CONSULAR RELATIONS (VIENNA CONVENTION) ACT 1999

Consular Relations (Vienna Convention) LAWS OF MALAYSIA REPRINT Act 595 CONSULAR RELATIONS (VIENNA CONVENTION) ACT 1999 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 1 2 CONSULAR RELATIONS (VIENNA CONVENTION) ACT 1999 Date of Royal Assent ... ... ... ... … 27 August 1999 Date of publication in the Gazette … … 9 September 1999 PREVIOUS REPRINT First Reprint ... ... ... ... ... 2001 3 LAWS OF MALAYSIA Act 595 CONSULAR RELATIONS (VIENNA CONVENTION) ACT 1999 ARRANGEMENT OF SECTIONS Section 1. Short title, commencement and application 2. Application of Vienna Convention 3. Interpretation 4. Application of Act 5. Remission of taxes, charges, duties and fees 6. Restriction of privileges and immunities 7. Evidence 8. Saving for certain bilateral arrangements 9. Authority to hold land in Malaysia 10. Powers of consular officers in relation to property of deceased persons 11. Amendment and saving SCHEDULE 4 Laws of Malaysia ACT 595 Consular Relations (Vienna Convention) 5 LAWS OF MALAYSIA Act 595 CONSULAR RELATIONS (VIENNA CONVENTION) ACT 1999 An Act to amend the law on consular relations by giving effect to the Vienna Convention on Consular Relations (signed in 1963) and for other matters connected therewith. [1 November 1991] WHEREAS Article 77 of the Vienna Convention on Consular Relations signed in 1963 provides: “(1) The present Convention shall enter into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations. (2) For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.”: AND WHEREAS the said twenty-second instrument of accession was so deposited by Madagascar on 17 February 1967 and the Convention therefore entered into force on 19 March 1967: AND WHEREAS Malaysia deposited her instrument of accession on 1 October 1991 and therefore in accordance with the said Article 77 the Convention entered into force as far as Malaysia is concerned on 1 November 1991: NOW, THEREFORE, IT IS ENACTED by the Parliament of Malaysia as follows: Short title, commencement and application 1. (1) This Act may be cited as the Consular Relations (Vienna Convention) Act 1999. Laws of Malaysia 6 ACT 595 (2) This Act shall be deemed to have come into operation on 1 November 1991. (3) This Act shall apply throughout Malaysia. Application of Vienna Convention 2. (1) Subject to section 4, the Articles set out in the Schedule (being Articles of the Vienna Convention on Consular Relations signed in 1963) shall have the force of law in Malaysia and for that purpose be construed in accordance with the following provisions of this section. (2) In those Articles— “authorities of the receiving State” shall be construed as including any police officer and any person exercising a power of entry to any premises under any written law in force in Malaysia; “national of the receiving State” shall be construed as meaning a citizen. (3) For the purposes of Article 45, a waiver by the head of a consular post of any State or any person for the time being performing his functions shall be deemed to be a waiver by that State. (4) Articles 32, 39, 46, 47, 48, 49, 50, 52, 54, 58, 60, 62, 65, 66 and 67 shall be construed as granting any privilege or immunity which they require to be granted. (5) The reference in Article 71 to the extent to which any privileges and immunities are admitted by the receiving State and to the additional privileges and immunities that may be granted by the receiving State shall be construed as referring respectively to the extent to which any privileges and immunities may be specified by the Yang di-Pertuan Agong by order published in the Gazette and to any additional privileges and immunities that may be so specified. Interpretation 3. In this Act, unless the context otherwise requires— “Minister” means the Minister charged with the responsibility for foreign affairs; “the 1963 Convention” means the Vienna Convention on Consular Relations 1963. Consular Relations (Vienna Convention) 7 Application of Act 4. This Act shall apply— (a) to any State which is a party to the 1963 Convention; (b) to such extent and with such modifications as the Yang di-Pertuan Agong may deem necessary, to any State, not being a State which is a party to the 1963 Convention, as he may by order published in the Gazette declare to be a State to which this Act shall apply, being a State with which a consular convention providing for matters for which provision is made in this Act has been concluded by or on behalf of Malaysia; and (c) to such extent and with such modifications as the Yang di-Pertuan Agong may deem necessary, to such body or political entity as he may by order published in the Gazette specify. Remission of taxes, charges, duties and fees 5. The Yang di-Pertuan Agong may provide that any tax, charge, duty or fee, imposed or collected under any written law in force in Malaysia or in any constituent State in Malaysia or any part thereof by the Government of Malaysia or of any such constituent State or by any Municipality, Town Board or other public authority in Malaysia, and payable by the Government of any State or by a consular officer or consular employee of that State shall be remitted, when, in the opinion of the Yang di-Pertuan Agong, such remission should be granted by reason of the treatment accorded to the Government of Malaysia or the consular staff thereof by that State. Restriction of privileges and immunities 6. (1) If it appears to the Yang di-Pertuan Agong that the privileges and immunities accorded to a consular post of Malaysia in the territory of any State, or to persons connected with that consular post, are less than those conferred by this Act on the consular post of that State or on persons