CONSULAR RELATIONS ORDINANCE

CONSULAR RELATIONS ORDINANCE

LAWS OF HONG KONG

CONSULAR RELATIONS ORDINANCE

CHAPTER 259





CHAPTER 259.

CONSULAR RELATIONS ORDINANCE.

ARRANGEMENT OF SECTIONS.
section...................................... Page-

1....................Short title and commencement ... ... ... ... ... ... ... ... ... 2
2....................Application of Vienna Convention ... ... ... ... ... ... ... ... 2

3.........................Restriction of privileges and immunities ... ... ... ... ... ... ... 3

4..........................................Agreements providing for additional or reduced privileges and immunities 3

5....................................Civil jurisdiction concerning service on board ship or aircraft ... ... 4

6................................Jurisdiction over offences committed on board ship .. 1 ... ... 4

7.............................Detention on board ship for disciplinary offences ... ... ... ... ... 4

8.........................Ship and aircraft belonging to a State 1 ... ... ... ... ... 5

9................................Authorized refund of duties paid on hydrocarbon oils ... ... ... ... 5

10. Right of diplomatic agents and consular officers to administer oaths and do

notarial acts in certain cases .......... ... ... ... ... ... ... ... 5

11.........Evidence ........................... ... ... ... ... ... ... ... 6

12. Privileges and immunities of official representatives of Commonwealth

countries, etc . ........................ ... ... ... ... ... ... ... 6

13. Application of specified Articles in the Vienna Convention on Diplomatic

Relations 1961 ....................... ... ... ... ... ... ... ... 6

14................................Consequential amendment and repeal of Ordinances ... ... ... ... 7

First Schedule. Provisions of Vienna Convention having the force of law in Hong

Kong ............................. ... ... ... ... ... ... 7

Second Schedule. Provisions for giving effect to other agreements ... ... ... 18

Third Schedule. Applied Articles of the Vienna Convention on Diplomatic Relations

signed in 1961....................... ... ... ... ... ... ... 18





CHAPTER 259.

CONSULAR RELATIONS.

To give effect in Hong Kong to the Vienna Convention on Consular
Relations; to enable effect to be given in Hong Kong to other
agreements entered into by Her Majesty's Government in the
United Kingdom concerning consular relations and to make
further provision with respect to consular relations in Hong Kong
between the United Kingdom and other countries and matters
arising in connexion therewith; to restrict the jurisdiction of
courts in Hong Kong with respect to certain matters concerning or
arising on board certain ships or aircraft; to enable diplomatic
agents and consular officers in Hong Kong to administer oaths
and do notarial acts in certain cases: and for purposes connected
with those matters.

1. This Ordinance may be cited as the Consular Relations
Ordinance and shall come into operation on a day to be appointed by
the Governor by notice in the Gazette.

2. (1) Subject to section 3 and to subsection (2) of section 4, the
provisions set out in the First Schedule (being Articles or parts of
Articles of the Vienna Convention on Consular Relations signed in 1963)
shall have the force of law in Hong Kong and shall for that purpose be
construed in accordance with subsections (2) to (9) of this section.

(2) In those provisions--

-authorities of the receiving State' shall be construed as including any
police officer and any person exercising a power of entry to any
premises under any enactment;

'grave crime- shall be construed as meaning any offence punishable (on
a first conviction) with imprisonment for a term that may extend to
five years or with a more severe sentence;

'Ministry for Foreign Affairs' shall be construed as meaning the
Foreign and Commonwealth Office;

'national of the receiving State' shall be construed as meaning a citizen
of the United Kingdom and Colonies, a person who is ,
a British subject by virtue of section 2, 13 or 16 of the British
Nationality Act 1948 or the British Nationality Act 1965, or
a British protected person within the meaning of the said Act of 1948.

(3) The reference in paragraph 2 of Article 17 to any privileges and
immunities accorded by customary international law or by international
agreements shall be construed as a reference to any privileges and
immunities conferred in Hong Kong under the Diplomatic Privileges
Ordinance.





(4) The references in Article 44 to matters connected with the
exercise of the functions of members of a consular post shall be
construed as references to matters connected with the exercise of
consular functions by consular officers or consular employees.

(5) For the purposes of Article 45 and that Article as applied
by Article 58 a waiver shall be deemed to have been expressed by
a State if it has been expressed by the head, or any person for the
time being performing the functions of head, of the superintending
diplomatic mission of that State or of the consular post concerned.

(6) Articles 50, 51, 52, 54, 62 and 67 shall be construed as
granting any privilege or immunity which they require to be granted.

(7) The reference in Article 57 to the privileges and immunities
provided in Chapter II shall be construed as referring to those
provided in Section II of that Chapter.

(8) The reference in Article 70 to the rules ot international law
concerning diplomatic relations shall be construed as a reference to
the provisions of the Diplomatic Privileges Act 1964.

(9) The references in Article 71 to additional privileges and
immunities that may be granted by the receiving State or to privileges
and immunities so far as these are granted by the receiving State
shall be construed as referring to such privileges and immunities as
may be specified by the Governor by order.

3. If it appears to the Governor that the privileges and im-
munities accorded to a consular post of the United Kingdom in a
territory of any State, or to persons connected with such a consular
post, are less than those conferred by this Ordinance on a consular
post of that State or on persons connected with such a consular
post, the Governor may by order withdraw such of the privileges
and immunities so conferred from all or any of the consular posts
of that State in Hong Kong or from such persons connected there-
with as appears to the Governor to be proper.

