf, of the Organisation.

E.— OTHER OFFICIALS OF THE ORGANISATION

11. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officials of the Organisation (other than those referred to in Article 9 above) shall enjoy —

(a). immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties, and

(b). exemption from income tax in respect of emoluments received by them as officers or servants of the Organisation.

F.— GENERAL

12. The names of the persons to whom the provisions of Articles 8, 9, 10 and 11 of this Order apply shall be set forth in a list compiled and published from time to time by the Prime Minister under section 2(3) of the Act, and such list shall show in regard to each person the date as from which for the purposes of this Order, he first held the office or employment in question, and the date when he ceased to hold that office of employment.

13. This Order may be cited as the Diplomatic Privileges (International Civil Aviation Organisation) Order.

(3) International Refugee Organisation

A.—THE ORGANISATION

1. The International Refugee Organisation (hereinafter referred to as "the Organisation") is hereby declared to be an organisation of which Her Britannic Majesty's Government in the United Kingdom and the Governments of foreign sovereign powers are members.

2. The Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

4. The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

5. The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in the Kingdom, 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 revenue.

B.—REPRESENTATIVES OF MEMBERS

8. (1) Except in so far as in any particular case any privilege or immunity is waived by the member Governments whom they represent, representatives of member Governments to the Council of the Organisation shall enjoy —

(a) while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;

(c) while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Her Britannic Majesty, save that the relief allowed, shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in the Kingdom during any period when they are present in the Kingdom whilst exercising their functions or during their, journey to and from the place of meeting. The provisions of this paragraph shall not apply to Tongan or British subjects whose usual place of abode is in the Kingdom.

(2) For the purposes of the application of this Order, the expression "representatives of member governments" shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

(3) The provisions of the preceding paragraphs of this Article shall not confer any immunity or privilege upon any person as the representative of His Majesty's Government in the Kingdom or as a member of the staff of such a representative, or any person who is a Tongan or British subject and who is not the representative of a Government other than His Majesty's Government in the Kingdom or the member of the staff of and accompanying any such representative.

C.—HIGH OFFICIALS

9. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, the Director-General or the Deputy Director-General of the Organisation shall be accorded in respect of themselves, the spouses and children under the age of 21, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Her Britannic Majesty, his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

D.—PERSONS EMPLOYED ON MISSIONS ON BEHALF OF THE ORGANISATION

10. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, persons employed on missions on behalf of the Organisation shall enjoy —

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of these functions. Such immunity shall continue notwithstanding that the persons concerned are not longer employed on missions on behalf of the Organisation.

E.—OTHER OFFICIALS OF THE ORGANISATION

11. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officials of the Organisation (other than those referred to in Article 9 above or officials engaged locally and remunerated by payment calculated on the number of hours worked) shall enjoy —

(a) immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties, and

(b) exemption from income tax in respect of emoluments received by them as officers or servants of the Organisation.

F.—GENERAL

12. The names of the persons to whom the provisions of Articles 8, 9, 10 and 11 of this Order apply shall be set forth in a list compiled and published from time to time by the Prime Minister under section 2(3) of the Act and such list shall show in regard to each person the date as from which for the purpose of this Order he first held the office or employment in question, and the date when he ceased to hold that office or employment.

13. This Order may be cited as the Diplomatic Privileges (International Refugee Organisation) Order.

(4) World Health Organisation

A.—THE ORGANISATION

1. The World Health Organisation is hereby declared to be an organisation of which Her Britannic Majesty's Government in the United Kingdom and the Governments of foreign sovereign powers are members.

2. The World Health Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

3. The World Health Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign power accredited to Her Britannic Majesty.

4. The World Health Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

5. The World Health Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in the Kingdom 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.

6. The World Health Organisation shall have 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 publication of the Organisation directly imported or exported by it.