connected with that consular post, the Yang di-Pertuan Agong may by order published in the Gazette withdraw such of the privileges and immunities so conferred from the consular post of that State or from such persons connected with it as appears to him to be proper. Laws of Malaysia 8 ACT 595 (2) An order under this section shall be disregarded for the purpose of subsection 1(2) of Part I and subsection 2(1) of Part II of the Second Schedule to the Constitution (relating to citizenship of children of certain persons possessing diplomatic immunity). Evidence 7. If in any proceedings any question arises whether or not any person is entitled to any privilege or immunity under this Act, a certificate issued by or under the authority of the Minister stating any fact relating to that question shall be conclusive evidence of that fact. Saving for certain bilateral arrangements 8. (1) Where any special agreement or arrangement between the Government of any State and the Government of Malaysia in force at the commencement of this Act provides for extending— (a) such immunity from jurisdiction and from arrest or detention, and such inviolability of residence, as are conferred by this Act on a consular employee; or (b) such exemption from customs duties, taxes and related charges as is conferred by this Act in respect of articles for the personal use of a consular employee, to any class of persons, or to articles for the personal use of any class of persons, connected with the consular post of that State, that immunity and inviolability or exemption shall so extend, so long as that agreement or arrangement continues in force. (2) The Minister shall publish in the Gazette a notice specifying the States with which and the classes of persons with respect to which such an agreement or arrangement as is mentioned in subsection (1) is in force and whether its effect is as mentioned in paragraph (1)(a) or (b), and shall whenever necessary amend the notice by a further such notice; and the notice shall be conclusive evidence of the agreement or arrangement and the classes of persons with respect to which it is in force. Consular Relations (Vienna Convention) 9 Authority to hold land in Malaysia 9. (1) Notwithstanding the provisions of any written law to the contrary it shall be lawful for land in any part of Malaysia or any interest in such land to be granted, alienated, leased or transferred to or owned or held by— (a) any State— (i) for the purposes of a consular office of that State or for the residence of a consular officer of that State; or (ii) for such other consular purposes as may be approved by the Minister; or (b) any State that is authorized or entitled to own or hold land or any interest in land in Malaysia under any treaty, convention or agreement to which Malaysia is a party, for any purpose specified in such treaty, convention or agreement. (2) Where by virtue of subsection (1), it is lawful for land or an interest in land to be granted, alienated, leased or transferred to or owned or held by any State, such land or interest may be granted, alienated, leased or transferred to or owned or held by that State in its own name or on its behalf to or by any person nominated for the purposes of this subsection either generally or in a particular case by writing addressed to the Minister by or on behalf of that State and that State or person, as the case may be, shall be registered accordingly as proprietor, lessee or otherwise, as the case may require, in any register kept under the provisions of the National Land Code [Act 56 of 1965], the Land Ordinance of Sabah [Sabah Cap. 68] or the Land Code of Sarawak [Sarawak Cap. 81], as the case may be. (3) For the purposes of subsection (2), a State may nominate a body corporate incorporated by or under the laws of Malaysia or of that State or an individual person nominated by name or by the title of any office held by him in the government of that State and where any person is nominated by the title of an office any right, power or obligation to which by virtue of his nomination he may be entitled or liable at the date of his vacating his office shall be deemed to pass to or be imposed on his successors for the time being in such office in all respects as if the holder of such office had been a corporation sole. 10 Laws of Malaysia ACT 595 (4) A nomination made under subsection (2) may at any time be cancelled and a fresh nomination made in the manner provided by that subsection and in that event any right, power or obligation to which by virtue of his nomination the person formerly nominated was at the date of the cancellation of his nomination entitled or liable shall be transferred to the person last nominated in such manner as may be provided by rules made under subsection (6). (5) For the purpose of any dealing in any land or interest in any land vested in the name of a State, any person authorized for the purposes of this subsection either generally or in any particular case by writing addressed to the Minister by or on behalf of that State may, by virtue of such authorization execute all or any instruments and do any other act or thing for giving effect to any dealing with such land on behalf of that State in the same manner and to the like extent as if such person had been authorized thereto by a valid power of attorney duly delivered under the provisions of the National Land Code, the Land Ordinance of Sabah or the Land Code of Sarawak, as the case may be. (6) The Yang di-Pertuan Agong may make rules for the purpose of carrying this section into effect. Powers of consular officers in relation to property of deceased persons 10. (1) Where any national of a State to which this Act applies is n