REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA CONCERNING CONSULARPRIVILEGES AND IMMUNITIES
REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA CONCERNING CONSULARPRIVILEGES AND IMMUNITIES
This English document is coming from "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
Whole Document
REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA CONCERNING CONSULAR
PRIVILEGES AND IMMUNITIES
(Adopted at the 16th Meeting of the Standing Committee of the
Seventh National People's Congress on October 30, 1990, promulgated by
Order No. 35 of the President of the People's Republic of China on October
30, 1990 and effective as of the date of promulgation)
Article 1
The present Regulations are formulated for the purpose of defining the
consular privileges and immunities of the foreign consular posts in China
and their members and facilitating the efficient performance of the
functions of such foreign consular posts in their consular districts as
representatives of the sending States.
Article 2
Consular officers shall be of the nationality of the sending State. They
may, only with the consent of the competent Chinese authorities, be
appointed from among persons of Chinese or third-state nationality or
nationals of the sending State who are permanent residents of China. This
consent may be withdrawn at any time by the said Chinese authorities.
Article 3
The consular post and its head shall have the right to use the national
flag and emblem of the sending State on the premises of the consular post,
on the residence of the head of the consular post and on his means of
transport when used on official business.
Article 4
The premises of the consular post shall be inviolable. Chinese government
functionaries may enter them only with the consent of the head of the
consular post or the head of the diplomatic mission of the sending State
or another person authorized by either of them. The consent of the head
of the consular post may be assumed in case of fire or other disaster
requiring prompt protective action. The Chinese authorities concerned
shall take appropriate measures to protect the premises of the consular
post against any intrusion or damage.
Article 5
The premises of the consular post and the residence of its head shall be
exempt from dues and taxes other than such as represent payment for
specific services rendered. The fees and charges levied by the consular
post in the course of its official duties shall be exempt from all dues
and taxes.
Article 6
The archives and documents of the consular post shall be inviolable.
Article 7
The members of the consular post shall enjoy freedom of movement and
travel within Chinese territory except for areas the entry into which is
prohibited or restricted by the regulations of the Chinese Government.
Article 8
The consular post may for official purposes communicate freely with the
Government and the diplomatic mission and other consular posts of the
sending State. In so doing, it may employ all appropriate means, including
diplomatic couriers or consular couriers, diplomatic bag or consular bag,
and messages in code or cipher.
Article 9
The consular post may install and use a wireless transmitter-receiver only
with the consent of the Chinese Government. The import of the above-
mentioned equipment shall be subject to the relevant procedure prescribed
by the Chinese Government.
Article 10
The consular bag shall not be opened or detained.
The consular bag may contain only official correspondence and documents or
articles intended for official use and must be sealed and bear visible
external marks of its character. If the Chinese authorities concerned have
serious reason to believe that the bag contains something other than the
above-mentioned objects, they may request that the bag be opened in the
presence of personnel from the Chinese authorities concerned by the
consular officer or another person authorized by him. If this request is
refused by the consular officer, the bag shall be returned to its place of
origin.
Article 11
The consular courier must be of the nationality of the sending State and
shall not be a permanent resident of China. The consular courier must 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. Consular couriers ad hoc must 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 consular
courier while charged with the carrying of the consular bag. A consular
bag may be entrusted to the captain of a commercial aircraft or a
commercial ship. He must 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 consular courier. By arrangement
with the competent authorities of the appropriate Chinese local people's
government, the consular post may send its members to receive the consular
bag from the captain of the aircraft or of the ship or deliver it to him.
Article 12
The person of a consular officer shall be inviolable. The Chinese
authorities concerned shall take appropriate measures to prevent any
attack on his personal freedom and dignity. Consular officers shall not be
liable to arrest or detention, except that the arrest or detention is
executed in the case of a grave crime and by following legal procedures.
Consular officers shall not be committed to prison save in execution of a
judicial decision of final effect.
Article 13
The residence of a consular officer shall be inviolable.
His papers and correspondence shall be inviolable.
His property, except as provided in Article 14 of the present Regulations,
shall be inviolable.
Article 14
Consular officers and members of the administrative and technical staff of
the consular post shall enjoy immunity from judicial and administrative
jurisdiction in respect of acts performed in the exercise of their
functions. Immunity from jurisdiction of consular officers in respect of
acts other than those performed in the exercise of their functions shall
be accorded in accordance with the bilateral treaties and agreements
between China and other countries concerned or on the principle of
reciprocity. Immunity from judicial jurisdiction enjoyed by consular
officers and members of the administrative or technical staff of the
consular post shall not apply to any of the following civil actions:
(1) an action arising out of a contract not concluded expressly as an
agent of the sending State;
(2) an action relating to private immovable property situated in the
territory of China, unless they hold it as an agent of the sending State
for the purposes of the consular post.
(3) an action relating to succession in which he is involved as a private
person; or (4) an action for damages arising from an accident in China
caused by a vehicle, vessel or aircraft.
Article 15
Members of a consular post may be called upon to attend as witnesses in
the course of judicial or administrative proceedings, but shall be under
no obligation to give testimony concerning matters connected with the
exercise of their functions. They are entitled to decline to give
testimony as expert witnesses with regard to the law of the sending State.
If consular officers should decline to give testimony, no coercive measure
or penalty may be applied to them.
Members of the administrative or technical staff of the consular post and
members of the service staff shall not decline to give testimony except in
cases concerning matters connected with the exercise of their functions.
Article 16
The immunity from jurisdiction enjoyed by the persons concerned specified
in the present Regulations may be waived through explicit expression by
the Government of the sending State.
