Vienna Convention on Consular Relations

维也纳领事关系公约

The States Parties to the present Convention,

本公约各当事国,

Recalling that, consular relations have been established between peoples since ancient times,

查各国人民自古即已建立领事关系,

Having in mind the Purposes and Principles of the Charter of the United Nation concerning the sovereign equality of States, the maintenance of international peace and security, and the promotion of friendly relations among nations,

察及联合国宪章关于各国主权平等、维持国际和平与安全以及促进国际间友好关系之宗旨及原则,

Considering that the United Nations Conference on Diplomatic Intercourse and Immunities adopted the Vienna Convention on Diplomatic Relations which was opened for signature on 18 April 1961,

鉴于联合国外交往来及豁免会议曾通过维也纳外交关系公约,该公约业自一九六一年四月十八日起听由各国签署,

Believing that an international convention on consular relations, privileges and immunities would also contribute to the development of friendly relations among nations, irrespective of their differing constitutional and social systems,

深信一项关于领事关系、特权及豁免之国际公约亦能有助于各国间友好关系之发展,不论各国宪政及社会制度之差异如何,

Realizing that the purpose of such privileges and immunities is not to benefit individuals but to ensure the efficient performance of functions by consular posts on behalf of their respective States,

认为此等特权及豁免之目的不在于给与个人以利益而在于确保领馆能代表本国有效执行职务,

Affirming that the rules of customary international law continue to govern matters not expressly regulated by the provisions of the present Convention,

确认凡未经本公约明文规定之事项应继续适用国际习惯法之规例,

Have agreed as follows:

爰议定条款如下:

Article 1 Definitions

第一条 定义

1. For the purposes of the present Convention, the following expressions shall have the meanings hereunder assigned to them:

一、就本公约之适用而言,下列名称应具意义如次:

(a) "consular post" means any consulate-general, consulate, vice-consulate or consular agency;

(一)称领馆者,谓任何总领事馆、领事馆、副领事馆或领事代理处;

(b) "consular district" means the area assigned to a consular post for the exercise of consular functions;

(二)称领馆辖区者,谓为领馆执行职务而设定之区域;

(c) "head of consular post" means the person charged with the duty of acting in that capacity;

(三)称领馆馆长者,谓奉派任此职位之人员;

(d) "consular officer" means any person, including the head of a consular post, entrusted in that capacity with the exercise of consular functions;

(四)称领事官员者,谓派任此职承办领事职务之任何人员,包括领馆馆长在内;

(e) "consular employee" means any person employed in the administrative or technical service of a consular post;

(五)称领馆雇员者,谓受雇担任领馆行政或技术事务之任何人员;

(f) "member of the service staff" means any person employed in the domestic service of a consular post;

(六)称服务人员者,谓受雇担任领馆杂务之任何人员;

(g) "members of the consular post" means consular officers, consular employees and members of the service staff;

(七)称领馆人员者,谓领事官员、领馆雇员及服务人员;

(h) "members of the consular staff" means consular officers, other than the head of a consular post, consular employees and members of the service staff ;

(八)称领馆馆员者,谓除馆长以外之领事官员、领馆雇员及服务人员;

(i) "member of the private staff" means a person who is employed exclusively in the private service of a member of the consular post;

(九)称私人服务人员者,谓受雇专为领馆人员私人服务之人员;

(j) "consular premises" means the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used exclusively for the purposes of the consular post;

(十)称领馆馆舍者,谓专供领馆使用之建筑物或建筑物之各部分,以及其所附属之土地,至所有权谁属,则在所不问;

(k) "consular archives" includes all the papers, documents, correspondence, books, films, tapes and registers of the consular post, together with the ciphers and codes, the card-indexes and any article of furniture intended for their protection or safekeeping.

(十一)称领馆档案者,谓领馆之一切文书、文件、函电、簿籍、胶片、胶带及登记册,以及明密电码、纪录卡片及供保护或保管此等文卷之用之任何器具。

2. Consular officers are of two categories, namely career consular officers and honorary consular officers.

二、领事官员分为两类,即职业领事官员与名誉领事官员。

The provisions of Chapter II of the present Convention apply to consular posts headed by career consular officers; the provisions of Chapter III govern consular posts headed by honorary consular officers.

本公约第二章之规定对以职业领事官员为馆长之领馆适用之;第三章之规定对以名誉领事官员为馆长之领馆适用之。

3. The particular status of members of the consular posts who are nationals or permanent residents of the receiving State is governed by Article 71 of the present Convention.

三、领馆人员为接受国国民或永久居民者,其特殊地位依本公约第七十一条定之。

CHAPTER I CONSULAR RELATIONS IN GENERAL

第一章 一般领事关系

SECTION I ESTABLISHMENT AND CONDUCT OF CONSULAR RELATIONS

第一节 领事关系之建立及处理

Article 2 Establishment of consular relations

第二条 领事关系之建立

1. The establishment of consular relations between States takes place by mutual consent.

一、国与国间领事关系之建立,以协议为之。

2. The consent given to the establishment of diplomatic relations between two States implies, unless otherwise stated, consent to the establishment of consular relations.

二、除另有声明外,两国同意建立外交关系亦即谓同意建立领事关系。

3. The severance of diplomatic relations shall not ipso facto involve the severance of consular relations.

三、断绝外交关系并不当然断绝领事关系。

Article 3 Exercise of consular functions

第三条 领事职务之行使

Consular functions are exercised by consular posts.

领事职务由领馆行使之。

They are also exercised by diplomatic missions in accordance with the provisions of the present Convention.

