(12 of 105I).
(3) If the official premises are also used for other purposes, the pooln or rooms in which the official business of the office is conducted and the archives or official papers relating to such business are kept shall be separate from those used for such other purposes.
(4) Notwithstanding the provisions of subsection (5) of section 5 of this Ordinance, subsection (1) of section 5 of the Consular Conventions Ordinance, 1961 (which restricts power of entry to consular offices) shall apply to the official premises or to the room or rooms reserved for official business and the custody of archives and official papers in like manner as though auch official premises or such room or rooms were consular offices of a state to which subsection (1) of section 5 of the Consular Conventions Ordinance, 1951, applies and the officer or any member of his official staff for the time being in charge on his behalf were a consular officer.
(5) Neither official premises nor the flag of any country to which this Ordinance applies shall be used to afford asylum to fugitives from justice. If an officer or any member of his official staff for the time being in charge on his bahalf shall refuse to surrender a fugitive from justice on the lawful demand of the authorities of the Colony such authorities may, subject to the provisions of sub-parágraph (4) of this paragraph. enter the official premises and apprehend the fugitive.
(6) Neither an officer nor any member of bin official staff may take advantage of the privileges accorded to the official premises by this Part of this Schedule für any purpose not connected with the exercise of the functions of the office.
3. Privileges and immunities relating to official premises and private residence and means of transport:
(1) Official premises including the furniture and equipment therein held or occupied exclusively for the purposes specified in sub-paragraph (1) of paragraph 1 of this Part of this Schedule, as well as the vehicles. marine vessels and aircraft used by an officer for the purposes of his office shall not be subject to military requisitions or billeting but shall not be immane from expropriation or seizure for purposes of defence of the Colony or public utility in accordance with the laws of the Colony, but, if such expropriation of seizure be necessary, every consideration shall be shown to avoid interference with the performance of the functions of the office.
(2) Provided an officer be not engaged in private occupation for gain in the Colony, his private residence, furniture and other household articles and all vehicles, marine vessels and aircraft held or possessed by him shall enjoy exemption from all military requisitions, but such private residence shall not be immune from expropriation or seizure for the purposes specified in sub-paragraph (1) of this paragraph.
(3) Due compensation for expropriation or seizure payable at the official selling rate of exchange most favourable to the country in respect of which office is held at the time when the property was expropriated or seized and in a form readily convertible into the currency of and transfer- able to such country shall be paid not later than three months from the date of dispossession in respect of any property specified in sub-paragrapha (1) and (2) of this paragraph expropriated or seized.
4. Inviolability of archives, official papers and communication: (1) The archives and all other official documents and papers kept in official premises and relating to the functions of an office shall at sh times be inviolable and the authorities of the Colony may not under any pretext examine or detain any of them. Such archives and official papers shall be kept separate from papers, books or correspondence of an officer or any member of his staff relating to other matters.
7
(2) An officer shall have the right to communicate with his Government and with any missions of his Government by post, telephone, telegraph and wireless and to send and receive official correspondence by sealed pouches. bags and other containers and to use secret languaEST
Provided that if the United Kingdom and Colonies are at war any such right or rights may be restricted.
(3) The official correspondence referred to in sub-paragraph (2) of Lhis paragraph shall be inviolable and the authorities of the Colony shall not examine or detain it, and sealed pouches, bags and other containers shall in ke manner be inviolable when they contain nothing but official communications and documents and are so certified by a responsible official of such officer', Government.
(4) An officer is entitled to refuse a request from the courts or authorities of the Colony to produce any document from the archives or from other official papers relating to the functions of his office or to give evidence relating to matters within the scope of his official duties:
Provided that if in the judgment of such officer it is possible to do so in the interests of justice without prejudicing the interests of the country in respect of which office is held, mich request shall be complied with, An officer shall be entitled to decline to give evidence as an expert witness with regard to the laws of the country in respect of which he holds office.
Personel immunities and exemptions from service and registration: (1) An officer is exempt from military, naval, air, police, administrative or jury service of every kind and from liability to deportation while holding office.
5.
(2) An officer shall enjoy immunity from legal proceedings in respecl of acts performed in his official capacity being acts which in the opinion of the Governor fall within the scope of the performance of duties sub- stantially corresponding to those which in the case of a foreign sovereign power would be performed by a consular officer, unless such officer's Government requests or assents to such proceedings.
(3) Notwithstanding anything contained in sub-paragraph (2) of this paragraph an officer may be held liable in a civil aclion arising out of a contract concluded by him in which he did not expressly contract as agent for his Government and in which the other party looked to him personally for performance, and nothing contained in sub-paragraph (4) of paragraph 4 of this Part of this Schedule shall entitle such officer to refuse to produce any document or to give evidence relating to such contract.
(4) An officer may be required to give testimony in elther civil or criminal cases except as provided in sub-paragraph (4) of paragraph 4 of this Part of this Schedule, but the authorities or court requiring auch testimony shall, as far as reasonably possible, avoid interference with the performance of such officer's official dûties.
(5) The laws of the Colony for the time being relating to insurance of vehicles, marine vessels and aircraft shall apply to all vehicles, marine vessels and aircraft specified in sub-paragraphs (1) and (2) of paragraph 3 of this Part of this Schedule.
6. Financial privileges:
The Governor, in such manner as he shall think fit, may direct that any tax, duty or fee payable or paid under the law of the Colony by an officer may be remitted or, where necessary, refunded, where it appears to the Governor that Her Majesty's Government in the United Kingdom accords corresponding treatment to the Government of the country in respect of which such officer holds office.