The initiation of proceedings by a person enjoying immunity from
jurisdiction in accordance with the provisions of the present Regulations
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 by the Government of the sending
State shall be necessary.
Article 17
Consular officers and members of the administrative or technical staff of
the consular post 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) dues or taxes on private immovable property situated in the territory
of China, excepting that used as the consular premises;
(3) estate, succession or inheritance duties, except that movable property
left in China by a deceased consular officer shall be exempt therefrom;
(4) dues and taxes on private income having its source in China; or
(5) charges levied for specific services rendered.
Members of the service staff of the consular post shall be exempt from
dues and taxes on the wages which they receive for their service in the
consular post.
Article 18
Members of the consular post shall be exempt from all personal and public
services as well as military obligations.
Consular officers and members of the administrative or technical staff of
the consular post shall be exempt from all obligations under the laws and
regulations of China in regard to the registration of aliens and residence
permits.
Article 19
Imported articles for the official use of the consular post, those for the
personal use of consular officers, and those for the personal use of
members of the administrative or technical staff of the consular post,
including articles intended for their establishment, imported within six
months of the time of installation shall, in accordance with the relevant
regulations of the Chinese Government, be exempt from customs duties and
all other related dues and taxes with the exception of charges for
storage, cartage and similar services.
Imported articles for the personal use of the consular officers and the
members of the administrative or technical staff of the consular post
referred to in the preceding paragraph shall not exceed the quantities
necessary for their direct utilization. The personal baggage of a
consular officer shall be exempt from inspection, unless the competent
Chinese authorities have serious reason to believe that it contains
articles not within the exemptions provided for in the first paragraph of
this Article, or articles the import or export of which is prohibited or
controlled by Chinese laws and government regulations. Such inspection
shall be conducted in the presence of the consular officer or of his
authorized representative.
Article 20
The consular post and its members may carry firearms and bullets into or
out of China for their personal use, subject to the approval of the
Chinese government and to its relevant regulations.
Article 21
The spouse and underage children of consular officers, of members of the
administrative or technical staff of the consular post, or of members of
the service staff of the consular post forming part of their respective
households, except those who are nationals of China or aliens permanently
residing in China, shall respectively enjoy the privileges and immunities
accorded to the consular officers, the members of the administrative or
technical staff of the consular post or the members of the service staff
of the consular post in accordance with the provisions of Articles 7, 17,
18 or 19 of the present Regulations.
Article 22
Consular officers who are nationals of China or aliens permanently
residing in China shall enjoy the privileges and immunities provided for
in the present Regulations only in respect of acts performed in the course
of official duties.
Members of the administrative or technical staff of the consular post and
members of the service staff of the consular post who are nationals of
China or aliens permanently residing in China shall not enjoy the
privileges and immunities provided for in the present Regulations except
that they shall have no obligation to give evidence concerning matters
connected with the exercise of their functions. Private attendants shall
not enjoy the privileges and immunities provided for in the present
Regulations.
Article 23
The following persons shall enjoy necessary immunity and inviolability
during their transit through or sojourn in China:
(1) a consular officer stationed in a third State who passes through China
together with his spouse and underage children forming part of his
household; and
(2) a visiting foreign consular officer 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.
Article 24
Persons enjoying consular privileges and immunities under the present
Regulations shall:
(1) respect Chinese laws and regulations;
(2) not interfere in the internal affairs of China; and
(3) not use the premises of the consular post and the residence of members
of the consular post for purposes incompatible with the exercise of
consular functions.
Article 25
Consular officers shall not practise for personal profit any professional
or commercial activity outside his official functions on Chinese
territory.
Article 26
In case the consular privileges and immunities accorded by a foreign State
to the Chinese consular post and its members in that State and to
transitting or visiting Chinese consular officers stationed in a third
State are different from those China would give under the present
Regulations to the consular post of that State and its members in China
and its transitting or visiting consular officers stationed in a third
State, the Chinese Government may accord them such consular privileges and
immunities as appropriate on a reciprocal basis.
Article 27
Where the international treaties to which China is a contracting or
acceding party provide otherwise in respect of consular privileges and
immunities, such provisions shall prevail, with the exception of those on
which China has declared reservations. Where the bilateral treaties or
agreements between China and other countries provide otherwise in respect
of consular privileges and immunities, such provisions shall prevail.
Article 28
For the purposes of the present Regulations, the following expressions
shall have the meanings hereunder assigned to them:
(1) "consular post" means any consulate-general, consulate, vice-consulate
or consular agency;
(2) "consular district" means the area assigned to a consular post for the
exercise of consular functions;
(3) "head of consular post" means the consul-general, consul, vice-consul
or consular agent charged by the sending State with the duty of leading
the consular post;
(4) "consular officer" means the consul-general, vice- consul-general,
consul, vice-consul and consular attache or consular agent;
(5) "members of the administrative or technical staff of the consular
post" means the members of the staff of the consular post engaged in the
administrative or technical work of the consular post;
(6) "members of the service staff" means the members of the staff of the
consular post engaged in the domestic service of the consular post;
(7) "members of the consular post" means consular officers, members of the
administrative or technical staff of the consular post and members of the
service staff of the consular post;
(8) "private attendant" means an attendant in the private employment of a
member of the consular post;
(9) "consular premises" means the buildings or parts of buildings and the
land ancillary thereto used exclusively for the purposes of the consular
post.
Article 29
The present Regulations shall enter into force as of the date of
promulgation.
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