此项职务亦得由使馆依照本公约之规定行使之。

Article 4 Establishment of a consular post

第四条 领馆之设立

1. A consular post may be established in the territory of the receiving State only with that State's consent.

一、领馆须经接受国同意始得在该国境内设立。

2. The seat of the consular post, its classification and the consular district shall be established by the sending State and shall be subject to the approval of the receiving State.

二、领馆之设立地点、领馆类别及其辖区由派遣国定之,惟须经接受国同意。

3. Subsequent changes in the seat of the consular post, its classification or the consular district may be made by the sending State only with the consent of the receiving State.

三、领馆之设立地点、领馆类别及其辖区确定后,派遣国须经接受国同意始得变更之。

4. The consent of the receiving State shall also be required if a consulate general or a consulate desires to open a vice-consulate or a consular agency in a locality other than that in which it is itself established.

四、总领事馆或领事馆如欲在本身所在地以外之地点设立副领事馆或领事代理处亦须经接受国同意。

5. The prior express consent of the receiving State shall also be required for the opening of an office forming part of an existing consular post elsewhere than at the seat thereof.

五、在原设领馆所在地以外开设办事处作为该领馆之一部分,亦须事先征得接受国之明示同意。

Article 5 CONSULAR FUNCTIONS

第五条 领事职务

Consular functions consist in:

领事职务包括:

(a) protecting in the receiving State, the interests of the sending State and of its nationals, both individuals and bodies corporate, within the limits permitted by international law;

(一)于国际法许可之限度内,在接受国内保护派遣国及其国民━━个人与法人━━之利益;

(b) furthering the development of commercial, economic, cultural and scientific relations between the sending State and the receiving State and otherwise promoting friendly relations between them in accordance with the provisions of the present Convention;

(二)依本公约之规定,增进派遣国与接受国间之商业、经济、文化及科学关系之发展,并在其他方面促进两国间之友好关系;

(c) ascertaining by all lawful means conditions and developments in the commercial, economic, cultural and scientific life of the receiving State, reporting thereon to the Government of the sending State and giving information to persons interested;

(三)以一切合法手段调查接受国内商业、经济、文化及科学活动之状况及发展情形,向派遣国政府具报,并向关心人士提供资料;

(d) issuing passports and travel documents to nationals of the sending State, and visas or appropriate documents to persons wishing to travel to the sending State;

(四)向派遣国国民发给护照及旅行证件,并向拟赴派遣国旅行人士发给签证或其他适当文件;

(e) helping and assisting nationals, both individuals and bodies corporate, of the sending State;

(五)帮助及协助派遣国国民━━个人与法人;

(f) acting as notary and civil registrar and in capacities of a similar kind, and performing certain functions of an administrative nature, provided that there is nothing contrary thereto in the laws and regulations of the receiving State;

(六)担任公证人,民事登记员及类似之职司,并办理若干行政性质之事务,但以接受国法律规章无禁止之规定为限;

(g) safeguarding the interests of nationals, both individuals and bodies corporate, of the sending State in cases of succession mortis causa in the territory of the receiving State, in accordance with the laws and regulations of the receiving State;

(七)依接受国法律规章在接受国境内之死亡继承事件中,保护派遣国国民━━个人与法人━━之利益;

(h) safeguarding, within the limits imposed by the laws and regulations of the receiving State, the interests of minors and other persons lacking full capacity who are nationals of the sending State, particularly where any guardianship or trusteeship is required with respect to such persons;

(八)在接受国法律规章所规定之限度内,保护为派遣国国民之未成年人及其他无充分行为能力人之利益,尤以须对彼等施以监护或托管之情形为然;

(i) subject to the practices and procedures obtaining in the receiving State, representing or arranging appropriate representation for nationals of the sending State before the tribunals and other authorities of the receiving State, for the purpose of obtaining, in accordance with the lows and regulations of the receiving State, provisional measures for the preservation of the rights and interests of these nationals, where, because of absence or any other reason, such nationals are unable at the proper time to assume the defence of their rights and interests;

(九)以不抵触接受国内施行之办法与程序为限,遇派遣国国民因不在当地或由于其他原因不能于适当期间自行辩护其权利与利益时,在接受国法院及其他机关之前担任其代表或为其安排适当之代表,俾依照接受国法律规章取得保全此等国民之权利与利益之临时措施;

(j) transmitting judicial and extra-judicial documents or executing letters rogatory or commissions to take evidence for the courts of the sending State in accordance with international agreements in force or, in the absence of such international agreements, in any other manner compatible with the laws and regulations of the receiving State;

(十)依现行国际协定之规定或于无此种国际协定时,以符合接受国法律规章之任何其他方式,转送司法书状与司法以外文件或执行嘱托调查书或代派遣国法院调查证据之委托书;

(k) exercising rights of supervision and inspection provided for in the laws and regulations of the sending State in respect of vessels having the nationality of the sending State, and of aircraft registered in that State, and in respect of their crews;

(十一)对具有派遣国国籍之船舶,在该国登记之航空机以及其航行人员,行使派遣国法律规章所规定之监督及检查权;

(l) extending assistance to vessels and aircraft mentioned in sub-paragraph (k) of this Article and to their crews, taking statements regarding the voyage of a vessel, examining and stamping the ship's papers, and, without prejudice to the powers of the authorities of the receiving State, conducting investigations into any incidents which occurred during the voyage, and settling disputes of any kind between the master, the officers and the seamen in so far as this may be authorized by the laws and regulations of the sending State;

(十二)对本条第(十一)款所称之船舶与航空机及其航行人员给予协助,听取关于船舶航程之陈述,查验船舶文书并加盖印章,于不妨害接受国当局权力之情形下调查航行期间发生之任何事故及在派遣国法律规章许可范围内调解船长、船员与水手间之任何争端;

(m) performing any other functions entrusted to a consular post by the sending State which are not prohibited by the laws and regulations of the receiving State or to which no objection is taken by the receiving State or which are referred to in the international agreements in force between the sending State and the receiving State.

