Diplomatic and Consular Relations (78th Session of the INTERPOL General Assembly) Order 2009

No. S 453

Diplomatic and Consular Relations Act

(Chapter 82A)

Diplomatic and Consular Relations (78TH Session of the Interpol General Assembly) Order 2009

In exercise of the powers conferred by section 6(3) of the Diplomatic and Consular Relations Act, the Minister for Foreign Affairs hereby makes the following Order:

Citation and commencement

1. This Order may be cited as the Diplomatic and Consular Relations (78th Session of the INTERPOL General Assembly) Order 2009 and shall come into operation on 7th October 2009.

Definitions

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

“Adviser to INTERPOL” means an adviser appointed to advise the ICPO-INTERPOL;

“Executive Committee” means the Executive Committee of ICPO-INTERPOL;

“General Assembly” means the 78th ICPO-INTERPOL General Assembly to be held in Singapore between 11th October 2009 and 15th October 2009 (both dates inclusive);

“General Secretariat” means the General Secretariat of the ICPO-INTERPOL;

“ICPO-INTERPOL” means The International Criminal Police Organization – INTERPOL;

“Secretary-General” means the Secretary-General of the ICPO-INTERPOL;

“Sessions” means the sessions of the Meeting of the Executive Committee of ICPO-INTERPOL and 78th ICPO-INTERPOL General Assembly to be held in Singapore between 9th October 2009 and 15th October 2009 (both dates inclusive).

Additional immunities and privileges of ICPO-INTERPOL

3. During the period between 7th October 2009 and 16th October 2009 (both dates inclusive), the ICPO-INTERPOL shall enjoy and have, in addition to its immunities and privileges under the International Organisations (Immunities and Privileges) (78th Session of the INTERPOL General Assembly) Order 2009 (G.N. No. S 454/2009), the following immunities and privileges:

(a)	inviolability of all documents belonging to the ICPO-INTERPOL or held by it in whatever form, including its accounts, wherever they are located;
(b)	inviolability and freedom from censorship of the official correspondence of the ICPO-INTERPOL; and
(c)	the right to use codes.

Additional immunities and privileges of Secretary-General and Executive Committee and immunities and privileges of their family members

4.—(1) The Secretary-General and every member of the Executive Committee shall, during the Sessions and when travelling to and from the location where the Sessions are being held, enjoy and have, in addition to his immunities and privileges under the International Organisations (Immunities and Privileges) (78th Session of the INTERPOL General Assembly) Order 2009 (G.N. No. S 454/2009) —

(a)	immunity from seizure of personal baggage, except if caught in the act of committing an offence; and
(b)	inviolability of all his official papers and documents.

(2) During the period between 7th October 2009 and 16th October 2009 (both dates inclusive), the Secretary-General and every member of the Executive Committee shall enjoy and have, except where otherwise provided in sub-paragraph (1) or the International Organisations (Immunities and Privileges) (78th Session of the INTERPOL General Assembly) Order 2009, the like immunities and privileges as are accorded under articles 29 to 33, 35, 36(2) and 39 of the Vienna Convention on Diplomatic Relations to an envoy of a foreign sovereign Power accredited to the Republic of Singapore.

(3) The spouse of the Secretary-General, and his children below the age of 21 years, accompanying the Secretary-General shall, during the Sessions and when travelling to and from the location where the Sessions are being held, enjoy and have, in addition to their immunities and privileges under the International Organisations (Immunities and Privileges) (78th Session of the INTERPOL General Assembly) Order 2009 —

(a)	immunity from seizure of personal baggage, except if caught in the act of committing an offence; and
(b)	inviolability of all official papers and documents.

(4) The spouse of each member of the Executive Committee, and their respective children below the age of 21 years, accompanying the member of the Executive Committee shall enjoy and have the following immunities and privileges during the Sessions and when travelling to and from the location where the Sessions are being held:

(a)	immunity from arrest, detention and seizure of personal baggage, except if caught in the act of committing an offence;
(b)	immunity from legal process for official acts performed in the exercise of his official functions (which immunity shall continue to apply after the Sessions), provided that such immunity shall not apply in the case of an offence against the written law relating to motor vehicle traffic committed by such a person, or of damage caused by a motor vehicle belonging to or driven by such a person; and
(c)	inviolability of all official papers and documents.