4. (1) Where any agreement made, whether before or after
the commencement of this Ordinance, between the United Kingdom
and any other State provides for according to consular posts and
persons connected with them privileges and immunities not accorded
to them by the other provisions of' this Ordinance, the Governor
may by order exercise, with respect to the consular posts of that
State in Hong Kong and persons connected with them, the powers
specified in the Second Schedule so far as may be necessary to
give effect to that agreement.

(2) Where any agreement made, whether before or after the
commencement of this Ordinance, between the United Kingdom
and any other State provides for according to consular posts and
persons connected with them some but not all of the privileges and
immunities accorded to them by the other provisions of this Ordin-





ance the Governor may by order provide for excluding, with respect to
consular posts of that State in Hong Kong and persons connected with
them, any of those privileges and immunities which are not provided for
by the agreement.

5. The Governor may by order make provision for excluding or
limiting the jurisdiction of any court in Hong Kong to entertain
proceedings relating to the remuneration or any contract of service of
the master or commander or a member of the crew of any ship or aircraft
belonging to a State specified in the order, except where a consular
officer of that State has been notified of the intention to invoke the
jurisdiction of that court and has not objected within such time as may
be specified by or under the order.

6. (1) The Governor may by order make provision for securing that,
where an ofrence is alleged to have been committed on board any ship
by the master or a member of the crew and the ship belongs to a State
specified in the order, proceedings for the offence instituted otherwise
than at the request or with the consent of a consular officer of that State
are not entertained by any court in Hong Kong unless

(a)the offence is alleged to have been committed by or against a
person who is a eitizen of the United kingdom and Colonies
or is otherwise comprised in the definition
of 'national of the receiving State' in subsection (2) of section
2, or against a person other than the master or a member of the
crew; or

(b)the offence is one involving the tranquillity or safety of a port,
or the law relating to safety of life at sea, public health, oil
pollution, wireless telegraphy, immigration or customs or is of
any other description specified in the order; or

(c)the offence is one comprised in the definition of 'grave crime'
in subsection (2) of section 2.

(2) For the purposes of this section, an offence which affects the
property of any person shall be deemed to have been committed against
him.

(3) For the purposes of this section, any document purporting to be
signed by or on behalf of a consular officer and stating that he has
requested or consented to the institution of any proceedings shall be
sufficient proof of that fact unless the contrary is shown.

7. The Governor may by order designate any State for the purposes
of this section; and where a State is so designated, a member of the
crew of a ship belonging to that State who is detained in custody on
board for a disciplinary offence shall not be deemed to be unlawfully
detained unless





(a)his detention is unlawful under the laws of that State or the
conditions of detention are inhumane or unjustifiably severe;
or

(b)there is reasonable cause for believing that his life or liberty
will be endangered for reasons of race, nationality, political
opinion or religion, in any country to which the ship is likely to
go.

8. For the purposes of section 5, 6 or 7, a ship, and for the purposes
of section 5, an aircraft, shall be treated as belonging to a State in such
circumstances as may be specified by an order made under that section;
and different circumstances may be so specified with respect to different
States and difrerent classes of ship or aircraft.

9. (1) The Governor may authorize the Director of Commerce
and Industry to make such arrangements as the Governor thinks
fit for securing the refund of duties imposed on hydrocarbon oils under
the Dutiable Commodities Ordinance where such hydrocarbon oils are

(a) imported into Hong Kong; and

(b)used for such purpose that, had they been imported for that
use, exemption from customs duty would have been required
to be granted under

(i) Article 50 in the First Schedule to this Ordinance; or

(ii) an order made under subsection (1) of section 4 of this
Ordinance.

(2) Any arrangements made under this section may impose
conditions subject to which any refund shall be made.

(3) Any amount of money refunded under arrangements made
under this section shall be paid from the general revenue of the
Government of Hong Kong.

10. (1) A diplomatic agent or consular officer of any State may, if
authorized to do so under the laws of that State, administer oaths, take
affidavits and do notarial acts

(a)required by a person for use in that State or under the laws
thereof; or

(b)otherwise required by a national of that State but not for use in
Hong Kong except under the laws of some other country.

(2) The Governor may by order exclude or restrict the provisions of
subsection (1) in relation to the diplomatic agents or consular officers of
any State in Hong Kong if it appears to him that in any territory of that
State diplomatic agents or consular officers of the United Kingdom are
not permitted to perform funciton





tions corresponding in nature and extent to those authorized by
that subsection.

(3) In this section 'diplomatic agent- has the same meaning
as in the Diplomatic Privileges Act 1964.

11. Where any question arises whether or not any person is
entitled to any immunity or privilege under this Ordinance, a
certificate issued by the Colonial Secretary stating any fact relating
to that question shall be conclusive evidence of that fact.

12. (1) The Governor may by order direct that any person
in the service of a Commonwealth country or of the Republic of
Ireland or in the service of a State or Province of any such country
holding such office or class of office as are or may be specified in
the order, being such an office or class of office as appears to the
Governor to involve the performance of duties substantially cor-
responding to those which, in the case of a sovereign foreign Power,
would be performed in Hong Kong by a consular officer within
the meaning of this Ordinance shall have all such immunities and
privileges as are or may be conferred upon a consular officer under
the provisions of this Ordinance.

(2) Where the Governor has made an order under subsection
(1) in respect of any person-
(a)the members of the staff of such person shall have such
immunities and privileges as are conferred upon the staff
of a consular officer under the provisions of this Ordin-
ance; and
(b)the provisions of Articles 31 to 39 and 51 in the First
Schedule to this Ordinance shall apply mutatis mutandis
in relation to the premises, official archives, communica-
tions, documents and personal property of any such
person.

(3) Any order made by the Governor under subsection (1)
may exclude from any immunity or privilege conferred under it
any person who is permanently resident in Hong Kong or who is
a person within the definition of 'national of the receiving State'
in subsection (2) of section 2.

