(Cap 190, section 2)

[10 December 1993]

(L.N. 470 of 1993)

Section 2 of the Ordinance shall apply to-

(a) the European Coal and Steel Community;

(b) the European Economic Community;

(in this Notification referred to collectively as "the European Communities"), each being an organization of which the Government or Governments of one or more foreign sovereign powers are members and of which the Government of the United Kingdom is a member.

(Enacted 1993)

Each of the European Communities shall have the legal capacities of a body corporate and may be represented in the exercise of those capacities by the Commission of the European Communities.

(Enacted 1993)

Each of the European Communities shall have the following immunities and privileges-

(a) immunity from suit and legal process;

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

(c) the like exemption from taxes and rates in respect of premises occupied as offices as is accorded in England to a foreign sovereign power;

(d) exemption from taxes on the importation of goods directly imported by it for its official use in Hong Kong or for exportation, such exemption to be subject to compliance with such conditions as the Commissioner of Customs and Excise may prescribe for the protection of the revenue.

(Enacted 1993)

(1) The office of Head of the Office of the Commission of the European Communities shall be a high office of each of the European Communities for the purpose of section 2(1)(b)(ii) of the Ordinance.

(2) There is conferred upon the person holding the high office of Head of the Office of the Commission of the European Communities the following immunities and privileges-

(a) the like immunity from suit and legal process as is accorded in England to an envoy of a foreign sovereign power accredited to Her Majesty;

(b) the like inviolability of residence as is accorded to such an envoy;

(i) taxes in respect of place of residence;

(ii) income tax in respect of any emolument received as a member of any of the Communities;

(iii) all customs duties, taxes and related charges other than charges for storage, cartage and similar services on articles for his personal use including articles intended for his establishment.

(Enacted 1993)

(1) Subject to subsection (2), there is conferred upon the officers and servants of each of the European Communities, other than an officer to whom section 4 applies, the following immunities and privileges-

(a) 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;

(b) exemption from income tax in respect of emoluments received as such officer or servant.

(2) Subsection (1) shall not apply as regards any officer or servant who is permanently resident in Hong Kong.

(Enacted 1993)

(1) The spouse and children under the age of l8 years of the Head of the Office of the Commission of the European Communities shall be entitled to the immunities and privileges conferred on that officer under section 4(2)(a) to the same extent as the spouse and children of an envoy of a foreign sovereign power accredited to Her Majesty are entitled in England to such immunities and privileges accorded to the envoy.

(2) The spouse and children under the age of 18 years of the Head of the Office of the Commission of the European Communities forming part of that officer's household shall be entitled to the immunities and privileges conferred on that officer under section 4(2)(c)(iii) to the same extent as the spouse and children of an envoy of a foreign sovereign power accredited to Her Majesty are entitled in England to such immunities and privileges accorded to the envoy.

(3) Part IV of the First Schedule to the Ordinance shall have effect to the extent provided in subsections (1) and (2) and not otherwise.

(Enacted 1993)

(1) Any immunity or privilege conferred on any person under this Notification shall have effect as from the time the person enters Hong Kong to take up his post or, if he is already in Hong Kong, as from-

(a) the time of the notification of his appointment to the appropriate authorities in Hong Kong; or

(b) such later time as may be specified in such notification as the time from which his appointment is to take effect.

(2) Subject to subsection (3), if the function of any person who enjoys any immunity or privilege conferred under or by virtue of this Notification comes to an end, the immunity or privilege shall cease to have effect as from the moment the person leaves Hong Kong or on the expiry of a reasonable period in which to do so.

(3) Notwithstanding subsection (2), any immunity in effect in respect of any officer or servant of any of the European Communities shall, in respect of any act performed by such person in the exercise of his function as such officer or servant, continue to subsist.

(4) An immunity from suit or legal process conferred on any organization or person under or by virtue of this Notification shall be enjoyed except in so far as in any particular case the organization or person has expressly waived such immunity.

(Enacted 1993)