Singapore legislation

Section 4

of Diplomatic and Consular Relations Act 2005

Section 4

Application of Vienna Convention on Consular Relations

(1)

Subject to this section and section 6, Articles 1, 5, 15 and 17, paragraphs 1, 2 and 4 of Article 31, Articles 32, 33, 35 and 39, paragraphs 1 and 2 of Article 41, Articles 43, 44, 45 and 48 to 54, paragraphs 2 and 3 of Article 55, paragraph 2 of Article 57, paragraphs 1, 2 and 3 of Article 58 and Articles 60, 61, 62, 66, 67, 70 and 71 of the Vienna Convention on Consular Relations have the force of law in Singapore.

(2)

In the provisions of the Vienna Convention on Consular Relations mentioned in subsection (1) —

(a)

a reference to authorities of the receiving State includes a reference to any police officer and any person exercising a power of entry to any premises under any written law;

(b)

a reference to a grave crime is a reference to any offence punishable with imprisonment for a term that may extend to 5 years or with a more severe sentence; and

(c)

a reference to a national of the receiving State is a reference to a citizen of Singapore.

(3)

In paragraph 2 of Article 17 of the Vienna Convention on Consular Relations, the reference to privileges and immunities accorded by customary international law or by international agreements is a reference to privileges and immunities conferred under the International Organisations (Immunities and Privileges) Act 1948.

(4)

In Article 44 of the Vienna Convention on Consular Relations, the references to matters connected with the exercise of the functions of members of a consular post are references to matters connected with the exercise of consular functions by consular officers or consular employees.

(5)

For the purposes of Article 45 of the Vienna Convention on Consular Relations and that Article as applied by Article 58 of that Convention, a waiver is treated as having been expressed by a State if it had been expressed by the head, or any person for the time being performing the functions of the head, of the diplomatic mission of that State or, if there is no such mission, of the consular post of that State.

(6)

The reference in Article 57 of the Vienna Convention on Consular Relations to the privileges and immunities provided in Chapter II of that Convention is a reference to the privileges and immunities provided in Section II of that Chapter.

(7)

The reference in Article 70 of the Vienna Convention on Consular Relations to the rules of international law concerning diplomatic relations is a reference to Part 2 of this Act.

Section 4 — Diplomatic and Consular Relations Act 2005