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LAWS OF PEOPLE'S REPUBLIC OF CHINA, 1983-86
the privileges and immunities specified in Articles 12 to 18.
The members of the administrative and technical staff of the mission, together with their spouses and under-age children forming part of their respective households, shall, if they are not nationals of and permanently resident in China, enjoy the privileges and immunities specified in Articles 12 to 17. However, the immunity from civil and administrative jurisdiction shall be confined to acts performed in the course of official duties. The members of the administrative and technical staff shall also enjoy the privilege of exemption from dues and taxes specified in paragraph one of Article 18 in respect of articles intended for their establishment which are imported within six months of the time of installation.
The members of the service staff of the mission who are not nationals of and permanently resident in China shall enjoy immunity in respect of acts performed in the course of official duties and exemption from income tax on the emoluments they receive by reason of their employment. They shall enjoy the privilege of exemption from dues and taxes as specified in paragraph one of Article 18 of the present Regulations in respect of articles intended for their establishment which are imported within six months of the time of installation.
The private attendants of members of the mission shall, if they are not nationals of and permanently resident in China, be exempt from income tax on the emoluments they receive by reason of their employment.
Article 21 Diplomatic agents who are nationals of China or foreigners having obtained permanent residence in China shall enjoy immunity from jurisdiction and inviolability only in respect of acts performed in the course of official duties.
Article 22 The following persons shall enjoy immunity and inviola- bility necessary for their transit through or sojourn in China:
(1) a diplomatic agent stationed in a third State who passes through China together with his spouse and underage children forming part of his household;
(2) a visiting foreign official who has obtained a diplomatic visa from China or who holds a diplomatic passport of a State with which China has an agreement on the mutual exemption of visas;
(3) other visiting foreigners to whom the Chinese Government has granted the privileges and immunities specified in the present Article.
The provisions of Articles 10 and 11 shall apply, mutatis mutandis, to
a diplomatic courier of a third state passing through China and his accom- panying diplomatic bag.
Article 23 Visiting heads of State or government, foreign ministers and other officials of comparable status from foreign States shall enjoy the privileges and immunities specified in the present Regulations.
Article 24 Representatives of foreign States coming to China to at-
REGULATIONS ON DIPLOMATIC PRIVILEGES AND IMMUNITIES
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tend international conferences sponsored by the United Nations or its specialized agencies, visiting officials and experts of the United Nations and its specialized agencies, and offices of the United Nations and its specialized agencies in China and their personnel shall enjoy such treatment as specified in the relevant international conventions to which China has acceded and agreements which China has concluded with the international organizations concerned.
Article 25 Persons enjoying diplomatic privileges and immunities under the present Regulations shall:
(1) respect Chinese laws and regulations;
(2) not interfere in the internal affairs of China;
(3) not practise for personal profit any professional or commercial activity on Chinese territory;
(4) not use the premises of the mission and the residence of the members of the staff of the mission for purposes incompatible with the functions of the mission.
Article 26 In case the diplomatic privileges and immunities accorded by a foreign State to the Chinese mission and its members in that State and to visiting Chinese personnel concerned are fewer than those China would give under the present Regulations to the mission of that State and its members in China and its visiting personnel concerned, the Chinese Gov. ernment may accord them such diplomatic privileges and immunities as appropriate on a reciprocal basis.
Article 27 Where there are other provisions in international treaties to which China is a contracting or acceding party, the provisions of those treaties shall prevail, with the exception of those provisions on which China has expressed reservations.
Where there are other provisions in agreements on diplomatic privileges and immunities between China and other countries, the provisions of those agreements shall prevail.
Article 28 For the purpose of the present Regulations, the following expressions shall have the meanings hereunder assigned to them:
(1) the "head of the mission" is the ambassador, minister, chargé d'affaires or other person of equivalent rank charged by the sending State with the duty of acting in that capacity;
(2) the "members of the mission" are the head of the mission and the members of the staff of the mission;
(3) the "members of the staff of the mission" are the members of the diplomatic staff, of the administrative and technical staff and of the service staff of the mission;
(4) the "members of the diplomatic staff of the mission" are the members of the staff of the mission having diplomatic rank;
(5) a “diplomatic agent" is the head of the mission or a member of the
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