1970-HKRS29-8-37_Part01 — Page 53

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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 I of Artick 49 in that Schedule may be extended lo members of the service staff,

3. Paragraph 3 of Article 50 in that Schedule may be applied as if it were among the Articles mentioned in paragraph 1 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.

吨 Paragraphs 1 and 2 of the Third Schedule (inviolability and immunity from jurisdiction and arrest of diplomatic agents and exemplion from duty to give evidence) may be extended to members of a consular post and members of their familica 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.

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

THIRD SCHEDULE.

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

[13]

1. The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or deleation. The receiving State sball 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 ita 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 vending State for the purposes of the mission;

(6) an action relating to succession in which the diplomalic agent is involved as executor, administrator, heir or legated 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 Stale outside bis official functiona

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(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 (c), (8) and (e) of paragraph 1 of this Article, and provided that the measures concerned can be taken without infringing the inviolability of his person or of hip residence.

(4) The immunity of a diploomalic agent from the jurisdiction of the receiving State does not exempi bùm 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 therson 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 communica- tion on the part of the mission for all official purposes. In communicating with the Government and other missions and consulates of the sending Stale, 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 docu- ments 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 per- formance of bis 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 paragrapli (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 consignes 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 counter. The mission may send one of its members to take possession of the diplomatic bag directly and freely from the captain of the aircraft,