(4) Any order made by the Governor under subsection (1)
may apply to the persons specified in the order and to the premises,
residences and communications of such persons the provisions of
the Second Schedule.

13. For the purposes of paragraphs 4, 5 and 6 of the Second
Schedule, paragraphs 1, 2, 3, 4 and 5 of the Third Schedule (being
Articles 29, 31, 22, paragraph 1 of Article 30 and Article 27, respec-
tively, of the Vienna Convention on Diplomatic Relations signed
in 1961) shall have the force of law in Hong Kong.





14. (1) The Consular Conventions Ordinance is amended(a) by
repealing section 5; and

(b) by deleting 'or 5'from section 6.

(2) The following Ordinances are repealed(a)
Consular Privileges Ordinance;

(b) Trade Commissioners Privileges Ordinance; and

(c)Commonwealth Countries and Republic of Ireland (Immunities
and Privileges) Ordinance.

FIRST SCHEDULE. [ss. 2 12(2).]

PROVISIONS OF VIENNA CONVENTION HAVING THE
FORCE OF
LAW IN HONG KONG KONG.

ARTICLE 1.
Definitions.

1. For the purposes of the present Convention, the following expressions shall
have the meanings hereunder assigned to them:

(a)'consular post- means any consulate-general, consulate, vice-consulate or
consular agency;

(b)'consular district' means the area assigned to a consular post for the
exercise of consular functions;

(c)'head of consular post' means the person charged with the duty of acting
in that capacity;

(d)---consularofficer' means any person, including the head of a consular
post, entrusted in that capacity with the exercise of consular functions;

(e)'consular employee' means any person employed in the administrative or
technical service of a consular post;

(f)'member of the service staff' means any person employed in the domestic
service of a consular post;

(g)'members of the consular post' means consular officers, consular
employees and members of the service staff;

(h)'members of the consular staff' means consular officers, other than the
head of a consular post, consular employees and members of the service
staff;

(i)'member of the private staff' means a person who is employed
exclusively in the private service of a member of the consular post;

(j)'consular premises' means the buildings or parts of buildings and the land
ancillary thereto, irrespective of ownership, used exclusively for the
purposes of the consular post;

(k)'consular archives' includes all the papers, documents, correspondence,
books, films, tapes and registers of the consular post, together with the
ciphers and codes, the card-indices and any article of furniture intended for
their protection or safe-keeping.

2. Consular officers are of two categories, namely career consular officers and
honorary consular officers. The provisions of Chapter 11 of the present
Convention apply to consular posts headed by career consular officers; the






provisions of Chapter III govern consular posts headed by honorary consular
officers.





3. The particular status of members of the consular posts who are nationals or
permanent residents of the receiving State is governed by Article 71 of the present
Convention.

CHAPTER 1. CONSULAR RELATIONS IN GENERAL.

ARTICLE 5. 5.

Consular functions.

Consular functions consist in:

(a)protecting in the receiving State the interests of the sending State and of
its nationals, both individuals and bodies corporate, within the limits
permitted by international law;

(b)furthering the development of commercial, economic, cultural and
scientific relations between the sending State and the receiving State and
otherwise promoting friendly relations between them in accordance with
the provisions of the present Convention;

(e)ascertaining by all lawful means conditions and developments in the
commercial, economic, cultural and scientific life of the receiving State,
reporting thereon to the Government of the sending State and giving
information to persons interested;

(d)issuing passports and travel documents to nationals of the sending State,
and visas or appropriate documents to persons wishing to travel to the
sending State;

(e)helping and assisting nationals, both individuals and bodies corporate, of
the sending State;

(f)acting as notary and civil registrar and in capacities of a similar kind, and
performing certain functions of an administrative nature, provided that
there is nothing contrary thereto in the laws and regulations of the
receiving State;

(g)safeguarding the interests of nationals, both individuals and bodies
corporate, of the sending State in cases of succession mortis causa in the
territory of the receiving State, in accordance with the laws and
regulations of the receiving State;

(h)safeguarding, within the limits imposed by the laws and regulations of the
receiving State, the interests of minors and other persons lacking full
capacity who are nationals of the sending State, particularly where any
guardianship or trusteeship is required with respect to such persons;

(i)subject to the practices and procedures obtaining in the receiving State,
representing or arranging appropriate representation for nationals of the
sending State before the tribunals and other authorities of the receiving
State, for the purpose of obtaining, in accordance with the laws and
regulations of the receiving State, provisional measures for the
preservation of the rights and interests of these nationals, where, because
of absence or any other reason, such nationals are unable at the proper
time to assume the defence of their rights and interests;

transmitting judicial and extra-judicial documents or executing letters
rogatory or commissions to take evidence for the courts of the sending
State in accordance with international agreements in force or, in the
absence of such international agreements, in any other manner
compatible with the laws and regulations of the receiving State;

(k)exercising rights of supervision and inspection provided for in the laws
and regulations of the sending State in respect of vessels having the






nationality of the sending State, and of aircraft registered in that State,
and in respect of their crews;





(1)extending assistance to vessels and aircraft mentioned in sub-paragraph
(k) of this Article and to their crews, taking statements regarding the
voyage of a vessel, examining and stamping the ship's papers, and,
without prejudice to the powers of the authorities of the receiving State,
conducting investigations into any incidents which occurred during the
voyage, and settling disputes of any kind between the master, the officers
and the seamen in so far as this may be authorized by the laws and
regulations of the sending State;

(m)performing any other functions entrusted to a consular post by the
sending State which are not prohibited by the laws and regulations of the
receiving State or to which no objection is taken by the receiving State or
which are referred to in the international agreements in force between the
sending State and the receiving State.