(十三)执行派遣国责成领馆办理而不为接受国法律规章所禁止或不为接受国所反对或派遣国与接受国间现行国际协定所订明之其他职务。

Article 6 Exercise of consular functions outside the consular district

第六条 在领馆辖区外执行领事职务

A consular officer may, in special circumstances, with the consent of the receiving State, exercise his functions outside his consular district.

在特殊情形下,领事官员经接受国同意,得在其领馆辖区外执行职务。

Article 7 Exercise of consular functions in a third state

第七条 在第三国中执行领事职务

The sending State may, after notifying the States concerned, entrust a consular post established in a particular State with the exercise of consular functions in another State, unless there is express objection by one of the States concerned.

派遣国得于通知关系国家后,责成设于特定国家之领馆在另一国内执行领事职务,但以关系国家均不明示反对为限。

Article 8 Exercise of consular functions on behalf of a third state

第八条 代表第三国执行领事职务

Upon appropriate notification to the receiving State, a consular post of the sending State may, unless the receiving State objects, exercise consular functions in the receiving State on behalf of a third State.

经适当通知接受国后,派遣国之一领馆得代表第三国在接受国内执行领事职务,但以接受国不表反对为限。

Article 9 Classes of heads of consular posts

第九条 领馆馆长之等级

1. Heads of consular posts are divided into four classes, namely:

一、领馆馆长分为四级,即:

(a) consuls-general;

(一)总领事;

(b) consuls;

(二)领事;

(c) vice-consuls;

(三)副领事;

(d) consular agents.

(四)领事代理人。

2. Paragraph 1 of this Article in no way restricts the right of any of the Contracting Parties to fix the designation of consular officers other than the heads of consular posts.

二、本条第一项之规定并不限制任何缔约国对馆长以外之领事官员设定衔名之权。

Article 10 Appointment and admission of heads of consular posts

第十条 领馆馆长之委派及承认

1. Heads of consular posts are appointed by the sending State and are admitted to the exercise of their functions by the receiving State.

一、领馆馆长由派遣国委派,并由接受国承认准予执行职务。

2. Subject to the provisions of the present Convention, the formalities for the appointment and for the admission of the head of a consular post are determined by the laws, regulations and usages of the sending State and of the receiving State respectively.

二、除本公约另有规定外,委派及承认领馆馆长之手续各依派遣国及接受国之法律规章与惯例办理。

Article 11 The consular commission or notification of appointment

第十一条 领事委任文凭或委派之通知

1. The head of a consular post shall be provided by the sending State with a document, in the form of a commission or similar instrument, made out for each appointment, certifying his capacity and showing, as a general rule, his full name, his category and class, the consular district and the seat of the consular Post.

一、领馆馆长每次奉派任职,应由派遣国发给委任文凭或类似文书以充其职位之证书,其上通例载明馆长之全名,其职类与等级,领馆辖区及领馆设置地点。

2. The sending State shall transmit the commission or similar instrument through the diplomatic or other appropriate channel to the Government of the State in whose territory the head of a consular post is to exercise his functions.

二、派遣国应经由外交途径或其他适当途径将委任文凭或类似文书转送领馆馆长执行职务所在地国家之政府。

3. If the receiving State agrees, the sending State may, instead of a commission or similar instrument, send to the receiving State a notification containing the particulars required by paragraph 1 of this Article.

三、如接受国同意,派遣国得向接受国致送载列本条第一项所规定各节之通知,以替代委任文凭或类似文书。

Article 12 The Exequator

第十二条 领事证书

1. The head of a consular post is admitted to the exercise of his functions by an authorization from the receiving State termed an exequatur, whatever the form of this authorization.

一、领馆馆长须经接受国准许方可执行职务,此项准许不论采何形式,概称领事证书。

2. A State which refuses to grant an exequatur is not obliged to give to the sending State reasons for such refusal.

二、一国拒不发给领事证书,无须向派遣国说明其拒绝之理由。

3. Subject to the provisions of Articles 13 and 15, the head of a consular post shall not enter upon his duties until he has received an exequatur.

三、除第十三条及第十五条另有规定外,领馆馆长非俟获得领事证书不得开始执行职务。

Article 13 Provisional admission of heads of consular posts

第十三条 暂时承认领馆馆长

Pending delivery of the exequatur, the head of a consular post may be admitted on a provisional basis to the exercise of his functions.

领事证书未送达前,领馆馆长得暂时准予执行职务。

In that case, the provisions of the present Convention shall apply.

遇此情形,本公约之各项规定应即适用。

Article 14 Notification to the authorities of the consular district

第十四条 通知领馆辖区当局

As soon as the head of a consular post is admitted even provisionally to the exercise of his functions, the receiving State shall immediately notify the competent authorities of the consular district.

领馆馆长一经承认准予执行职务后,接受国应立即通知领馆辖区之各主管当局,即令系属暂时性质,亦应如此办理。

It shall also ensure that the necessary measures are taken to enable the head of a consular post to carry out the duties of his office and to have the benefit of the provisions of the present Convention.

接受国并应确保采取必要措施,使领馆馆长能执行其职责并可享受本公约所规定之利益。

Article 15 Temporary exercise of the functions of the head of a consular post

第十五条 暂时代理领馆馆长职务

1. If the head of a consular post is unable to carry out his functions or the position of head of consular post is vacant, an acting head of post may act provisionally as head of the consular post.

