TNAG-2778-FCO40-3995-Future-of-Hong-Kong-Basic-Law-1993 — Page 26

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

284 LAWS OF PEOPLE'S REPUBLIC OF CHINA, 1983-86

Article 8 The mission may for official purposes communicate freely with the Government and the other missions and consulates of the sending State. In so doing, it may employ all appropriate means, including diplo matic couriers, diplomatic bag, and messages in code or cipher.

Article 9 The mission may install and use a wireless transmitter- receiver for the purpose of communication only with the consent of the Chinese Government. The import of the above-mentioned equipment shall be subject to the relevant procedure as specified by the Chinese Govern-

ment.

Article 10 The official correspondence of the mission shall be invio- lable.

The diplomatic bag shall not be opened or detained.

The diplomatic bag may contain only diplomatic papers or articles intended for official use and must be sealed and bear visible external marks of its contents.

Article 11 The diplomatic courier shall be provided with a courier certificate issued by the competent authorities of the sending State. He shall enjoy personal inviolability and shall not be liable to arrest or detention.

Diplomatic couriers ad hoc shall be provided with certificates of courier ad hoc issued by the competent authorities of the sending State, and shall enjoy the same immunities as the diplomatic courier while charged with the carrying of the diplomatic bag.

A diplomatic bag may be entrusted to the captain of a commercial aircraft. He shall be provided with an official document issued by the consigner state indicating the number of packages constituting the bag, but he shall not be regarded as a diplomatic courier. The mission shall send its members to receive the diplomatic bag from the captain of the aircraft or deliver it to him.

Article 12 The person of a diplomatic agent shall be inviolable. He shall not be liable to arrest or detention. The Chinese authorities concerned shall take appropriate measures to prevent any attack on his personal freedom and dignity.

Article 13 The residence of a diplomatic agent shall enjoy inviolabil- ity and protection.

His papers, correspondence and, except as provided in Article 14, his property, shall be inviolable.

Article 14 A diplomatic agent shall enjoy immunity from criminal jurisdiction.

He shall also enjoy immunity from civil and administrative jurisdic- tion, except in the case of:

(1) an action relating to succession in which he is involved as a private person;

(2) an action relating to any professional or commercial 'activity con-

REGULATIONS ON DIPLOMATIC PRIVILEGES AND IMMUNITIES

285

ducted by him in China outside his official functions in violation of paragraph 3 of Article 25.

No measures of execution shall be taken in respect of a diplomatic agent except in cases coming under the preceding paragraphs of this Article, where the measures of execution do not constitute any violations of his person and residence.

A diplomatic agent is not obliged to give evidence as a witness. Article 15 The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under Article 20 may be waived through explicit expression by the Government of the sending State.

The initiation of proceedings by a diplomatic agent or by a person enjoying immunity from jurisdiction under Article 20 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the claim.

Waiver of immunity from civil or administrative jurisdiction shall not imply waiver of immunity in respect of the execution of the judgment, for which a separate and explicit waiver shall be necessary.

Article 16 A diplomatic agent shall be exempt from all dues and taxes, except:

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

(2) estate, succession or inheritance duties, except for the movable property in China of a deceased diplomatic agent;

(3) dues and taxes on private income having its source in China;

(4) charges levied for specific services rendered.

Article 17 Diplomatic agents shall be exempt from all personal and public services as well as military obligations.

Article 18 Imported articles for the official use of the mission and those for the personal use of a diplomatic agent shall, in accordance with the relevant regulations of the Chinese Government, be exempt from customs duties and all other related dues and taxes.

The personal baggage of a diplomatic agent shall be exempt from inspection, unless the competent Chinese authorities have serious grounds for presuming that it contains articles not covered by the exemptions specified in the previous paragraph, or articles the import or export of which is prohibited by Chinese laws and government regulations or controlled by the quarantine law and regulations. Such inspection shall be conducted in the presence of the diplomatic agent or of his authorized representative.

Article 19 The diplomatic missions and their members may bring and import firearms and bullets into China for their personal use, subject to the approval of the Chinese government and to its relevant regulations.

Article 20 The spouse and under-age children of a diplomatic agent forming part of his household shall, if they are not nationals of China, enjoy

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