International Organisations (Immunities and Privileges) (Commonwealth Secretariat) Order 2008

No. S 262

International Organisations (Immunities and Privileges) Act

(Chapter 145)

International Organisations (Immunities and Privileges) (Commonwealth Secretariat) Order 2008

In exercise of the powers conferred by section 2(2) of the International Organisations (Immunities and Privileges) Act, the President hereby makes the following Order:

Citation and commencement

1. This Order may be cited as the International Organisations (Immunities and Privileges) (Commonwealth Secretariat) Order 2008 and shall come into operation on 1st June 2008.

Definitions

2. In this Order, unless the context otherwise requires —

“Commonwealth” means the association of sovereign states known as the Commonwealth of Nations, and includes the Commonwealth Secretariat;

“envoy” means an envoy of a foreign sovereign Power accredited to the President;

“high officer”, in relation to the Commonwealth Secretariat, means —

(a)	the Secretary-General;
(b)	any Deputy Secretary-General of the Commonwealth; or
(c)	any Director of the Commonwealth Secretariat;

“member of the staff”, in relation to the Commonwealth Secretariat, means any officer (not being a high officer) or employee of the Commonwealth Secretariat, and includes the president or any member of the Commonwealth Secretariat Arbitral Tribunal;

“Secretary-General” means the Secretary-General of the Commonwealth.

Status of the Commonwealth

3. The Commonwealth is an organisation of which the Government and the governments of foreign sovereign Powers are members.

Immunities and privileges of high officers

4.—(1) Subject to paragraph 7, a high officer of the Commonwealth Secretariat (not being a citizen or permanent resident of Singapore) shall have —

(a)	immunity from suit and legal process (including immunity from personal arrest or detention and from seizure of his personal baggage) in respect of all words spoken or written and all acts done by him while present in Singapore on any Commonwealth mission; and
(b)	when present in Singapore on any Commonwealth mission, the like inviolability of residence as is accorded to an envoy.

(2) Subject to paragraph 7, a high officer of the Commonwealth Secretariat (being a citizen or permanent resident of Singapore) shall have immunity from suit and legal process (including immunity from personal arrest or detention and from seizure of his personal baggage) in respect of all words spoken or written and all acts done by him in the course of the performance of his official duties while present in Singapore on any Commonwealth mission.

Immunities and privileges of members of the staff

5. Subject to paragraph 7, every member of the staff of the Commonwealth Secretariat shall have immunity from suit and legal process (including immunity from personal arrest or detention and from seizure of his personal baggage) in respect of all words spoken or written and all acts done by him in the course of the performance of his official duties while present in Singapore on any Commonwealth mission.

Immunities and privileges of spouses and children of high officers

6.—(1) Subject to sub-paragraphs (2) and (3), Part IV of the Schedule to the Act shall not apply to extend any immunity or privilege conferred by this Order to any person.

(2) Subject to paragraph 7 and sub-paragraph (3), while a high officer of the Commonwealth Secretariat (not being a citizen or permanent resident of Singapore) is present in Singapore on any Commonwealth mission, his spouse or child (being a child under the age of 21 years) shall, if present in Singapore, have —

(a)	the like immunity from suit and legal process (including immunity from personal arrest or detention and from seizure of his personal baggage) as is accorded to the spouse or child (being a child under the age of 21 years) of an envoy; and
(b)	the like inviolability of residence as is accorded to the spouse or child (being a child under the age of 21 years) of an envoy.

(3) Sub-paragraph (2) shall not apply to any spouse or child who is a citizen or permanent resident of Singapore.

Waiver of immunity or privilege

7. Any immunity or privilege conferred on a person under paragraph 4, 5 or 6 shall not apply to that person if, in any particular case, it is waived —

(a)	in the case of a high officer (not being the Secretary-General) or member of the staff of the Commonwealth Secretariat, or the spouse or child of a high officer of the Commonwealth Secretariat (not being the spouse or child of the Secretary-General), by the Secretary-General or the Commonwealth Secretariat; or
(b)	in the case of the Secretary-General or his spouse or child, by the Commonwealth Heads of Government, the Board of Governors of the Commonwealth or the Commonwealth Secretariat.

Made this 6th day of May 2008.

By Command,
LAU WAH MING

Secretary to the Cabinet,
Singapore.

[LAW 15/003/000 V4; AG/LEG/SL/145/2001/1 Vol. 6]

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