ARTICLE 15.

Temporary exercise of the functions of the head of a consular post.

1 If the head of a consular post is unable to carry out his functions or the
position of head of consular post is vacant, an acting head of post may act
provisionally as head of the consular post.

2. The full name of the acting head of post shall be notified either by the
diplomatic mission of the sending State or, if that State has no such mission in the
receiving State, by the head of the consular post, or, if he is unable to do so, by any
competent authority of the sending State, to the Ministry for Foreign Affairs of
the receiving State or to the authority designated by that Ministry. As a general
rule, this notification shall be given in advance. The receiving State may make the
admission as acting head of post of a person who is neither a diplomatic agent nor
a consular officer of the sending State in the receiving State conditional on its
consent.

3. The competent authorities of the receiving State shall afford assistant and
protection to the acting head of post. While he is in charge of the post, the
provisions of the present Convention shall apply to him on the same basis as to
the head of the consular post concemed. The receiving State shall not, however, be
obliged to grant to an acting head of post any facility, privilege or immunity which
the head of the consular post enjoys only subject to conditions not fulfilled by the
acting head of post.

4. When, in the circumstances referred to in paragraph 1 of this Article, a
member of the diplomatic staff of the diplomatic mission of the sending State in
the receiving State is designated by the sending State as an acting head of post, he
shall, if the receiving State does not object thereto, continue to enjoy diplomatic
privileges and immunities.

ARTICLE 17.

Performance of diplomatic acts by consular officers.

1. In a State where the sending State has no diplomatic mission and is not
represented by a diplomatic mission of a third State, a consular officer may, with
the consent of the receiving State, and without affecting his consular status, be
authorized to perform diplomatic acts. The performance of such acts by a consular
officer shall not confer upon him any right to claim diplomatic privileges and
immunities.

2. A consular officer may, after notification addressed to the receiving State,
act as representative of the sending State to any inter-governmental





organization. When so acting, he shall be entitled to enjoy any privileges and
immunities accorded to such a representative by customary international law or by
international agreements; however, in respect of the performance by him of any
consular function, he shall not be entitled to any greater immunity from
jurisdiction than that to which a consular officer is entitled under the present
Convention.
CHAPTER 11. FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO
CONSULAR POSTS, CAREER CONSULAR OFFICERS AND
OTHER MEMBERS OF A CONSULAR POST.

SECTION 1. FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO A
CONSULAR

POST.

ARTICLE 31.

Inviolability of the consular premises.

1. Consular premises shall be inviolable to the extent provided in this Article.

2. The authorities of the receiving State shall not enter that part of the
consular premises which is used exclusively for the purpose of the work of the
consular post except with the consent of the head of the consular post or of his
designee or of the head of the diplomatic mission of the sending State. The consent
of the head of the consular post may, however, be assumed in case of fire or other
disaster requiring prompt protective action.

. . . . . . . . .

4. The consular premises, their furnishings, the property of the consular post
and its means of transport shall be immune from any form of requisition for
purposes of national defence or public utility. If expropriation is necessary for such
purposes, all possible steps shall be taken to avoid impeding the performance of
consular functions, and prompt, adequate and effective compensation shall be paid
to the sending State.

ARTICLE 32.

Exemption from taxation of consular premises.

1. Consular premises and the residence of the career head of consular post of
which the sending State or any person acting on its behalf is the owner or lessee
shall be exempt from. all national, regional or municipal dues and taxes
whatsoever, other than such as represent payment for specific services rendered.

2. The exemption from taxation referred to in paragraph 1 of this Article
shall not apply to such dues and taxes if, under the law of the receiving State, they
are payable by the person who contracted with the sending State or with the
person acting on its behalf.

ARTICLE 33.

Inviolability of the consular archives and documents.

The consular archives and documents shall be inviolable at all times and
wherever they may be.

ARTICLE 35.

Freedom of communication.

1. The receiving State shall permit and protect freedom of communication on
the part of the consular post for all official purposes. In communicating with the






Government, the diplomatic missions and other consular posts, wherever





situated, of the sending State, the consular post may employ all appropriate means,
including diplomatic or consular couriers, diplomatic or consular bags and messages
in code or cipher. However, the consular post may install and use a wireless
transmitter only with the consent of the receiving State.

2. The official correspondence of the consular post shall be inviolable. Official
correspondence means all correspondence relating to the consular post and its
functions.

3. The consular bag shall be neither opened nor detained. Nevertheless, if the
competent authorities of the receiving State have serious reason to believe that the
bag contains something other than the correspondence, documents or articles
referred to in paragraph 4 of this Article, they may request that the bag be opened
in their presence by an authorized representative of the sending State. If this
request is refused by the authorities of the sending State, the bag shall be returned to
its place of origin.

4. The packages constituting the consular bag shall bear visible external marks
of their character and may contain only official correspondence and documents or
articles intended exclusively for official use.

5. The consular courier shall be provided with an official document indicating
his status and the number of packages constituting the consular bag. Except with
the consent of the receiving State he shall be neither a national of the receiving
State, nor, unless he is a national of the sending State, a permanent resident of the
receiving State. In the performance of his functions he shall be protected by the
receiving State. He shall enjoy personal inviolability and shall not be liable to any
form of arrest or detention.

6. The sending State, its diplomatic missions and its consular posts may
designate consular couriers ad hoc. In such cases the provisions of paragraph 5 of
this Article shall also apply except that the immunities therein mentioned shall
cease to apply when such a courier has delivered to the consignee the consular bag
in his charge.