7. The World Health Organisation shall have 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.

B.— REPRESENTATIVES OF MEMBERS AND OF THE EXECUTIVE BOARD OF THE WORLD HEALTH ORGANISATION

8.
(1). Except in so far as in any particular case any privilege or immunity is waived, in the case of representatives of member Governments by the member Governments whom they represent, and in the case of persons designated to serve on the Executive Board of the World Health Organisation and their alternates and advisers, by the Executive Board, representatives of member Governments and persons designated to serve on the Executive Board of the Organisation and their alternates and advisers shall enjoy.

(b). immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;

(c). while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Her Britannic Majesty, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in the Kingdom during any period when they are present in the Kingdom whilst exercising their functions or during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to Tongan or British subjects whose usual place of abode is in the Kingdom.

(3). The provisions of the preceding paragraphs of this Article shall not confer any immunity or privilege upon any person as the representative of His Majesty's Government in the Kingdom or as a member of the staff of such a representative or any person who is a Tongan or British subject and who is not the representative of a Government other than His Majesty's Government in the Kingdom or a member of the staff of and accompanying any such representative.

C.— HIGH OFFICIALS

9. Except in so far as in any particular case any privilege or immunity is waived by the World Health Organisation officers holding the offices of Director-General or Deputy Director-General shall be accorded in respect of themselves, their spouses and children under the age of 21, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Her Britannic Majesty, his spouse and children, and they shall also enjoy exemption from income tax in respect of emoluments received by them as officers of the World Health Organisation.

D.— PERSONS SERVING ON COMMITTEES OF OR EMPLOYED ON MISSIONS ON BEHALF OF THE ORGANISATION

10. Except in so far as in any particular case any privilege or immunity is waived by the World Health Organisation, persons (other than officials of the Organisation) serving on Committees of, or employed on missions on behalf of the Organisation shall enjoy —

(b). immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the person concerned is no longer employed on Missions on behalf of the Organisation.

E.— OTHER OFFICIALS OF THE ORGANISATION

11. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, all officials of the World Health Organisation, other than those referred to in Article 9 above, shall enjoy —

(a). immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties;

(b). exemption from income tax in respect of emoluments received by them as officers and servants of the World Health Organisation.

F.— GENERAL

12. The names of persons to whom the provisions of Articles 8, 9, 10 and 11 of this Order apply shall be set forth in a list compiled and published from time to time by the Prime Minister under section 2(3) of the Act. And such list shall show in regard to each person the date as from which, for the purposes of this Order, he first held the office or employment.

13. This Order may be cited as the Diplomatic Privileges (World Health Organisation) Order.

(5) United Nations Educational Scientific and Cultural Organisation

A.—THE ORGAN1SATION

1. The United Nations Educational, Scientific and Cultural Organisation (hereinafter referred to as the Organisation) is hereby declared to be an organisation of which Her Britannic Majesty's Government in the United Kingdom and the Governments of foreign sovereign powers are members.

4. The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

5. The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in the Kingdom or for exportation, or on the importation of any of the 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.

6. The Organisation shall have exemption from prohibitions and restrictions on the 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.

7. The Organisation shall have 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.

B.— REPRESENTATIVES OF MEMBERS: THE PRESIDENT OF THE CONFERENCE: MEMBERS OF THE EXECUTIVE BOARD OF THE ORGANISATION

8. (1). Except in so far as any privilege or immunity is waived, in the case of representatives of member Governments, by the Governments whom they represent; in the case Of the President of the Conference, by the Organisation; and in the case of members of the Executive Board, by the Executive Board of the Organisation; representatives of member Governments, the President of the Conference of the Organisation, and members of the Executive Board of the Organisation shall enjoy —

(a). while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or

detention and from seizure of their personal baggage and inviolability for all papers and documents;

(b). immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;

(c). while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Her Britannic Majesty, save that the relief allowed shall not include relief from Customs and excise duty except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in the Kingdom during any period when they are present in the Kingdom whilst exercising their functions and during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to Tongan or British subjects whose usual place of abode is in the Kingdom.

