Immunities) Act, 1967

Assented to in Her Majesty's name this 9th day of March, 1967. (LS) No. 12 uNITYSR REEDOM NuSTICESierra Leone H. J. L. BOSTON, Governor-General. The Commonwealth Secretariat (Diplomatic Privileges and Immunities) Act, 1967 A 57 BE IT ENACTED by the Qucen's Most Excellent Majesty, by and with the advice and consent of the House of Representatives in this present Parliament assembled, and by the authority of the same, as follows: Short title. [lst July, 19651 Dateof Commence ment. A 58 Commencement. Interpretation The Com monwealth Secretariat. No. 12 Commonwealth Secretariat (Diplomatic Privilegesand Immunities) No. 62 of 1964.

This Act shall be dcemcd to have come into operation on theIst day of July, 1965 (but not so as to affect any cause of actionarising or liability to criminal proccodings incurred, before the pass.0g of this Act).

(b) "the Commonwealth Secretariat'" means the Commonwealth Secretariat established at the CommonwealthPrime Minister's Meeting of June, 1965.

(1) The Commonwcalth Secretariat shall have the legalcapacitv of a body corporate. (2) The Commonwcalth Secrctariat shall have the im munities and privileges conforred by Part Iof the Schedule, the officers and servants of the Secretariat and members oftheir familiee shall have the privileges and immunities conferred by Part II of the Schedule, and the supplementary provisions in Part III of the Schedule shall have effect for the purpose of the said Parts 1and II SCHEDULE, IMMUNITIES AND PRIVILEGES PART I THE COMMONWEALTH SECRETARIAT (Section 3 (2) 1. (1) The Commonwealth Secretariat shall have immunity from suit and legal process except (a) in respect of a civ1l action for damage alleged to have been caused by a motor vehicle belonging to, or operated on behalf of the Secretariat or in respect of any offence involving such a vehicle under the Road Traffic Act, 1964: in respect of arbitration proceeding relating to any written contract entered into by or on behalf of the Secretariat. (2) The foregoing sub-paragraph shall not be construed as autho rising the enforcement of any judgment or arbitration award by execution on the premnises or official archives of the Secretariat. 2. The Commonwealth Secretariat shall have the like inviolabil1ty of official archives, communications and premises as is accorded by law in respect of official archives, communications and premises of a foreign envoy. 3. The Commonwealth Secretariat shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods as is accredited to a foreign envoy.

The Commonwealth Secretariat shall bave the like exemption fromtaxes on the importation of goods directly imported by the Secretariat for its oWn official use in Sierra Leone or for exportation or on the importation of any publication of the Secretariat directly imported by it, subject however to Compliance with such conditions as the Minister of Finance may prescribe for the protection of revenue in Sierra Leone. No. 12 Commonwealth Secretariat (Diplomatic Privileges 1967 A 59 and Immunities)

Every senior Oficer of the Commonwealth Secretariat who is not acitizen only of Sicrra Leone and any member of his family forming part of his household other than a member who is a citizen only of Sierra Leone, shall, if permanently resident outside Sierra Leone be accorded the like immunity from suit and legal process, the like tnviolability of residence, official premises and official archives and the like exemption or relief fronn taxes and rates (in cluding exemption from ncome tax in respect of emoluments received by him as anOficer of the Secretariat) as are accorded by law to a foreign envoy and the members of his family. No. 62 of 1964. PART II Every scnior officer of the Commonwealth Secretariat not falling within paragraph S shall be accorded immunity from suit and legal process in respect of acts or omission of his in thecourse of the performance of official duties, except im munity from suit and legal process in respect of a civil action for damage alleged to have been caused by a motor vehicle belonging to or driven by him or in respect of any offence involving such a vehicle under the Road Traffic Act, of 1964; (b) the like inviolability of his official papers and documents as is accorded by law to a foreign envoy.

Every officer and servant of the Commonwealth Secretariat not fallingw1thin paragraphs 5 or 6 who is not a citizen only of Sierra Leone sha1l, if ordina1ily resident outside Sierra Leone immediately before taking up hispost with the Secretariat in Sierra Leone be exempt from duties on the importation,on the occasion of his first taking up that post, of personal and household effects, including private motor vehicles, for the use of himself and any mem bers of h1s family forming part of bis househiold. PART III SUPPLEMENTAL

The pr1vileges and immunities conferred bythis Schedule on the Commonwealth Secretariat, Its officers and servants and members of their families may be waived by the Secretary-Generai or any person for the time being exercising his functions.

If in any proceedings any question arises whether or not any person isent1tled to any privilege or immunity under this Schedule, a certificate issus dby or under theauthority of the Prime Minister stating ary fact relevant to that question shall be conclusive evIdence of that fact.

*duties" includes taxes and related charges, other than charges for storage, cartage and similar services: "senior oficer", in relation to the Commonwealth Secretariat, means an officer of the Secretariat recognised by the Prime Minister as being a senior officer of the Secretariat. A 60 No. 12 Commonwealth Secretariat (Diplomatic Privileges and Immunities) 1961. (2) Expressions used in this Schedule shall have the same meaning as they have in the Schedules to the Diplomatic Immunities and Privileges No. 35 of Act, 1961. Passed in the House of Representatives this 17th day of January, in the vear of our Lord one thousand nine hundred and sixty-seven. MP. CoNE/1401915/16. S. V. WRIGHT, Clerk of the House of Representatives. THIs PRINTED IMPRESSION has been carefully cOmpared by me with the Bill which has passed the House of Representatives and found by me to be a true and correctly printed copy of the said Bill. S. V. WRIGHT, Clerk of the House of Representatives.