7. A consular bag may be entrusted to the captain of a ship or of a commercial
aircraft scheduled to lend at an authorized port of entry. He shall be provided with
an official document indicating the number of packages constituting the bag, but he
shall not be considered to be a consular courier. By arrangement with the
appropriate local authorities, the consular post may send one of its members to
take possession of the bag directly and freely from the captain of the ship or of the
aircraft.

ARTICLE 39.

Consular fees and charges.

1. The consular post may levy in the territory of the receiving State the fees
and charges provided by the laws and regulations of the sending State for consular
acts.

2. The sums collected in the form of the fees and charges referred to in
paragraph 1 of this Article, and the receipts for such fees and charges, shall be
exempt from all dues and taxes in the receiving State.
SECTION II. FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO
CAREER CONSULAR OFFICERS AND OTHER MEMBERS OF A
CONSULAR POST.

ARTICLE 41.

Personal inviolability of consular officers.

1 Consular officers shall not be liable to arrest or detention pending trial,
except in the case of a grave crime and pursuant to a decision by the competent






judicial authority.





2. Except in the case specified in paragraph 1 of this Article, consular officers
shall not be committed to prison or liable to any other form of restriction on their
personal freedom save in execution of a judicial decision of final effect.

ARTICLE 43.

Immunity from jurisdiction.

1. Consular officers and consular employees shall not be amenable to the
jurisdiction of the judicial or administrative authorities of the receiving State in
respect of acts performed in the exercise of consular functions.

2. The provisions of paragraph 1 of this Article shall not, however, apply in
respect of a civil action either:

(a)arising out of a contract concluded by a consular officer or a consular
employee in which he did not contract expressly or impliedly as an agent
of the sending State; or

(b)by a third party for damage arising from an accident in the receiving State
caused by a vehicle, vessel or aircraft.

ARTICLE 44.

Liability to give evidence.

1. Members of a consular post may be called upon to attend as witnesses in the
course of judicial or administrative proceedings. A consular employee or a member
of the service staff shall not, except in the cases mentioned in paragraph 3 of this
Article, decline to give evidence. If a consular officer should decline to do so, no
coercive measure or penalty may be applied to him.

2. The authority requiring the evidence of a consular officer shall avoid
interference with the performance of his functions. It may, when possible, take
such evidence at his residence or at the consular post or accept a statement from
him in writing.

3. Members of a consular post are under no obligation to give evidence
concerning matters connected with the exercise of their functions or to produce
official correspondence and documents relating thereto. They are also entitled to
decline to give evidence as expert witnesses with regard to the law of the sending
State.

ARTICLE 45.

Waiver of privileges and immunities.

1. The sending State may waive, with regard to a member of the consular post,
any of the privileges and immunities provided for in Articles 41, 43 and 44.

2. The waiver shall in all cases be express, except as provided in paragraph 3
of this Article, and shall be communicated to the receiving State in writing.

3. The initiation of proceedings by a consular officer or a consular employee
in a matter where he might enjoy immunity from jurisdiction under Article 43 shall
preclude him from invoking immunity from jurisdiction in respect of any counter-
claim directly connected with the principal claim.

4. The waiver of immunity from jurisdiction for the purposes of civil or
administrative proceedings shall not be deemed to imply the waiver of immunity
from, the measures of execution resulting from the judicial decision; m respect of
such measures, a separate waiver shall be necessary.





ARTICLE 48.

Social security exemption.

1. Subject to the provisions of paragraph 3 of this Article, members of the
consular post with respect to services rendered by them for the sending State, and
members of their families forming part of their households, shall be exempt from
social security provisions which may be in force in the receiving State.

2. The exemption provided for in paragraph 1 of this Article shall apply also
to members of the private staff who are in the sole employ of members of the
consular post, on condition:

(a)that they are not nationals of or permanently resident in the receiving
State; and

(b)that they are covered by the social security provisions which are in force
in the sending State or a third State.

3. Members of the consular post who employ persons to whom the exemption
provided for in paragraph 2 of this Article does not apply shall observe the
obligations which the social security provisions of the receiving State impose upon
employers.

4. The exemption provided for in paragraphs 1 and 2 of this Article shall not
preclude voluntary participation in the social security system of the receiving
State, provided that such participation is permitted by that State.

ARTICLE 49.

Exemption from taxation.

1. Consular officers and consular employees and members of their families
forming part of their households shall be exempt from all dues and taxes, personal
or real, national, regional or municipal, except:

(a)indirect taxes of a kind which are normally incorporated in the price of
goods or services;

(b)dues or taxes on private immovable property situated in the territory of
the receiving State, subject to the provisions of Article 32;

(c)estate, succession or inheritance duties, and duties on transfers, levied by
the receiving State, subject to the provisions of paragraph (b) of Article
51;

(d)dues and taxes on private income, including capital gains, having its
source in the receiving State and capital taxes relating to investments
made in commercial or financial undertakings in the receiving State;

(e) charges levied for specific services rendered;

(f)registration, court or record fees, mortgage dues and stamp duties, subject
to the provisions of Article 32.

2. Members of the service staff shall be exempt from dues and taxes on the
wages which they receive for their services.

3. Members of the consular post who employ persons whose wages or salaries
are not exempt from income tax in the receiving State shall observe the obligations
which the laws and regulations of that State impose upon employers concerning the
levying of income tax.

ARTICLE 50.







Exemption from customs duties and inspection.

1. The receiving State shall, in accordance with such laws and regulations as it
may adopt, permit entry of and grant exemption from all customs duties, taxes,
and related charges other than charges for storage. cartage and similar services, on:





(a) articles for the official use of the consular post;

(b)articles for the personal use of a consular officer or members of his family
forming part of his household, including articles intended for his
establishment. The articles intended for consumption shall not exceed the
quantities necessary for direct utilization by the persons concerned.