(2). For the purpose of the application of this Order, the expression "representatives of member governments" shall be deemed to include their official staffs accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

(3). The provisions of the preceding paragraphs of this Article shall not confer any immunity or privilege upon any person as the representative of His Majesty's Government in the Kingdom or as a member of the staff of such a representative, or any person who is a Tongan or British subject and who is not the representative of a Government other than Her Majesty's Government in the Kingdom or a member of the staff of and accompanying any such representative.

C.— HIGH OFFICIALS

9. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officers of the Organisation holding the offices of Secretary-General and Deputy Secretary-General shall be accorded in respect of themselves, their spouses and children under the age of 21, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to any envoy of a foreign sovereign power accredited to Her Britannic Majesty, his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

D.— PERSONS EMPLOYED ON MISSIONS ON BEHALF OF THE ORGAN1SATION

10. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, persons employed on missions on behalf of the Organisation shall enjoy —

(b). immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the persons concerned are no longer employed on missions on behalf of the Organisation.

E.— OTHER OFFICIALS OF THE ORGANISATION

11. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, all officials of the Organisation (other than those referred to in Article 9 above) shall enjoy —

(a). immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties;

(b). exemption from income tax in respect of emoluments received by them as officers or servants of the Organisation.

F.— GENERAL

12. The names of the persons to whom the provisions of Articles 8, 9, 10 and 11 of this Order apply shall be set forth in a list compiled and published from time to time by the Prime Minister under section 2(3) of this Act, and such list shall show in regard to each person the date as from which for the purposes of this Order, he first held the office or employment in question, and the whole date when he ceased to hold that office or employment.

13. This Order may be cited as the Diplomatic Privileges (United Nations Educational, Scientific, and Cultural Organisation) Order.

(6) International Labour Organisation

A.—THE ORGANISATION

1. The International Labour Organisation is hereby declared to be an organisation of which Her Britannic Majesty's Government in the United Kingdom and the Governments of foreign sovereign powers are members.

2. The International Labour Organisation shall have the legal capacities of a body corporate and except in so far as in any particular case it has expressly waived its immunity, immunity from suit and process. No waiver of immunity shall be deemed to extend to any measure of execution.

3. The International Labour Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premised of any envoy of a foreign sovereign power accredited to Her Britannic Majesty.

4. The International Labour Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

5. The international Labour Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in the Kingdom or for exportation, or on the importation of any of the 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 revenue.

6. The International Labour Organisation shall have 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.

7. The International Labour Organisation shall have the right to avail itself, for telegraphic communications sent by it and containing only matters 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.

B.— REPRESENTATIVES OF MEMBERS: MEMBERS OF THE GOVERNING BODY OF THE INTERNATIONAL LABOUR OFFICE

8. (1). Except in so far as any privilege or immunity is waived, in the case of representatives of member Governments, by the Governments whom they represent; and in the case of members and deputy members of the Governing Body of the International Labour Office and their substitutes, by the Governing Body, representatives of member Governments and the employers" and workers' members and deputy members of the Governing Body of the International Labour Office and their substitutes shall enjoy —

(b). immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives or as members of the Governing Body of the International Labour Office, as the case may be;

(c). while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Her Britannic Majesty, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon, residence, be deemed to be resident in the Kingdom during any period when they are present in the Kingdom whilst exercising their functions or during their journey to and from the place of meeting.

The provisions of this paragraph shall not apply to Tongan or British subjects whose usual place of abode is in the Kingdom.

(2). For the purpose of the application of this Order the expression "representatives of member governments" shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

(3). The provisions of the preceding paragraphs of this Article shall not confer any immunity or privilege upon any person as the representative of His Majesty's Government in the Kingdom or a member of the staff of such a representative or any person who is a British or Tongan subject and who is not the representative of a Government other than His Majesty's Government in the Kingdom or a member of the staff of and accompanying any such representative.

