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中华人民共和国政府和国际清算银行关于国际清算银行在中华人民共和国香港特别行政区设立代表处和代表处地位的东道国协定(附英文)

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发布日期:1998-05-11 关键字:
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s Republic of
China, including the HKSAR, court or tribunal with respect to things
done or omitted to be done in connection with official Bank activities,
including words spoken and writings, even after their mission has been
accomplished;
   (e) the same customs privileges and facilities as those granted by
the Government to officials of comparable rank of any Specialized Agency
of the United Nations in the HKSAR;
   (f) the same immigration facilities relating to issue of visas and
conditions of stay for these officials and their respective spouse and
dependent children under the age of 21 as those granted by the
Government to officials of comparable rank of any Specialized Agency of
the United Nations in the HKSAR and exemption from any formality
concerning the registration of aliens and from any obligation relating
to national service in the HKSAR;
   (g) the same facilities as regards monetary or exchange regulations
as those granted by the Government to officials of comparable rank of
any Specialized Agency of the United Nations in the HKSAR on a temporary
official mission; and
   (h) the right to use codes or encryption in official communications,
and the right to receive or send official documents or correspondence by
means of duly identified couriers or sealed bags.
   ARTICLE 14 STATUS OF THE SENIOR RESIDENT REPRESENTATIVE AND SENIOROFFICIALS OF THE REPRESENTATIVE OFFICE
   The senior resident representative, as well as such senior officials
as are designated by the General Manager of the Bank, or the Assistant
General Manager of the Bank, and who are neither Chinese nationals nor
permanent residents of the HKSAR, upon the notification of their
designation to the relevant HKSAR authorities, shall enjoy the same
privileges, immunities, exemptions and facilities as those granted by
the Government to officials of comparable rank of any Specialized Agency
of the United Nations in the HKSAR. In particular, such persons shall be
granted, by the appropriate government authorities, the same customs
privileges and facilities as those granted to officials of comparable
rank of any Specialized Agency of the United Nations in the HKSAR.
   ARTICLE 15 PRIVILEGES, IMMUNITIES AND EXEMPTIONS GRANTED TO ALLPERSONNEL OF THE REPRESENTATIVE OFFICE
   All personnel of the Representative Office, regardless of
nationality or permanent residence status, shall be immune from the
jurisdiction of any HKSAR court or tribunal with respect to things done
or omitted to be done while carrying out official Bank activities,
including words spoken and writings, even when such persons are no
longer employed by the Bank.
   ARTICLE 16 PRIVILEGES, IMMUNITIES AND EXEMPTIONS GRANTED TO PER-SONNEL OF THE REPRESENTATIVE OFFICE WHO ARE NEITHER CHINESE NATIONALSNOR HKSAR PERMANENT RESIDENTS
   Personnel of the Representative Office together with their
respective spouse and dependent children under the age of 21, who are
neither Chinese nationals nor permanent residents of the HKSAR, shall:
   (a) be exempt from any obligation relating to national service of
any kind in the HKSAR;
   (b) be afforded the same immigration facilities in relation to issue
of visas as those granted by the Government to personnel of any
Specialized Agency of the United Nations in the HKSAR, shall not be
subject to any restriction on conditions of stay and shall not be
subject to any formality concerning the registration of aliens, or to
any restriction regarding employment or access to educational
institutions, and shall promptly be provided by the HKSAR authorities
with any clearance or document which may be required by the usual
immigration procedures;
   (c) with respect to exchange facilities and facilities for the
transfer of assets and property in the HKSAR and abroad, enjoy the same
privileges as those granted by the Government to the personnel of any
Specialized Agency of the United Nations in the HKSAR;
   (d) benefit from the same repatriation facilities as those granted
by the Government to the personnel of any Specialized Agency of the
United Nations in the HKSAR;
   (e) enjoy immunity from inspection or seizure of official baggage;
   (f) enjoy the same customs privileges and facilities as those
granted by the Government to the personnel of comparable rank of any
Specialized Agency of the United Nations in the HKSAR;
   (g) be exempt from any tax on salaries, fees, emoluments and
allowances paid to them by the Bank; and
   (h) be exempt, at the time of payment, from any tax on capital
payments, if any, paid to them by the Bank, including capital payments
paid to them by way of indemnity for sickness or accident; income
derived from such capital payments, as well as annuities and pensions
paid to former personnel of the Bank, shall not be exempt from tax.
   ARTICLE 17 NATIONAL SERVICE OF PERSONNEL OF THE REPRESENTATIVEOFFICE WHO ARE PERMANENT RESIDENTS OF THE HKSAR
   If permanent residents of the HKSAR who are personnel of the
Representative Office are, or become, subject to any military or other
national service obligation, the appropriate authorities shall, on
request of the Bank, grant dispensation or leave to the extent necessary
to permit those persons to perform their functions for the Bank.
   ARTICLE 18 EXPERTS
   1. Experts who are neither Chinese nationals nor permanent residents
of the HKSAR and who carry out temporary missions for the Bank shall, in
connection with their missions, be assimilated to the personnel of the
Representative Office with respect to the privileges, immunities and
exemptions specified in Articles 15 and 16 of this Agreement.
   2. Experts who are Chinese nationals or permanent residents of the
HKSAR and who carry out temporary missions for the Bank shall, in
connection with their missions, enjoy the privileges, immunities and
exemptions specified in Article 15 of this Agreement.
   ARTICLE 19 PURPOSE OF, WAIVER OF, AND EXCEPTIONS TO, IMMUNITY
   1. The privileges, immunities, exemptions, facilities, assurances
and other rights referred to in this Agreement are solely granted to
ensure, in all circumstances, the freedom of action of the Bank and the
complete independence of persons performing official activities for the
Bank, and are not granted for the personal benefit of those persons.
   2. Without prejudice to the privileges and immunities conferred by
this Agreement, it is the duty of all persons enjoying such privileges
and immunities to respect the laws and regulations in force in the
HKSAR.
   3. The President of the Bank, or the General Manager of the Bank, or
the Assistant General Manager of the Bank shall, if they consider that
the immunity of any member of the personnel of the Representative Office
or expert is being used to hinder the normal course of justice, and that
it is possible to waive such immunity without prejudicing the interests
of the Bank, waive that immunity.
   4. Where immunity is not waived in accordance with this Article, the
Bank shall do its best to ensure the satisfactory settlement of disputes
involving any third party and any member of the personnel of the
Representative Office or expert who, pursuant to Articles 14, 15, 16 or
18 benefits from immunity.
   5. No person enjoying the privileges, immunities or exemptions
referred to in this Agreement shall be immune from jurisdiction or,
where applicable, from execution, in the event of legal proceedings
against them with respect to damage occasioned by a motor vehicle in
their ownership or control.
   6. The Bank and the Government shall co-operate to facilitate the
satisfactory administration of justice, to ensure the observance of
police regulations, if any, and road traffic legislation in force in the
HKSAR, and to prevent any abuse of the privileges, immunities,
facilities and exemptions provided for in this Agreement.
   III. GENERAL AND FINAL PROVISIONS
  
  ARTICLE 20 NON-RESPONSIBILITY OF THE GOVERNMENT
   The Government shall not, as a result of the Bank

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中华人民共和国政府和国际清算银行关于国际清算银行在中华人民共和国香港特别行政区设立代表处和代表处地位的东道国协定(附英文)是由本站编辑人员收集整理免费与大家分享,若法规中有错误请点击提交,欢迎律师与华律网一起共建免费法律法规库供大家查询,提交华律网缺少的法规请点击这里投稿,本站还可以查询律师律师事务所

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