一、领馆馆长不能执行职务或缺位时,得由代理馆长暂代领馆馆长。

2. The full name of the acting head of post shall be notified either by the diplomatic mission of the sending State or, if that State has no such mission in the receiving State, by the head of the consular post, or, if he is unable to do so, by any competent authority of the sending State, to the Ministry for Foreign Affairs of the receiving State or to the authority designated by that Ministry.

二、代理馆长之全名应由派遣国使馆通知接受国外交部或该部指定之机关;如该国在接受国未设使馆,应由领馆馆长通知,馆长不能通知时,则由派遣国主管机关通知之。

As a general rule, this notification shall be given in advance.

此项通知通例应事先为之。

The receiving State may make the admission as acting head of post of a person who is neither a diplomatic agent nor a consular officer of the sending State in the receiving State conditional on its consent.

如代理馆长非为派遣国驻接受国之外交代表或领事官员,接受国得以征得其同意为承认之条件。

3. The competent authorities of the receiving State shall afford assistance and protection to the acting head of post.

三、接受国主管机关应予代理馆长以协助及保护。

While he is in charge of the post, the provisions of the present Convention shall apply to him on the same basis as to the head of the consular post concerned.

代理馆长主持馆务期间应在与领馆馆长相同之基础上适用本公约各项规定。

The receiving State shall not, however, be obliged to grant to an acting head of post any facility, privilege or immunity which the head of the consular post enjoys only subject to conditions fulfilled by the acting head of post.

惟如领馆馆长系在代理馆长并不具备之条件下始享受便利、特权与豁免时,接受国并无准许代理馆长享受此种便利、特权与豁免之义务。

4. When, in the circumstances referred to in paragraph 1 of this Article, a member of the diplomatic staff of the diplomatic mission of the sending State in the receiving State is designated by the sending State as an acting head of post, he shall, if the receiving State does not object thereto, continue to enjoy diplomatic privileges and immunities.

四、遇本条第一项所称之情形,派遣国驻接受国使馆之外交职员奉派遣国派为领馆代理馆长时,倘接受国不表反对,应继续享有外交特权与豁免。

Article 16 Precedence as between heads of consular posts

第十六条 领馆馆长间之优先位次

1. Heads of consular posts shall rank in each class according to the date of the grant of the exequatur.

一、领馆馆长在各别等级中之优先位次依颁给领事证书之日期定之。

2. If, however, the head of a consular post before obtaining the exequatur is admitted to the exercise of his functions provisionally, his precedence shall be determined according to the date of the provisional admission; this precedence shall be maintained after the granting of the exequatur.

二、惟如领馆馆长在获得领事证书前业经暂时承认准予执行职务,其优先位次依给予暂时承认之日期定之;此项优先位次在颁给领事证书后,仍应维持之。

3. The order of precedence as between two or more heads of consular posts who obtained the exequatur or provisional admission on the same date, shall be determined according to the dates on which their commissions or similar instruments or the notifications referred to in paragraph 3 of Article 11 were presented to the receiving State.

三、两个以上领馆馆长同日获得领事证书或暂时承认者,其相互间之位次依委任文凭或类似文书或第十一条第三项所称之通知送达接受国之日期定之。

4. Acting heads of posts shall rank after all heads of consular posts and, as between themselves, they shall rank according to the dates on which they assumed their functions as acting heads of posts as indicated in the notifications given under paragraph 2 of Article 15.

四、代理馆长位于所有领馆馆长之后,其相互间之位次依遵照第十五条第二项所为通知中述明之开始担任代理馆长职务日期定之。

5. Honorary consular officers who are heads of consular posts shall rank in each class after career heads of consular posts, in the order and according to the rules laid down in the foregoing paragraphs.

五、名誉领事官员任领馆馆长者在各别等级中位于职业领馆馆长之后,其相互间之位次依前列各项所订定之次序及规则定之。

6. Heads of consular posts shall have precedence over consular officers not having that status.

六、领馆馆长位于不任此职之领事官员之先。

Article 17 Performance of diplomatic acts by consular officers

第十七条 领事官员承办外交事务

1. In a State where the sending State has no diplomatic mission and is not represented by a diplomatic mission of a third State, a consular officer may, with the consent of the receiving State, and without affecting his consular status, be authorized to perform diplomatic acts.

一、在派遣国未设使馆亦未由第三国使馆代表之国家内,领事官员经接受国之同意,得准予承办外交事务,但不影响其领事身分。

The performance of such acts by a consular officer shall not confer upon him any right to claim diplomatic, privileges and immunities.

领事官员承办外交事务,并不因而有权主张享有外交特权及豁免。

2. A consular officer may, after notification addressed to the receiving State, act as representative of the sending State to any inter-governmental organization.

二、领事官员得于通知接受国后,担任派遣国出席任何政府间组织之代表。

When so acting, he shall be entitled to enjoy any privileges and immunities accorded to such a representative by customary international law or by international agreements however, in respect of the performance by him of any consular function, he shall not be entitled to any greater immunity from jurisdiction than that to which a consular officer is entitled under the present Convention.

领事官员担任此项职务时,有权享受此等代表依国际习惯法或国际协定享有之任何特权及豁免;但就其执行领事职务而言,仍无权享有较领事官员依本公约所享者为广之管辖之豁免。

Article 18 Appointment of the same person by two or more states as a consular officer

第十八条 两个以上国家委派同一人为领事官员

Two or more States may, with the consent of the receiving State, appoint the same person as a consular officer in that State.

两个以上国家经接受国之同意得委派同一人为驻该 国之领事官员。

Article 19 Appointment of members of consular staff

第十九条 领馆馆员之委派

1. Subject to the provisions of Articles 20, 22 and 23, the sending State may freely appoint the members of the consular staff.