C.— HIGH OFFICIALS

9. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officers of the International Labour Organisation holding the offices of Director-General, Deputy Director-General and Assistant Director-General shall be accorded in respect of themselves, their spouses and children under the age of 21, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Her Britannic Majesty, his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

D.— PERSONS SERVING ON COMMITTEES OF OR EMPLOYED ON MISSIONS ON BEHALF OF THE ORGANISATION

10. Except in so far as in any particular case any privilege is waived by the Organisation, persons (other than officials of the Organisation) serving on Committees of, or employed on missions on behalf of the International Labour Organisation shall enjoy —

(b). immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the persons concerned are no longer employed on missions on behalf of the International Labour Organisation.

E.— OTHER OFFICIALS OF THE ORGANISATION

11. Except in so far as in any particular case any privilege or immunity is waived by the International Labour Organisation, all officials of the Organisation (other than those referred to in article 9 above) shall enjoy —

(a). immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties;

(b). exemption from income tax in respect of emoluments received by them as officers or servants of the International Labour Organisation.

F.— GENERAL

12. The names of the persons to Whom the provisions of Articles 8, 9, 10 and 11 of this Order apply shall be set forth in a list compiled and published from time to time by the Prime Minister under section 2(3) of the Act, and such list shall show in regard to each person the date as from which, for the purposes of this Order, he first held the office or employment in question, and the date when he ceased to hold that office or employment.

13. This Order may be cited as the Diplomatic Privileges (International Labour Organisation) Order.

(7) Food and Agriculture Organisation

A.—THE ORGANISATION

1. The Food and Agriculture Organisation (hereinafter referred to as "the Organisation") is hereby declared to be an organisation of which Her Britannic Majesty's Government in the United Kingdom and the Governments of foreign sovereign powers are members.

4. The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

5. The Organisation shall have the exemption from taxes on the importation of goods directly imported by the Organisation for its official use in the Kingdom or for exportation, or on the importation of any of the 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.

6. The Organisation shall have exemption from prohibitions and restrictions on the 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 by the Organisation directly imported or exported by it.

7. The Organisation shall have 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.

B.— REPRESENTATIVES OF MEMBERS: CHAIRMAN OF THE COUNCIL OF THE ORGANISATION

8. (1). Except in so far as any privilege or immunity is waived in the case of representatives of member Governments, by the Governments whom they represent and, in the case of the Chairman of the Council of the Organisation, by the Council of the Food and Agriculture Organisation, representatives of member Governments, and the Chairman of the Council of the Organisation shall enjoy—

(b). immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;

(c). while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Her Britannic Majesty, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in the Kingdom during any period when they are present in the Kingdom whilst exercising their functions and during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to Tongan or British subjects whose usual place of abode is in the Kingdom.

(3). The provisions of the preceding paragraphs of this Article shall not confer any immunity or privilege upon any person as the representative of His Majesty's Government in the Kingdom or as a member of the staff of such a representative, or any person who is a Tongan or British subject and who is not the representative of a Government other than His Majesty's Government in the Kingdom or a member of the staff of and accompanying any such representative.

C.— HIGH OFFICIALS

9. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officers of the Organisation holding the offices of Director-General and Deputy Director-General shall be accorded in respect of themselves, their spouses and children under the age of 21, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Her Britannic Majesty, his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

D.— PERSONS EMPLOYED ON MISSIONS ON BEHALF OF THE ORGANISATION

10. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, persons (other than officials of the Organisation) serving on Committees of, or on behalf of the Organisation shall enjoy —

(b). immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the persons concerned are no longer employed on missions on behalf of the Organisation.

E.— OTHER OFFICIALS OF THE ORGANISATION

11. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, all officials of the Organisation (other than those referred to in article 9 above) shall enjoy-

(a). immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties;

(b). exemption from income tax in respect of emoluments received by them as officers or servants of the Organisation.

