AI-assisted research summary: The Organization and certain officials get legal status, immunities, and tax/import exemptions in Hong Kong, subject to stated exceptions and conditions.
The Asian Development Bank(Cap. 190, section 2) [25 April 1969](Format changes—E.R. 4 of 2021) (Words repealed 81 of 1999 s. 3) Part I The Organization 1. The Asian Development Bank (hereinafter referred to as the Organization) is an organization to which the Ordinance applies. 2. The Organization shall have the legal capacities of a body corporate. 3. The Organization shall have immunity from suit and legal process except—(a) in respect of any proceedings (other than proceedings brought against the Organization by any member, any agency or instrumentality of a member, or any person directly or indirectly acting for or deriving claims from a member or from any agency or instrumentality of a member) arising out of or in connexion with the exercise of its powers to borrow money, guarantee obligations, or buy, sell or underwrite the sale of securities;(b) to the extent that the Organization shall have expressly waived such immunity in a particular case;(c) in respect of a civil action by a third party for damages arising from an accident caused by a motor vehicle belonging to, or operated on behalf of, the Organization, or in respect of a motor traffic offence involving such a vehicle. 4. The Organization shall have in Hong Kong the like inviolability of official archives as is accorded in the People’s Republic of China in respect of the official archives of an envoy of a foreign sovereign power accredited to the Government of the People’s Republic of China. Premises in Hong Kong occupied by the Organization as its offices shall be immune from search, requisition, confiscation, expropriation or any other form of taking or foreclosure.(81 of 1999 s. 3) 5. The Organization shall have in Hong Kong the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded in the People’s Republic of China to a foreign sovereign power.(81 of 1999 s. 3) 6. The Organization shall have exemption from taxes on the importation of goods directly imported by the Organization for its official use in Hong Kong or for exportation, or on the importation of any publications of the Organization directly imported by it, such exemption to be subject to compliance with such conditions as the Commissioner of Customs and Excise may specify for the protection of the general revenue of Hong Kong. (40 of 1985 s. 10) 7. The Organization shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Organization for its official use and in the case of any publications of the Organization directly imported or exported by it. 8. The Organization 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 Hong Kong), of any reduced rates applicable for the corresponding service in the case of press telegrams. Part II Officers and Experts 9. Except in so far as in any particular case any privilege or immunity is waived by the Organization, any Governor, Director, alternate, officer and servant of the Organization and any expert performing a mission for the Bank shall enjoy in Hong Kong—(a) immunity from suit and legal process in respect of acts, including words written or spoken, done or omitted to be done by him in the course of the performance of official duties, except in the case of a motor traffic offence committed by him or in the case of damage caused by a motor vehicle belonging to or driven by him;(b) exemption from income tax in respect of emoluments received by him as an officer of the Organization.