一、除第二十条、第二十二条及第二十三条另有规定外,派遣国得自由委派领馆馆员。

2. The full name, category and class of all consular officers, other than the head of a consular post, shall be notified by the sending State to the receiving State in sufficient time for the receiving State, if it so wishes, to exercise its rights under paragraph 3 of Article 23.

二、派遣国应在充分时间前将领馆馆长以外所有领事官员之全名、职类及等级通知接受国,俾接受国得依其所愿,行使第二十三条第三项所规定之权利。

3. The sending State may, if required by its laws and regulations, request the receiving State to grant an exequatur to a consular officer other than the head of a consular post.

三、派遣国依其本国法律规章确有必要时,得请接受国对领馆馆长以外之领事官员发给领事证书。

4. The receiving State may, if required by its laws and regulations, grant an exequatur to a consular officer other than the head of a consular post.

四、接受国依其本国法律规章确有必要时,得对领馆馆长以外之领事官员发给领事证书。

Article 20 Size of the consular staff

第二十条 领     

In the absence of an express agreement as to the size of the consular staff, the receiving State may require that the size of the staff be kept within limits considered by it to be reasonable and normal, having regard to circumstances and conditions in the consular district and to the needs of the particular post.

关于领馆馆员人数如无明确协议,接受国得酌量领馆辖区内之环境与情况及特定领馆之需要,要求馆员人数不超过接受国认为合理及正常之限度。

Article 21 Precedence as between consular officers of a cosular post

第二十一条 领馆领事官员间之优先位次

The order of precedence as between the consular officers of a consular post and any change thereof shall be notified by the diplomatic mission of the sending State or, if that State has no such mission in the receiving State, by the head of the consular post, to the Ministry for Foreign Affairs of the receiving State or to the authority designated by that Ministry.

同一领馆内领事官员间之优先位次以及关于此项位次之任何变更应由派遣国使馆通知接受国外交部或该部指定之机关,如派遣国在接受国未设使馆,则由领馆馆长通知之。

Article 22 Nationality of consular officers

第二十二条 领事官员之国籍

1. Consular officers should, in principle, have the nationality of the sending State.

一、领事官员原则上应属派遣国国籍。

2. Consular officers may not be appointed from among persons having the nationality of the receiving State except with the express consent of that State which may be withdrawn at any time.

二、委派属接受国国籍之人为领事官员,非经该国明示同意,不得为之;此项同意得随时撤销之。

3. The receiving State may reserve the same right with regard to nationals of a third State who are not also nationals of the sending State.

三、接受国对于非亦为派遣国国民之第三国国民,得保留同样权利。

Article 23 Persons declared "non grata"

第二十三条 认为不受欢迎之人员

1. The receiving State may at any time notify the sending State that a consular officer is persona non grata or that any other member of the consular staff is not acceptable.

一、接受国得随时通知派遣国,宣告某一领事官员为不受欢迎人员或任何其他领馆馆员为不能接受。

In that event, the sending State shall, as the case may be, either recall the person concerned or terminate his functions with the consular post.

遇此情事,派遣国应视情形召回该员或终止其在领馆中之职务。

2. If the sending State refuses or fails within a reasonable time to carry out its obligations under paragraph 1 of this Article, the receiving State may, as the case may be, either withdraw the exequatur from the person concerned or cease to consider him as a member of the consular staff.

二、倘派遣国拒绝履行或不在相当期间内履行其依本条第一项所负之义务,接受国得视情形撤销关系人员之领事证书或不复承认该员为领馆馆员。

3. A person appointed as a member of a consular post may be declared unacceptable before arriving in the territory of the receiving State or, if already in the receiving State, before entering on his duties with the consular post.

三、任何派为领馆人员之人得于其到达接受国国境前━━如其已在接受国境内,于其在领馆就职前━━被宣告为不能接受。

In any such case, the sending State shall withdraw his appointment.

遇此情形,派遣国应撤销该员之任命。

4. In the cases mentioned in paragraphs 1 and 3 of this Article, the receiving State is not obliged to give to the sending State reasons for its decision.

四、遇本条第一项及第三项所称之情形,接受国无须向派遣国说明其所为决定之理由。

Article 24 Notification to the receiving state of appointments, arrivals and departures

第二十四条 向接受国通知委派到达及离境

1. The Ministry for Foreign Affairs of the receiving State or the authority designated by that Ministry shall be notified of:

一、下列事项应通知接受国外交部或该部指定之机关:

(a) the appointment of members of a consular post, their arrival after appointment to the consular post, their final departure or the termination of their functions and any other changes affecting their status that may occur in the course of their service with the consular post;

(一)领馆人员之委派,委派后之到达领馆,其最后离境或职务终止,以及在领馆供职期间所发生之身分上任何其他变更;

(b) the arrival and final departure of a person belonging to the family of a member of a consular post forming part of his household and, where appropriate, the fact that a person becomes or ceases to be such a member of the family;

(二)与领馆人员构成同一户口之家属到达及最后离境;任何人成为或不复为领馆人员家属时,在适当情形下,亦应通知;

(c) the arrival and final departure of members of the private staff and, where appropriate, the termination of their service as Such;

(三)私人服务人员之到达及最后离境;其职务之终止,在适当情形下,亦应通知;

(d) the engagement and discharge of persons resident in the receiving State as members of a consular post or as members of the private staff entitled to privileges and immunities.