F.— GENERAL

12. The names of the persons to whom the provisions of Articles 8, 9, 10 and 11 of this Order apply shall be set forth in a list compiled and published from time to time by the Prime Minister under section 2(3) of the Act, and such list shall show in regard to each person the date as from which, for the purposes of this Order, he first held the office or employment in question, and the date when he ceased to hold that office or employment.

13. This Order may be cited as the Diplomatic Privileges (Food and Agriculture Organisation) Order.

(8) Universal Postal Union

A.—THE ORGANISATION

1. The Universal Postal Union (hereinafter referred to as the Union) is an organisation of which Her Britannic Majesty's Government in the United Kingdom and the Governments of foreign sovereign powers are members.

2. The Union shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

3. The Union shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign power accredited to Her Britannic Majesty.

4. The Union shall have the like exemption or relief from taxes and rates other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

5. The Union shall have exemption from taxes on the importation of goods directly imported by the Union for its official use in the Kingdom for exportation, or on the importation of any publications of the Union directly imported by it, such exemption to be subject to compliance with such conditions as the Controller of Customs may prescribe for the protection of the revenue.

6. The Union shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Union for its official use and in the case of any publications of the Union directly imported or exported by it.

7. The Union shall have 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 an reduced rates applicable for the corresponding service in the case of press telegrams.

B.— REPRESENTATIVES, OTHER THAN REPRESENTATIVES OF HIS MAJESTY'S GOVERNMENT IN THE KINGDOM, ON ORGANS OR COMMITTEES OF THE UNION

8. (1). Except in so far as in any particular case any privilege or immunity is waived by the Governments whom they represent, representatives of members at Congresses, on the Executive and Liaison Committee, at administrative conferences or on Commissions provided for in the constitution of the Union, or on any committee of any of these bodies shall enjoy —

(a). while exercising their functions as such and during their journeys to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents;

(b). immunity from legal process of every kind in respect of words spoken or written and things done or omitted to be done by them in their capacity as representatives.

(2). Where the incidence of any form of taxation depends upon residence, representatives shall not be deemed to be resident in the Kingdom during any period when they are present in the Kingdom for the discharge of their duties.

(3). For the purposes of the application of this Article the expression "representatives" shall be deemed to include, in addition to the representatives, the following members of their official staffs accompanying them as such representatives —

alternative representatives;

advisers;

technical experts;

secretaries of delegations;

and Part IV of the Schedule to the Act shall not operate so as to confer privileges or immunities on the staffs of representatives other than on those persons falling within the above-mentioned descriptions.

(4). The provisions of the preceding •paragraphs of this Article shall not confer any immunity or privileges on any person as the representative of His Majesty's Government in the Kingdom or as a member of the staff of such representative or any person who is a citizen of the Kingdom.

C.— HIGH OFFICIALS OF THE UNION

9. Except in so far as in any particular case any privilege of immunity is waived by the Union, the Director of the International Bureau of the Union (including any officer acting for him during his absence from duty shall be accorded in respect of himself, his spouse and his children under the age of 21, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes, other than income taxi as is accorded to an envoy of a foreign sovereign power accredited to Her Britannic Majesty, his spouse and children, and exemption from income tax in respect of emoluments received by him as an officer of the Union.

D.— OTHER OFFICIALS OF THE UNION

10. Except in so far as in any particular case any privilege or immunity is waived by the Union, officials of the Union of any category specified by it shall enjoy —

(a). immunity from suit and legal process in respect of words spoken or written and things done or omitted to be done by them in the course of the performance of their official duties;

(b). exemption from income tax in respect of emoluments received by them as officers or servants of the Union.

11. The names of the persons to whom the provisions of Articles 8 and 9 of this Order apply shall be set forth in a list compiled and published from time to time by the Prime Minister under section 2 (3) of the Act such list shall show in regard to each person the date as from which, for the purpose of this Order, he first held the office or employment in question and the date when he ceased to hold that office or employment.

