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Short title and date of operation.
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1. This Ordinance may be cited as the Diplomatic Privileges (Extension) Ordinance, and shall come into operation on such date * as the Governor-General[3] may appoint by Proclamation published in the Gazette.
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* Not in operation on 30th. June, 1956.
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Privileges, immunities and capacities of certain international organizations and their staffs.
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2.
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(1) This section shall apply to any organization declared by the Governor-General [3], by Order published in the Gazette, to be an organization of which Her Majesty’s Government in the United Kingdom and the Government or Governments of one or more foreign sovereign Powers are members.
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(2) The Governor-General3 may, by Order published in the Gazette –
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(a) provide that any organization to which this section applies (hereinafter referred to as ” the organization “) shall, to such extent as may be specified in the Order, have the immunities and privileges set out in Part I of the Schedule, and shall also have the legal capacities of a body corporate ;
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(b) confer upon such number of officers of the organization as may be specified in the Order, being the holders of such high offices in the organization as may be specified in the Order, and upon such persons employed on missions on behalf of the organization as may be so specified, and upon any person who is the representative of a member Government on the governing body or any committee of the organization, to such extent as may be so specified, the immunities and privileges set out in Part II of the Schedule ;
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(c) confer upon such other classes of officers and servants of the organization 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 ;
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and Part IV of the Schedule shall have effect for the purpose of extending to the staffs of representatives of member Governments and to the families of officers of the organization any immunities and privileges conferred on the representatives or officers under paragraph (b) of this subsection, except in so far as the operation of the said Part IV is excluded by the Order conferring the immunities and privileges:
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Provided that the Order shall not confer any immunity or privilege upon any person as the representative of Her Majesty’s Government in the United Kingdom or as a member of the staff of such a representative.
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(3) Where immunities and privileges are conferred on any person by an Order made under the last foregoing subsection, the Minister-
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(a) shall compile a list of the persons entitled to immunities and privileges conferred under paragraph (b) of that subsection, and may compile a list of the persons entitled to immunities and privileges conferred under paragraph (c) of that subsection ;
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(b) shall cause any list compiled under this sub- section to be published in the Gazette ; and
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(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 or cause a notice of the amendment, or, if he thinks fit, an amended list, to be published as aforesaid.
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(4) Every list or notice published under the last foregoing subsection 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 Gazette, 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.
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(5) The preceding provisions of this section shall, in their application to the United Nations, have effect subject to the following modifications : –
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(a) any reference to the governing body or any committee of the organization shall be construed as referring to the General Assembly or any council or other organ of the United Nations; and
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(b) the powers conferred by subsection (2) of this section shall include power, by Order, 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.
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Provisions as to Orders.
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3.
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(1) Every Order made under subsection (1) or subsection (2) of section 2 shall be laid as soon as may be before the Senate and the House of Representatives, and if a resolution is passed by the Senate or the House of Representatives,1 within the period of forty days beginning with the day on which any such Order is laid before it, praying that the Order be annulled, the Governor-General3 may annul the Order and it shall thereupon cease to have effect, but without prejudice to the validity of anything done thereunder in the meantime or to the making of a new Order.
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(2) In reckoning the said period of forty days, no account shall be taken of any time during which the Senate or the House of Representatives1 is adjourned.
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(3) Where there is any conflict or inconsistency between the provisions of any Order made under subsection (1) or subsection (2) of section 2 and the provisions of any other written law, the provisions of such Order shall prevail.
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Diplomatic immunities of representatives attending international conferences.
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4.
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(1) Where a conference is held in Ceylon and is attended by the representatives of Her Majesty’s Government in the United Kingdom and the Government or Governments of one or more foreign sovereign Powers, and it appears to the Minister1 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 –
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(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
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(b) whenever it appears to the Minister1 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 ;
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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 for the time being included in the list shall be treated for the purpose aforesaid as if they were his retinue.
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(2) Every list or notice published under the last foregoing subsection 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.
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Reciprocal treatment.
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5. Nothing in the foregoing provisions of this Ordinance shall be construed as precluding the Governor-General 3 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.
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Schedules
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