2. Consular employees shall enjoy the privileges and exemptions specified in
paragraph 1 of this Article in respect of articles imported at the time of first
installation.

3. Personal baggage accompanying consular officers and members of their
families forming part of their households shall be exempt from inspection. It may
be inspected only if there is serious reason to believe that it contains articles other
than those referred to in sub-paragraph (b) of paragraph 1 of this Article, or
articles the import or export of which is prohibited by the laws and regulations of
the receiving State or which are subject to its quarantine laws and regulations. Such
inspection shall be carried out in the presence of the consular officer or member of
his family concemed.

ARTICLE 51.

Estate of a member of the consular post or of a member of his family.

In the event of the death of a member of the consular post or of a member of
his family forming part of his household, the receiving State.

(a)shall permit the export of the movable property of the deceased, with the
exception of any such property acquired in the receiving State the export
of which was prohibited at the time of his death;

(b)shall not levy national, regional or municipal estate, succession or
inheritance duties, and duties on transfers, on movable property the
presence of which in the receiving State was due solely to the presence in
that State of the deceased as a member of the consular post or as a
member of the family of a member of the consular post.

ARTICLE 52.

Exemption from personal services and contributions.

The receiving State shall exempt members of the consular post and members
of their families forming part of their households from all personal services, from
all public service of any kind whatsoever, and from military obligations such as
those connected with requisitioning, military contributions and billeting.

ARTICLE 53.

Beginning and end of consular privileges and immunities.

1. Every member of the consular post shall enjoy the privileges and
immunities provided in the present Convention from the moment he enters the
territory of the receiving State on proceeding to take up his post or, if already in
its territory, from the moment when he enters on his duties with the consular post.

2. Members of the family of a member of the consular post forming part of
his household and members of his private staff shall receive the privileges and
immunities provided in the present Convention from the date from which he
enjoys privileges and immunities in accordance with paragraph 1 of this Article or
from the date of their entry into the territory of the receiving State or from
the date of their becoming a member of such family or private staff
whichever is the latest.





1 3. When the functions of a member of the consular post have come to
an end, his privileges and immunities and those of a member of his family forming
part of his household or a member of his private staff shall normally cease at the
moment when the person concerned leaves the receiving State or on the expiry of a
reasonable period in which to do so, whichever is the sooner, but shall subsist until
that time, even in case of armed conflict. In the case of the persons referred to in
paragraph 2 of this Article, their privileges and immunities shall come to an end
when they cease to belong to the household or to be in the service of a member of
the consular post provided, however, that if such persons intend leaving the
receiving State within a reasonable period thereafter, their privileges and immunities
shall subsist until the time of their departure.

4. However, with respect to acts performed by a consular officer or a consular
employee in the exercise of his functions, immunity from jurisdiction shall
continue to subsist without limitation of time.

5. In the event of the death of a member of the consular post, the
members of his family forming part of his household shall continue to enjoy the
privileges and immunities accorded to them until they leave the receiving State or
until the expiry of a reasonable period enabling them to do so, whichever is the
sooner.

ARTICLE 54.

Obligations of third States.

1. If a consular officer passes through or is in the territory of a third State,
which has granted him a visa if a visa was necessary, while proceeding to take up or
return to his post or when returning to the sending State, the third State shall
accord to him all immunities provided for by the other Articles of the present
Convention as may be required to ensure his transit or return. The same shall apply
in the case of any member of his family forming part of his household enjoying
such privileges and immunities who are accompanying the consular officer or
travelling separately to join him or to return to the sending State.

2. In circumstances similar to those specified in paragraph 1 of this Article,
third States shall not hinder the transit through their territory of other members of
the consular post or of members of their families forming part of their households.

3. Third States shall accord to official correspondence and to other official
communications in transit, including messages in code or cipher, the same freedom
and protection as the receiving State is bound to accord under the present
Convention. They shall accord to consular couriers who have been granted a visa, if
a visa was necessary, and to consular bags in transit, the same inviolability and
protection as the receiving State is bound to accord under the present Convention.

4. The obligations of third States under paragraphs 1, 2 and 3 of this Article
shall also apply to the persons mentioned respectively in those paragraphs, and to
official communications and to consular bags, whose presence in the territory of
the third State is due to force majeure.

ARTICLE 55.

Respect for the laws and regulations of the receiving State.

2. The consular premises shall not be used in any manner incompatible with
the exercise of consular functions.

3. The provisions of paragraph 2 of this Article shall not exclude the
possibility of offices of other institutions or agencies being installed in part of the
building in which the consular premises are situated, provided that the





premises assigned to them are separate from those used by the consular post. In
that event, the said offices shall not, for the purposes of the present Convention,
be considered to form part of the consular premises.

ARTICLE 57.

Special provisions concerning private gainful occupation.

2. Privileges and immunities provided in this Chapter shall not be accorded:

(a)to consular employees or to members of the service staff who carry on
any private gainful occupation in the receiving State;

(b)to members of the family of a person referred to in sub-paragraph (a) of
this paragraph or to members of his private staff;

(e)to members of the family of a member of a consular post who themselves
carry on any private gainful occupation in the receiving State.

CHAPTER III. REGIME RELATING TO HONORARY CONSULAR OFFICERS
AND
CONSULAR POSTS HEADED BY SUCH OFFICERS.

ARTICLE 58.

General provisions relating to facilities, privileges and immunities.