E.— GENERAL

12. This Order may be cited as the Diplomatic Privileges (Universal Post Union) Order.

(9) World Meteorological Organisation

A.—THE ORGANISATION

1. The World Meteorological Organisation (hereinafter referred to as the Organisation) is an organisation of which Her Britannic Majesty's Government in the United Kingdom and the Governments of foreign sovereign powers are members.

4. The Organisation shall have the like exemption or relief from taxes and rates other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

5. The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in the Kingdom 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 Controller of Customs may prescribe for the protection of the revenue.

7. The Organisation shall have 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.

B.— REPRESENTATIVES, OTHER THAN REPRESENTATIVES OF HIS MAJESTY'S GOVERNMENT IN THE KINGDOM, OR ORGANS OR COMMITTEES OF THE ORGANISATION

8. (1). Except in so far as in any particular case any privilege or immunity is waived by the Governments whom they represent, representatives of members at the World Meteorological Congress, on the Executive Committee, at regional associations, on technical commissions, or on any committee of any of these bodies shall enjoy —

(b). immunity from legal process of every kind in respect of words spoken or written and things done or omitted to be done by them in their capacity as representatives.

(2). Where the incidence of any form of taxation depends upon residence, representatives shall not deemed to be resident in the Kingdom during any period when they are present in the Kingdom for the discharge of their duties.

(3). For the purposes of the application of this Article the expression "representatives" shall be deemed to include; in addition to the representatives, the following members of their official staffs accompanying them as such representatives —

alternative representatives;

advisers;

technical experts;

secretaries of delegations;

(4). The provisions of the preceding paragraph of this Article shall not confer any immunity or privilege on any person as the representative of His Majesty's Government in the Kingdom or as a member of the staff of such representative or any person who is a citizen of the Kingdom.

C.— HIGH OFFICIALS OF THE ORGANISATION

9. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, any officer of the Organisation holding the office of Secretary-General (including any officer acting for him during his absence from duty) shall be accorded in respect of himself, his spouse and his children under the age of 21, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes, other than income tax, as is accorded to an envoy of a foreign sovereign power accredited to Her Britannic Majesty, his spouse and children, and exemption from income tax in respect of emoluments received by him as an officer of the Organisation.

D.— OTHER OFFICIALS OF THE ORGANISATION

10. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officials of the Organisation of any category specified by it shall enjoy —

(a). immunity from suit and legal process in respect of words spoken or written and things done or omitted to be done by them in the course of the performance of their official duties;

(b). exemption from income tax in respect of emoluments received by them as officers or servants of the Organisation.

E.— GENERAL

11. The names of the persons to whom the provisions of Articles 8 and 9 of this Order apply shall be set forth in a list compiled and published from time to time by the Prime Minister under section 2(3) of the Act, and such list shall show in regard to each person the date as from which, for the purposes of this Order, he first held the office or employment in question and the date when he ceased to hold that office or employment.

12. The Order may be cited as the Diplomatic Privileges (World Meteorological Organisation) Order.

(10) International Telecommunications Union

A. THE ORGANISATION

1. The International Telecommunication Union (hereinafter referred to as the Union) is an organisation of which Her Britannic Majesty's Government in the United Kingdom and the Governments of foreign powers are members.

4. The Union shall have the like exemption or relief from taxes and rates other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

B. REPRESENTATIVES, OTHER THAN REPRESENTATIVES OF HIS MAJESTY'S GOVERNMENT IN THE KINGDOM, OR ORGANS OR COMMITTEES OF THE UNION

7. (1). Except in so far as in any particular case any privilege or immunity is waived by the Government whom they represent, representatives of member Governments at Plenipotentiary and administrative conferences, on the administrative council, on consultative committees or on any committee of any of these bodies shall enjoy –

(b). immunity from legal process of every kind in respect of words spoken or written and things done or omitted to be done by them in their capacity as representatives.

