The Diplomatic Privileges (Extension) Ordinance

5 ofl947. 15 of 1948. 33 of 1952. Short title. and application. Privileges, immunities and capaci· ties of certain inter· national organisations and their staffs. 33 of 1952. Cap. 5] Diplomatic Privileges (Extension) CHAPTER 5. DIPLOMATIC PRIVILEGES (EXTENSION). ARRANGEMENT OF SECTIONS. SECTION.

Privileges, immunities and capacities of certain internationalorganisations and their staffs.

Diplomatic immunities of representatives attending internationalconferences.

CHAPTER 5. DIPLOMATIC PRIVILEGES (EXTENSION). An Ordinance to make provision within Sierra Leone as to the immunities, privileges and capacities of international organisations of which Her Majesty's Government and Foreign Governments are members, and other matters incidental thereto. [1ST MARCH, 1949.] 1. This Ordinance may be cited as the Diplomatic Privileges (Extension) Ordinance. It shall apply to the Colony and Protectorate. 2. (1) This section shall apply to any organisation which the Governor in Council may by Order declare to be an organisation of which Her Majesty's Government in the United Kingdom and the government or governments of one. or more foreign Sovereign Powers are members. (2) The Governor in Council may by Order- (a) provide that any organisation to which this Ordinance 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 Diplomatic Privileges (Extension) [Cap. 5 to this Ordinance, and shall also have the legal capacities of a body corporate; (b) confer upon- (i) any persons who are representatives (whether of government 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 Ordinance; (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 Ordinance; and Part IV of the Schedule to this Ordinance shall have effect for the purpose of extending to the staffs of such representatives and members as are mentioned in sub-paragraph (i) of paragraph (b) of this sub-section 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. (3) The powers conferred by the preceding sub-section shall include power by Order in Council 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. (4) Where immunities and privileges are conferred on any persons by an Order in Council under sub-section (2) of this section, the Deputy Governor- (a) shall compile a list of the persons entitled to im- 34 Cap. 5] Diplomatic Privileges (Extension) munities and privileges conferred under paragraph (b) of that sub-section, and may compile a list of the persons entitled to immunities and privileges conferred under paragraph (c) of that sub-section; (b) shall cause any list compiled under this sub-section to be published in the Gazette; 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. (5) Every list or notice published under the last foregoing sub-section shall state 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 the immunities and 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 3. (1) Where a conference is held in Sierra Leone and is immunities of d d b th · f H M · ' Grepresenta- atten e y e representatives o er aJesty s overnment tives in the United Kingdom and the government or governments of attending £ · S · p d · hinternational one or more ormgn overe1gn owers, an It appears to t e conferences. Deputy Governor 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 Deputy Governor 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, for the purpose of any enactment and rule of law or custom relating to the immunities of an envoy of a foreign Power accredited to Her Majesty, and of the retinue of such an envoy, be treated as if he were such an envoy, and such of the members of his official staff as are Diplomatic Privile,qes (Extension) [Cap. 5 for the time being included in the list shall be treated for the purpose aforesaid as if they were his retinue. (2) Every list or notice published under the last foregoing sub-section 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. Nothing in the foregoing provisiOns of this Ordinance shall be construed as precluding Her Majesty 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 British nationals or representatives.

PART I.-IMMUNITIES 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 respect of the official archives and premises of an envoy of a foreign Sovereign Power accredited to Her Majesty. 3. 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. 4. Exemption from taxes on the importation of goods directly imported by the organisation for its official use in Sierra Leone 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.

Exemption from prohibitions and restrictions on importation ore:'portation 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.

The right to avail itself, for telegraphic communications sent by itand containing only matter intended for publication by the press or for Reciprocal treatment. 33 of 1952. Cap. 5] Diplomatic Privileges (Extension) broadcast (including communications addressed to or despatched from places outside Sierra Leone), of any reduced rates applicable fqr the corresponding service in the case of press telegrams. PART H.-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 to an envoy of a foreign Sovereign Power accredited to Her 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 such an envoy. 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 a 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 Majesty is entitled to the immunities and privileges accorded to the envoy. 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 twenty-one 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 Majesty are entitled to the immunities and privileges accorded to the envoy.