(四)雇用居留接受国之人为领馆人员或为得享特权与豁免之私人服务人员时,其雇用及解雇。

2. When possible, prior notification of arrival and final departure shall also be given.

二、到达及最后离境,于可能范围内,亦应事先通知。

SECTION II END OF CONSULAR FUNCTIONS

第二节 领事职务之终了

Article 25 Termination of the functions of a member of a consular post

第二十五条 领馆人员职务之终止

The functions of a member of a consular post shall come to an end inter alia:

除其他情形外,领馆人员之职务遇有下列情事之一即告终了:

(a) on notification by the sending State to the receiving State that his functions have come to an end;

(一)派遣国通知接受国谓该员职务业已终了;

(b) on withdrawal of the exequatur;

(二)撤销领事证书;

(c) on notification by the receiving State to the sending State that the receiving State has ceased to consider him as a member of the consular staff.

(三)接受国通知派遣国谓接受国不复承认该员为领馆馆员。

Article 26 Departure from the territory of the receiving state

第二十六条 离开接受国国境

The receiving State shall, even in case of armed conflict, grant to members of the consular post and members of the private staff, other than nationals of the receiving State, and to members of their families forming part of their households irrespective of nationality, the necessary time and facilities to enable them to prepare their departure and to leave at the earliest possible moment after the termination of the functions of the members concerned.

接受国对于非为接受国国民之领馆人员及私人服务人员以及与此等人员构成同一户口之家属,不论其国籍为何,应给予必要时间及便利使能于关系人员职务终止后准备离境并尽早出境,纵有武装冲突情事,亦应如此办理。

In particular, it shall, in case of need, place at their disposal the necessary means of transport for themselves and their property other than property acquired in the receiving State the export of which is prohibited at the time of departure.

遇必要时,接受国尤应供给彼等本人及财产所需之交通运输工具,但财产之在接受国内取得而于离境时禁止出口者不在此列。

Article 27 Protection of consular premises and archives and of the interests of the sending state in exceptional circumstances

第二十七条 非常情况下领馆馆舍与档案及派遣国利益之保护

1. In the event of the severance of consular relations between two States:

一、遇两国断绝领事关系时:

(a) the receiving State shall, even in case of armed conflict, respect and protect the consular premises, together with the property of the consular post and the consular archives;

(一)接受国应尊重并保护领馆馆舍以及领馆财产与领馆档案,纵有武装冲突情事,亦应如此办理;

(b) the sending State may entrust the custody of the consular premises, together with the property contained therein and the consular archives, to a third State acceptable to the receiving State;

(二)派遣国得将领馆馆舍以及其中财产与领馆档案委托接受国可以接受之第三国保管;

(c) the sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State.

(三)派遣国得委托接受国可以接受之第三国代为保护派遣国及其国民之利益。

2. In the event of the temporary or permanent closure of a consular post, the provisions of sub-paragraph (a) of paragraph 1 of this Article shall apply.

二、遇领馆暂时或长期停闭,本条第一项第(一)款规定应适用之。

In addition,

此外,

(a) if the sending State, although not represented in the receiving State by a diplomatic mission, has another consular post in the territory of that State, that consular post may be entrusted with the custody of the premises of the consular post which has been closed, together with the property contained therein and the consular archives, and, with the consent of the receiving State, with the exercise of consular functions, in the district of that consular post; or

(一)派遣国在接受国境内虽未设使馆,但设有另一领馆时,得责成该领馆保管已停闭之领馆之馆舍以及其中财产与领馆档案,又经接受国同意后,得责令其兼理已停闭领馆辖区内之领事职务。

(b) if the sending State has no diplomatic mission and no other consular post in the receiving State, the provisions of subparagraphs (b) and (c) of paragraph 1 of this Article shall apply.

(二)派遣国在接受国内并无使馆或其他领馆时,本条第一项第(二)款及第(三)款之规定应适用之。

CHAPTER II FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO CONSULAR POSTS, CAREER CONSULAR OFFICERS AND OTHER MEMBERS OF A CONSULAR POST

第二章 关于领馆职业领事官员及其他领馆人员之便利、特权与豁免

SECTION I FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO A CONSULAR POST

第一节 关于领馆之便利、特权与豁免

Article 28 Facilities for the work of the consular post

第二十八条 领馆工作之便利

The receiving State shall accord full facilities for the performance of the functions of the consular post.

接受国应给予领馆执行职务之充分便利。

Article 29 Use of national flag and coat-of-arms

第二十九条 国旗与国徽之使用

1. The sending State shall have the right to the use of its national flag and coat-of-arms in the receiving State in accordance with the provisions of this Article.

一、派遣国有权依本条之规定在接受国内使用本国之国旗与国徽。

2. The national flag of the sending State may be flown and its coat-of-arms displayed on the building occupied by the consular post and at the entrance door thereof, on the residence of the head of the consular post and on his means of transport when used on official business.

二、领馆所在之建筑物及其正门上,以及领馆馆长寓邸与在执行公务时乘用之交通工具上得悬挂派遣国国旗并揭示国徽。

3. In the exercise of the right accorded by this Article regard shall be had to the laws, regulations and usages of the receiving State.

三、行使本条所规定之权利时,对于接受国之法律规章与惯例应加顾及。

Article 30 Accommodation

第三十条 房舍

1. The receiving State shall either facilitate the acquisition on its territory, in accordance with its laws and regulations, by the sending State of premises necessary for its consular post or assist the latter in obtaining accommodation in some other way.

一、接受国应便利派遣国依接受国法律规章在其境内置备领馆所需之馆舍,或协助领馆以其他方法获得房舍。

2. It shall also, where necessary, assist the consular post in obtaining suitable accommodation for its members.

二、接受国遇必要时,并应协助领馆为其人员获得适当房舍。

Article 31 Inviolability of the consular premises

第三十一条 领馆馆舍不得侵犯

1. Consular premises shall be inviolable to the extent provided in this Article.

一、领馆馆舍于本条所规定之限度内不得侵犯。

2. The authorities of the receiving State shall not enter that part of the consular premises which is used exclusively for the purpose of the work of the consular post except with the consent of the head of the consular post or of his designee or of the head of the diplomatic mission of the sending State.