(3). For the purposes of the application of this Article the expression "representatives" shall be deemed to include, in addition to the , the following members of their official staffs accompanying them as such representatives –

alternative representative;

advisers;

technical experts;

secretaries of delegations;

and Part IV of the Schedule to the Act shall not operate, so as to confer privileges or immunities on the staffs of representatives other than on those persons falling within the above-mentioned descriptions.

(4). The provisions of the preceding paragraphs of this Article shall not confer any immunity or privileges on any person as the representative of His Majesty's Government in the Kingdom or as a member of the staff of such representative or any person who is a citizen of the Kingdom.

C. HIGH OFFICIALS OF THE UNION

8. Except in so far as in any particular case any privileges or immunity is waived by the Union, any officer of the Union holding the office of Secretary-General (including any officer acting for him during his absence from duty) shall be accorded in respect of himself, his spouse and his children under the age of 21, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes, other than income tax, as is accorded to an envoy of a foreign power accredited to Her Britannic Majesty, his spouse and children, and exemption from income tax in respect of emoluments received by him as an officer of the Union.

D. OTHER OFFICIALS OF THE UNION

9. Except in so far as in any particular case any privilege or immunity is waived by the Union officials of the Union of any category specified by it shall enjoy –

(a). immunity from suit and legal process in respect of words spoken or written and things done or omitted to be done by them in the course of the performance of their official duties;

(b). exemption from income tax in respect of emoluments received by them as officers or servants of the Union.

10. The names of the persons to whom the provisions of Articles 7 and 8 of this Order apply shall be set forth in a list compiled and published from time to time by the Prime Minister under section 2(3) of the Act and such list shall show in regard to each person the date as from which, for the purposes of this Order, he first held the office or employment in question and the date when he ceased to hold that office or employment.

E. GENERAL

11. This Order may be cited as the Diplomatic Privileges (International Telecommunications Union) Order.

(11) Inter-Governmental Maritime Consultative Organisation

PART I.—THE ORGANISATION

1. The Inter-governmental Maritime Consultative Organisation (hereinafter referred to as the Organisation) is an Organisation of which Her Britannic Majesty's Government in the United Kingdom and foreign sovereign powers are members.

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

4. The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

5. The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in the Kingdom 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 Controller of Customs may make for the protection of the revenue.

6. The Organisation shall have 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.

7. The Organisation shall have 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.—REPRESENTATIVES

8. (1). Except in so far as in any particular case any privilege or immunity is waived by the Government of the member whom they present, representatives of members of the Organisation on any of its organs at meetings convened by it shall enjoy –

(a). in respect of words spoken or written and all acts done by them in their official capacity, the like immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to Her Britannic Majesty;

(b). while exercising their functions and during their journeys to and from the place of meetings, the like immunity from personal arrest or detention and from seizure of their personal baggage and the like inviolability for all papers and documents as is accorded to an envoy of a foreign sovereign power accredited to Her Britannic Majesty.

(2). Where the incidence of any form of taxation depends upon residence, any period during which representatives of members of the Organisation on any of its organs at meetings convened by it are present in the Kingdom for the exercise of their functions shall, for the purpose of determining their liability to taxation, be treated as not being a period of residence in the Kingdom.

(3). Part IV of the Schedule to the Act shall not operate so as to confer any immunity or privilege on the official staff of representatives of members of the Organisation other than alternates, advisers, technical experts and secretaries of delegations.

(4). Neither the provisions of the preceding paragraphs of this Article those of Part IV of the Schedule to the Act shall operate so as to confer any immunity or privilege on any person as the representative of His Majesty's Government in the Kingdom or as a member of the official staff of such a representative or on any person who is a Tongan or British subject and who is not the representative of a government other than His Majesty's Government.

PART III. -OFFICERS

High Officers

9. Except in so far as any particular case any privilege or immunity is waived by the Organisation, the Secretary-Genera! of the Organisation and the Secretary of the Maritime Safety Committee shall be accorded the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes, other than income tax, as is accorded to an envoy of a foreign sovereign power accredited to Her Britannic Majesty, and exemption from income tax in respect of emoluments received by them as officers of the Organisation.