1. Articles ..........35 . ......and 39,

paragraph 3 of Article 54 and paragraphs 2 and 3 of Article 55 shall apply to
consular posts headed by an honorary consular officer. In addition, the facili-
ties, privileges and immunities of such consular posts shall be governed by

Articles ......60, 61 and 62.
2. Articles ..........43, paragraph 3 of Article 44,

Articles 45 and 53 ...........shall apply to honorary consular

officers. In addition, the facilities, privileges and immunities of such consular

officers shall be governed by Articles 66 and 67.

3. Privileges and immunities provided in the present Convention shall not be
accorded to members of the family of an honorary consular officer or of a consular
employee employed at a consular post headed by an honorary consular officer.

ARTICLE 60.

Exemption from taxation of consular premises.

1. Consular premises of a consular post headed by an honorary consular
officer of which the sending State is the owner or lessee shall be exempt from all
national, regional or municipal dues and taxes whatsoever, other than such as
represent payment for specific services rendered.

2. The exemption from taxation referred to in paragraph 1 of this Article
shall not apply to such dues and taxes if, under the laws and regulations of the
receiving State, they are payable by the person who contracted with the sending
State.

ARTICLE 61.

Inviolability of consular archives and documents.

The consular archives and documents of a consular post headed by an






honorary consular officer shall be inviolable at all times and wherever they may be,
provided that they are kept separate from other papers and documents and, in
particular, from the private correspondence of the head of a consular post and of
any person working with him, and from the materials, books and documents
relating to their profession or trade.





ARTICLE 62.

Exemption from customs duties.

The receiving State shall, in accordance with such laws and regulations as it
may adopt, permit entry of, and grant exemption from all customs duties, taxes,
and related charges other than charges for storage, cartage and similar services on
the following articles, provided that they are for the official use of a consular post
headed by an honorary consular officer: coats-of-arms, flags, signboards, seals and
stamps, books, official printed matter, office furniture, office equipment and similar
articles supplied by or at the instance of the sending State to the consular post.

ARTICLE 66.

Exemption from taxation.

An honorary consular officer shall be exempt from all dues and taxes on the
remuneration and emoluments which he receives from the sending State in respect
of the exercise of consular functions.

ARTICLE 67.

Exemption from personal services and contributions.

The receiving State shall exempt honorary consular officers from all personal
services and from all public services of any kind whatsoever and from military
obligations such as those connected with requisitioning, military contributions and
billeting.

CHAPTER IV. GENERAL PROVISIONS.

ARTICLE 70.

Exercise of consular functions by diplomatic missions.

1. The provisions of the present Convention apply also, so far as the context
permits, to the exercise of consular functions by a diplomatic mission.

2. The names of members of a diplomatic mission assigned to the consular
section or otherwise charged with the exercise of the consular functions of the
mission shall be notified to the Ministry for Foreign Affairs of the receiving State
or to the authority designated by that Ministry.

4. The privileges and immunities of the members of a diplomatic mission
referred to in paragraph 2 of this Article shall continue to be governed by the rules
of international law concerning diplomatic relations.

ARTICLE 71.

Nationals or permanent residents of the receiving State.

1. Except in so far as additional facilities privileges and immunities may be
granted by the receiving State, consular officers who are nationals of or
permanently resident in the receiving State shall enjoy only immunity from
jurisdiction and personal inviolability in respect of official acts performed in the
exercise of their functions, and the privilege provided in paragraph 3 of Article 44.

2. Other members of the consular post who are nationals of or permanently
resident in the receiving State and members of their families, as well as members of
the families of consular officers referred to in paragraph 1 of this Article, shall
enjoy facilities, privileges and immunities only in so far as these are granted





to them by the receiving State. Those members of the families of members of the
consular post and those members of the private staff who are themselves nationals
of or permanently resident in the receiving State shall likewise enjoy facilities,
privileges and immunities only in so far as these are granted to them by the
receiving State.

SECOND SCHEDULE. [ss. 4(1), 12(4) 13.]

PROVISIONS FOR GIVING EFFECT TO OTHER AGREEMENTS.

1. The like exemption from dues and taxes may be extended to the residence
of any member of a consular post as is accorded under Article 32 in the First
Schedule to the residence of the career head of a consular post.

2. Paragraph 1 of Article 49 in that Schedule may be extended to members of
the service staff.

3. Paragraph 2 of Article 50 in that Schedule may be applied as if it were
among the Articles mentioned in paragraph 2 of Article 58 in that Schedule, as if
the reference to consular employees included members of the service staff and also
such members of the families of consular employees or of members of the service
staff as form part of their households, and as if the words 'in respect of articles
imported at the time of first installation' were omitted.

4. Paragraphs 1 and 2 of the Third Schedule (inviolability and immunity from
jurisdiction and arrest of diplomatic agents and exemption from duty to give
evidence) may be extended to members of a consular post and members of their
families forming part of their households.

5. Paragraph 3 of the Third Schedule (inviolability and protection of mission)
may be extended to consular premises; and paragraph 4 of that Schedule
(inviolability of private residence) may be extended to the residences of consular
officers.

6. Paragraph 5 of the Third Schedule (freedom of communications) may be
extended to the communications of a consular post.

THIRD SCHEDULE. [s. 13.1

APPLIED ARTICLES OF THE VIENNA CONVENTION ON
DIPLOMA= RELATIONS SIGNED IN 1961.

1. The person of a diplomatic agent shall be inviolable. He shall not be liable
to any form of arrest or detention. The receiving State shall treat him with due
respect and shall take all appropriate steps to prevent any attack on his person,
freedom or dignity.