(5) During the period between 7th October 2009 and 16th October 2009 (both dates inclusive) —

(a)	the spouse of the Secretary-General, and his children below the age of 21 years, accompanying him; and
(b)	the spouse of each member of the Executive Committee, and his children below the age of 21 years, accompanying the member,

shall each enjoy and have, except where otherwise provided in sub-paragraph (3) or (4) or the International Organisations (Immunities and Privileges) (78th Session of the INTERPOL General Assembly) Order 2009 (G.N. No. S 454/2009), the like immunities and privileges as are accorded under articles 29 to 33, 35, 36(2) and 39 of the Vienna Convention on Diplomatic Relations to the spouse and children of an envoy of a foreign sovereign Power accredited to the Republic of Singapore.

Additional immunities and privileges of representatives of governments and immunities and privileges of their family members

5.—(1) Any person attending the General Assembly as a representative of the government of any member state of ICPO-INTERPOL and whose name is included in the list of participants provided by ICPO-INTERPOL to the Government not later than 4th October 2009 shall, during the Sessions and when travelling to and from the location where the Sessions are being held, enjoy and have, in addition to his immunities and privileges under the International Organisations (Immunities and Privileges) (78th Session of the INTERPOL General Assembly) Order 2009 —

(a)	immunity from seizure of personal baggage, except if caught in the act of committing an offence; and
(b)	inviolability of all his official papers and documents.

(2) The spouse of each representative referred to in sub-paragraph (1) and his children below the age of 21 years accompanying such representative shall enjoy and have the following immunities and privileges during the Sessions and when travelling to and from the location where the Sessions are being held:

(a)	immunity from arrest, detention and seizure of personal baggage, except if caught in the act of committing an offence;
(b)	immunity from legal process for official acts performed in the exercise of his official functions (which immunity shall continue to apply after the Sessions), provided that such immunity shall not apply in the case of an offence against the written law relating to motor vehicle traffic committed by such a person, or of damage caused by a motor vehicle belonging to or driven by such a person; and
(c)	inviolability of all official papers and documents.

Immunities and privileges of members of General Secretariat, Advisers and invited observers and experts

6. Every member of the General Secretariat personnel (except the Secretary-General) assigned to assist the Executive Committee and General Assembly, every Adviser to INTERPOL, and every observer or expert invited to attend the Sessions shall enjoy the following immunities and privileges during the Sessions and when travelling to and from the location where the Sessions are being held:

(a)	immunity from arrest, detention and seizure of personal baggage, except if caught in the act of committing an offence;
(b)	immunity from legal process for official acts performed in the exercise of his official functions (which immunity shall continue to apply after the Sessions), provided that such immunity shall not apply in the case of an offence against the written law relating to motor vehicle traffic committed by such a person, or of damage caused by a motor vehicle belonging to or driven by such a person; and
(c)	inviolability of all official papers and documents.

Waiver of immunity or privilege

7. Any immunity or privilege conferred on a person under paragraph 3, 4, 5 or 6 shall not apply to that person if, in any particular case, it is waived —

(a)	in the case of the Secretary-General, by the Executive Committee; and
(b)	in the case of any other person, by the ICPO-INTERPOL or the competent authorities in the relevant member state of ICPO-INTERPOL, as the case may be.

Non-application of immunities and privileges

8.—(1) Notwithstanding anything in this Order, no immunity or privilege referred to in paragraph 4, 5 or 6 shall be enjoyed by any person who is a citizen or permanent resident of Singapore.

(2) Notwithstanding anything in this Order, the Government may, in consultation with ICPO-INTERPOL where circumstances permit, take any lawful measures necessary for reasons of security, public safety and health.

Made this 28th day of September 2009.

PETER HO

Permanent Secretary,
Ministry of Foreign Affairs,
Singapore.

[MFA C146/16/02SJ3; AG/LEG/SL/82A/2005/1 Vol. 1]

(To be presented to Parliament under section 6(4) of the Diplomatic and Consular Relations Act).

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