1970-HKRS29-8-37_Part01 — Page 48

Authenticated Laws 確真本香港法例 All

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ARTICLE 13.

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

1. If the head of a consular post is unable to carry out his func- tions 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 neling 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 Stute 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 concerned. 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 posl.

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 per- formance 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 interna. tional law or by international agreements; however, in respect of the per- formance by bim of any consular function, he shall not be eatilled to any greater immunity from jurisdiction than that to which a consular officer is entitled under the present Convention.

CHAPTER IL-Facilities, PRIVILEGES AND Ímmunities RELATING TO CON- Solar Posts, Carber Consular Officers and othra MEM- BERS OP & Consular Post.

SECTION 1--FACILITIES, PRIVILEGES AND Immunties RELATING TO A CON-

SULAR POST.

ARTICLE 31.

Inviolability of the consular promises.

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 ex- propriation is necessary for such purposes, all possible steps shall be taken to avoid impeding the performance of consular functions, and prompt. adequale and effective compensation shall be paid to the sending State.

ARTICLE 32.

Exemption from taxation of consular premises,

J. Consular promises and the residence of the career bead of con- sular 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 auch 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.

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ARTICLE 39.

Freedom of communication.

The receiving State shall permit and protect freedom of com munication on the part of the consular post for all official purposes. In communicating with the Government, the diplomadic missions and other consular posts, wherever situated, of the sending State, the consular post

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