Other Officers

10. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, all officers of the Organisation with the exemption of those who are recruited locally and assigned to hourly rates shall enjoy —

(a). immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties;

(b). exemption from income tax in respect of emoluments received by them as officers of the Organisation.

PART IV.— EXPERTS

11.(1). Except in so far as in any particular case any privilege or immunity is waived by the Organisation, experts (other than officers of the Organisation) who are members of any committee of the Organisation or who are employed on missions on behalf of the Organisation shall, so far as is necessary for the effective exercise of their functions, enjoy-

(b). while exercising their functions and during their journeys in connection with service on such committees or missions, the like immunity from personal arrest or detention and from seizure of their personal baggage and the like inviolability for all papers and documents relating to the work on which they are engaged for the Organisation as is accorded to an envoy of a foreign sovereign power accredited to Her Britannic Majesty.

(2). Part IV of the Schedule to the Act shall not operate so as to confer any immunity or privilege on the official staff of experts to whom the provisions of paragraph (1) of this Article apply.

PART V.— GENERAL

Interpretation

12. The names of the persons to whom the provisions of Articles 8, 9, 10 and 11 of this Order apply shall be set forth in a listed compiled and published from time to time by the Prime Minister under section 2(3) of the Act and such list shall show in regard to each person the date as from which for the purpose of this Order he first held the office or employment in question, and the date when he ceased to hold that office or employment.

13. This Order may be cited as the Inter-governmental Maritime Consultative Organisation (Immunities and Privileges) Order.

(12) Commonwealth Secretariat

1. This Order may be cited as the Commonwealth Secretariat Privileges and Immunities Order.

2. In this Order:—

"Commonwealth Secretariat" means the Commonwealth Secretariat established at the Commonwealth Prime Ministers' Meeting of June 1965;

"Minister" means the Minister responsible for the Foreign Affairs;

"Principal Act" means the Diplomatic Privileges Act;

"Senior Officer" means an officer of the Commonwealth Secretariat recognised by the Minister as being a senior officer of the Secretariat.

3. (1). The Commonwealth Secretariat is an organisation of which Her Britannic Majesty's Government in the United Kingdom, the Government of the Kingdom of Tonga and the government of foreign sovereign powers are members.

(2). The Commonwealth Secretariat shall have the legal capacities of a body corporate and shall enjoy the privileges and immunities set out in Part I of the Schedule to the Principal Act.

4. Every senior officer of the Commonwealth Secretariat, who is not a citizen of or permanently resident in Tonga and any member of his family forming part of his household, shall, while in Tonga on the Official business of the Commonwealth Secretariat, enjoy the privileges and immunities set out in Part II of the Schedule to the Principal Act together with the like privileges and immunities as are accorded by law to a diplomatic agent and the members of his family forming part of his household.

5. Every officer and servant of the Commonwealth Secretariat not falling within paragraph 4 of this Order shall enjoy the privileges and immunities set out in Part III of the Schedule to the Principal Act except immunity from suit and legal process in respect of civil action for damage alleged to have been caused by a motor traffic offence involving such a vehicle; such officer or servant shall also enjoy —

(a). the like inviolability for all his official documents as is accorded by law to the diplomatic agent of a sending state;

(b). exemption from duties on the importation, on the occasion of his first assuming duty in Tonga, of personal and household effects, including one private motor vehicle, for the use of himself and any members of his family forming part of his household: provided that he is not a citizen of nor ordinarily resident in Tonga immediately before first assuming duty in Tonga.

6. The privileges and immunities conferred by this Order on the officers and servants of the Commonwealth Secretariat and on members of their families may be waived by the Secretary-General or any person for the time being exercising his functions.

7. If in any proceedings any question arises whether or not any person is entitled to any privilege or immunity under this Order, a certificate issued by or under authority of the Minister stating any fact relevant to that question shall be conclusive evidence of that fact.

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