2. (1) A diplomatic agent shall enjoy immunity from the criminal jurisdiction
of the receiving State. He shall also enjoy immunity from its civil and
administrative jurisdiction, except in the case of

(a)a real action relating to private immovable property situated in the
territory of the receiving State, unless he holds it on behalf of the sending
State for the purposes of the mission;

(b)an action relating to succession in which the diplomatic agent is involved
as executor, administrator, heir or legatee as a private person and not on
behalf of the sending State;

(c)an action relating to any professional or commercial activity exercised by
the diplomatic agent in the receiving State outside his official functions.





(2) A diplomatic agent is not obliged to give evidence as a witness.
(3) No measures of execution may be taken in respect of a diplomatic
agent except in the cases coming under sub-paragraphs (a), (b) and (c) of para-
graph 1 of this Article, and provided that the measures concerned can be taken
without infringing the inviolability of his person or of his residence.
(4) The immunity of a diplomatic agent from the jurisdiction of the
receiving State does not exempt him from the jurisdiction of the sending State.

3. (1) The premises of the mission shall be inviolable. The agents of
the receiving State may not enter them, except with the consent of the head of
the mission.
(2) The receiving State is under a special duty to take all appropriate steps
to protect the premises of the mission against any intrusion or damage and to
prevent any disturbance of the peace of the mission or impairment of its dignity.
(3) The premises of the mission, their furnishings and other property
thereon and the means of transport of the mission shall be immune from search,
requisition, attachment or execution.

4. The private residence of a diplomatic agent shall enjoy the same
inviolability and protection as the premises of the mission.

5. (1) The receiving State shall permit and protect free communication
on the part of the mission for all official purposes. In communicating with the
Government and other missions and consulates of the sending State, wherever
situated, the mission may employ all appropriate means, including diplomatic
couriers and messages in code or cipher. However, the mission may install
and use a wireless transmitter only with the consent of the receiving State.
(2) The official correspondence of the mission shall be inviolable. Official
correspondence means all correspondence relating to the mission and its
functions.
(3) The diplomatic bag shall not be opened or detained.
(4) The packages constituting the diplomatic bag must bear visible external
marks of their character and may contain only diplomatic documents or articles
intended for official use.
(5) The diplomatic courier, who shall be provided with an official document
indicating his status and the number of packages constituting the diplomatic
bag, shall be protected by the receiving State in the performance of his functions.
He shall enjoy personal inviolability and shall not be liable to any form of arrest
or detention.
(6) The sending State or the mission may designate diplomatic couriers
ad hoc. In such cases the provisions of paragraph (5) of this Article shall also
apply, except that the immunities therein mentioned shall cease to apply when
such a courier has delivered to the consignee the diplomatic bag in his charge.
(7) A diplomatic bag may be entrusted to the captain of a commercial
aircraft scheduled to land at an authorized port of entry. He shall be provided
with an official document indicating the number of packages constituting the
bag but he shall not be considered to be a diplomatic courier. The mission
may send one of its members to take possession of the diplomatic bag directly
and freely from the captain of the aircraft.
Originally 17 of 1970. Short title and commencement. Application of Vienna Convention. 1968 c. 18, s. 1. First Schedule. (1948 c. 56.) (1965 c. 34.) (Cap. 190.) (1964 c. 81.) Restriction of privileges and immunities. 1968 c. 18, s. 2. Agreements providing for additional or reduced privileges and immunities. 1968 c. 18, s. 3. Second Schedule. Civil jurisdiction concerning service on board ship or aircraft. 1968 c. 18, s. 4. Jurisdiction over offences committed on board ship. 1968 c. 18, s. 5. Detention on board ship for disciplinary offences. 1968 c. 18, s. 6. Ship and aircraft belonging to a State. 1968 c. 18, s. 16(2). Authorized refund of duties paid on hydrocarbon oils 1968 c. 18, s. 8. (Cap. 109.) First Schedule. Right of diplomatic agents and consular officers to administer oaths and do notarial acts in certain cases. 1968 c. 18, s. 10. (1964 c. 81.) Evidence/ 1968 c. 18, s. 11. Privileges and immunities of official representatives of Commonwealth countries, etc. First Schedule. Second Schedule. Application of specified Articles in the Vienna Convention on Diplomatic Relations 1961. Second Schedule. Third Schedule. Consequential amendment and repeal of Ordinances. (Cap. 267.) (Cap. 189.) (Cap. 192.) (Cap. 296.)

Originally 17 of 1970. Short title and commencement. Application of Vienna Convention. 1968 c. 18, s. 1. First Schedule. (1948 c. 56.) (1965 c. 34.) (Cap. 190.) (1964 c. 81.) Restriction of privileges and immunities. 1968 c. 18, s. 2. Agreements providing for additional or reduced privileges and immunities. 1968 c. 18, s. 3. Second Schedule. Civil jurisdiction concerning service on board ship or aircraft. 1968 c. 18, s. 4. Jurisdiction over offences committed on board ship. 1968 c. 18, s. 5. Detention on board ship for disciplinary offences. 1968 c. 18, s. 6. Ship and aircraft belonging to a State. 1968 c. 18, s. 16(2). Authorized refund of duties paid on hydrocarbon oils 1968 c. 18, s. 8. (Cap. 109.) First Schedule. Right of diplomatic agents and consular officers to administer oaths and do notarial acts in certain cases. 1968 c. 18, s. 10. (1964 c. 81.) Evidence/ 1968 c. 18, s. 11. Privileges and immunities of official representatives of Commonwealth countries, etc. First Schedule. Second Schedule. Application of specified Articles in the Vienna Convention on Diplomatic Relations 1961. Second Schedule. Third Schedule. Consequential amendment and repeal of Ordinances. (Cap. 267.) (Cap. 189.) (Cap. 192.) (Cap. 296.)

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