1970-HKRS29-8-37_Part01 — Page 52

Authenticated Laws 確真本香港法例 All

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Chapter II[-REGIME RELATING TO HONORARY CONSULAR OFFICERS AND Consular POSTS HEADED BY SUCH Officers.

ARTICLE $8.

General provisions relating to facilities, privileges and immunities.

HAN

MILL

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. 10 addition, the facilities, privileges and immunities of such consular posts shall be governed by Articles

60, 61 and 62.

-~..................................................... 43, paragraph 3 of Article 44, Articles 45 and $3

shall apply to honorary consular officers. In addition, the facilities, privileges and immunities of such consular officere shall be governed by Articles

66 and 67.

7 Articles

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 booorary consular officer.

ARTICLE 50.

Exemption from taxation of consular premises.

I. 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 what- soever, other than such as represent payment for specific services rendered.

2. The exemption from taxation referred to in paragraph I 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 $1.

Inviolability of consular archiver 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 customi duties, taxes, and related charges other than charges for storage, carlage 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 pointed matter, office furniture, office equipment and similar articles supplied by or at the instance of the sending State to the consular post.

ARTICLE 66.

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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 bonorary 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 [V-GENERAL PROVISIONS.

ARTICLE 70.

Exercise of consular functions by diplomarie 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 notißed to the Ministry for Foreign Affairs of the receiving State or to the authority designated by that Ministry.

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4. The privileges and imununities 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 onjny only immunity from jurisdiction and personal inviolability in respect of official acts per- formed in the exercise of their functions, and the privilege provided in paragraph 3 of Article 44.

2. Other members of the congular 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 Gombers of the private staff who are themselves nationals of or per- manently 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 Stale.

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