二、接受国官吏非经领馆馆长或其指定人员或派遣国使馆馆长同意,不得进入领馆馆舍中专供领馆工作之用之部分。

The consent of the head of the consular post may, however, be assumed in case of fire or other disaster requiring prompt protective action.

惟遇火灾或其他灾害须迅速采取保护行动时,得推定领馆馆长已表示同意。

3. Subject to the provisions of paragraph 2 of this Article, the receiving State is under a special duty to take all appropriate steps to protect the consular premises against any intrusion or damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity.

三、除本条第二项另有规定外,接受国负有特殊责任,采取一切适当步骤保护领馆馆舍免受侵入或损害,并防止任何扰乱领馆安宁或有损领馆尊严之情事。

4. The consular premises, their furnishings, the property of the consular post and its means of transport shall be immune from any form of requisition for purposes of national defence or public utility.

四、领馆馆舍、馆舍设备以及领馆之财产与交通工具应免受为国防或公用目的而实施之任何方式之征用。

If expropriation is necessary for such purposes, all possible steps shall be taken to avoid impeding the performance of consular functions, and prompt, adequate and effective compensation shall be paid to the sending State.

如为此等目的确有征用之必要时,应采取一切可能步骤以免领馆职务之执行受有妨碍,并应向派遣国为迅速、充分及有效之赔偿。

Article 32 Exemption from taxation of consular premises

第三十二条 领馆馆舍免税

1. Consular premises and the residence of the career head of consular post of which the sending State or any person acting on its behalf is the owner or lessee shall be exempt from all national, regional or municipal dues and taxes whatsoever, other than such as represent payment for specific services rendered.

一、领馆馆舍及职业领馆馆长寓邸之以派遣国或代表派遣国人员为所有权人或承租人者,概免缴纳国家、区域或地方性之一切捐税,但其为对供给特定服务应纳之费者不在此列。

2. The exemption from taxation referred to in paragraph 1 of this Article shall not apply to such dues and taxes if, under the law of the receiving State, they are payable by the person who contracted with the sending State or with the person acting on its behalf.

二、本条第一项所称之免税,对于与派遣国或代表派遣国人员订立承办契约之人依接受国法律应纳之捐税不适用之。

Article 33 Inviolability of the consular archives and documents

第三十三条 领馆档案及文件不得侵犯

The consular archives and documents shall be inviolable at all times and wherever they may be.

领馆档案及文件无论何时,亦不论位于何处,均属不得侵犯。

Article 34 Freedom of movements

第三十四条 行动自由

Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security, the receiving State shall ensure freedom of movement and travel in its territory to all members of the consular post.

除接受国为国家安全设定禁止或限制进入区域所订法律规章另有规定外,接受国应确保所有领馆人员在其境内行动及旅行之自由。

Article 35 Freedom of communication

第三十五条 通讯自由

1. The receiving State shall permit and protect freedom of communication on the part of the consular post for all official purposes.

一、接受国应准许领馆为一切公务目的自由通讯,并予保护。

In communicating with the Government, the diplomatic missions and other consular posts, wherever situated, of the sending State, the consular post may employ all appropriate means, including diplomatic or consular couriers, diplomatic or consular bags and messages in code or cipher.

领馆与派遣国政府及无论何处之该国使馆及其他领馆通讯,得采用一切适当方法,包括外交或领馆信差、外交或领馆邮袋及明密码电信在内。

However, the consular post may install and use a wireless transmitter only with the consent of the receiving State.

但领馆须经接受国许可,始得装置及使用无线电发报机。

2. The official correspondence of the consular post shall be inviolable.

二、领馆之来往公文不得侵犯。

Official correspondence means all correspondence relating to the consular post and its functions.

来往公文系指有关领馆及其职务之一切来往文件。

3. The consular bag shall be neither opened nor detained.

三、领馆邮袋不得予以开拆或扣留。

Nevertheless, if the competent authorities of the receiving State have serious reason to believe that the bag contains something other than the correspondence, documents or articles referred to in paragraph 4 of this Article, they may request that the bag be opened in their presence by an authorized representative of the sending State.

但如接受国主管当局有重大理由认为邮袋装有不在本条第四项所称公文、文件及用品之列之物品时,得请派遣国授权代表一人在该当局前将邮袋开拆。

If this request is refused by the authorities of the sending State, the bag shall be returned to its place of origin.

如派遣国当局拒绝此项请求,邮袋应予退回至原发送地点。

4. The packages constituting the consular bag shall bear visible external marks of their character and may contain only official correspondence and documents or articles intended exclusively for official use.

四、构成领馆邮袋之包裹须附有可资识别之外部标记,并以装载来往公文及公务文件或专供公务之用之物品为限。

5. The consular courier shall be provided with an official document indicating his status and the number of packages constituting the consular bag.

五、领馆信差应持有官方文件,载明其身分及构成领馆邮袋之包裹件数。

Except with the consent of the receiving State he shall be neither a national of tile receiving State, nor, unless lie is a national of the sending State, a permanent resident of the receiving State.

除经接受国同意外,领馆信差不得为接受国国民,亦不得为接受国永久居民,但其为派遣国国民者不在此限。

In the performance of his functions he shall be protected by the receiving State.

其于执行职务时,应受接受国保护。

He shall enjoy personal inviolability and shall not be liable to any form of arrest or detention.

领馆信差享有人身不得侵犯权,不受任何方式之逮捕或拘禁。

6. The sending State, its diplomatic missions and its consular posts may designate consular couriers ad hoc.

六、派遣国,其使馆及领馆得派特别领馆信差。

In such cases the provisions of paragraph 5 of this Article shall also apply except that the immunities therein mentioned shall cease to apply when such a courier has delivered to the consignee the consular bag in his charge.

遇此情形,本条第五项之规定亦应适用,惟特别信差将其所负责携带之领馆邮袋送交收件人后,即不复享有该项所称之豁免。

7. A consular bag may be entrusted to the captain of a ship or of a commercial aircraft scheduled to land at an authorized port of entry.

七、领馆邮袋得托交预定在准许入境地点停泊之船舶船长或在该地降落之商营飞机机长运带。

He shall be provided with an official document indicating the number of packages constituting the bag, but he shall not be considered to be a consular courier.

船长或机长应持有官方文件,载明构成邮袋之包裹件数,但不得视为领馆信差。

By arrangement with the appropriate local authorities, the consular post may send one of its members to take possession of the bag directly and freely from the captain of the ship or of the aircraft.

领馆得与主管地方当局商定,派领馆人员一人径向船长或机长自由提取领馆邮袋。

Article 36 Communication and contact with nationals of the sending state

第三十六条 与派遣国国民通讯及联络

1. With a view to facilitating the exercise of consular functions relating to nationals of the sending State:

一、为便于领馆执行其对派遣国国民之职务计:

(a) consular officers shall be free to communicate with nationals of the sending State and to have access to them.

(一)领事官员得自由与派遣国国民通讯及会见。

Nationals of the sending State, shall have the same freedom with respect to communication with and access to consular officers of the sending State;

派遣国国民与派遣国领事官员通讯及会见应有同样自由。

(b) if he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner.

(二)遇有领馆辖区内有派遣国国民受逮捕或监禁或羁押候审、或受任何其他方式之拘禁之情事,经其本人请求时,接受国主管当局应迅即通知派遣国领馆。

Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall also be forwarded by the said authorities without delay.

受逮捕、监禁、羁押或拘禁之人致领馆之信件亦应由该当局迅予递交。

The said authorities shall inform the person concerned without delay of his rights under this sub-paragraph;

该当局应将本款规定之权利迅即告知当事人。

(c) consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation.

(三)领事官员有权探访受监禁、羁押或拘禁之派遣国国民,与之交谈或通讯,并代聘其法律代表。

They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgment.

领事官员并有权探访其辖区内依判决而受监禁、羁押或拘禁之派遣国国民。

Nevertheless, consular officers shall refrain from taking action on behalf of a national who is in prison, custody or detention if he expressly opposes such action.

但如受监禁、羁押或拘禁之国民明示反对为其采取行动时,领事官员应避免采取此种行动。

2. The rights referred to in paragraph 1 of this Article shall be exercised in conformity with the laws and regulations of the receiving State, subject to the proviso, however, that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under this Article are intended.

二、本条第一项所称各项权利应遵照接受国法律规章行使之,但此项法律规章务须使本条所规定之权利之目的得以充分实现。

Article 37 Information in cases of deaths, guardianship or trusteeship, wrecks and air accidents

第三十七条 关于死亡、监护或托管及船舶毁损与航空事故之通知

If the relevant information is available to the competent authorities of the receiving State, such authorities shall have the duty:

倘接受国主管当局获有有关情报,该当局负有义务:

(a) in the case of the death of a national of the sending State, to inform without delay the consular post in whose district the death occurred;

(一)遇有派遣国国民死亡时,迅即通知辖区所及之领馆;

(b) to inform the competent consular post without delay of any case where the appointment of a guardian or trustee appears to be in the interests of a minor or other person lacking full capacity who is a national of the sending State.

(二)遇有为隶籍派遣国之未成年人或其他无充分行为能力人之利益计,似宜指定监护人或托管人时,迅将此项情事通知主管领馆。

The giving of this information shall, however, be without prejudice to the operation of the laws and regulations of the receiving State concerning such appointments;

惟此项通知不得妨碍接受国关于指派此等人员之法律规章之施行。

(c) if a vessel, having the nationality of the sending State, is wrecked or runs aground in the territorial sea or internal waters of the receiving State, or if an aircraft registered in the sending State suffers an accident on the territory of the receiving State, to inform without delay the consular post nearest to the scene of the occurrence.

(三)遇具有派遣国国籍之船舶在接受国领海或内国水域毁损或搁浅时,或遇在派遣国登记之航空机在接受国领域内发生意外事故时,迅即通知最接近出事地点之领馆。

Article 38 Communication with the authorities of the receiving state

第三十八条 与接受国当局通讯

In the exercise of their functions, consular officers may address:

领事官员执行职务时,得与下列当局接洽:

(a) the competent local authorities of their consular district;

(一)其辖区内之主管地方当局;

(b) the competent central authorities of the receiving State if and to the extent that this is allowed by the laws, regulations and usages of the receiving State or by the relevant international agreements.

(二)接受国之主管中央当局,但以经接受国之法律规章与惯例或有关国际协定所许可且在其规定范围内之情形为限。

Article 39 Consular fees and charges

第三十九条 领馆规费与手续费

1. The consular post may levy in the territory of the receiving State the fees and charges provided by the laws and regulations of the sending State for consular acts.

一、领馆得在接受国境内征收派遣国法律规章所规定之领馆办事规费与手续费。

2. The sums collected in the form of the fees and charges referred to in paragraph 1 of this Article, and the receipts for such fees and charges, shall be exempt from all dues and taxes in the receiving State.

二、本条第一项所称规费与手续费之收入款项以及此项规费或手续费之收据,概免缴纳接受国内之一切捐税。

SECTION II FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO CAREER CONSULAR OFFICERS AND OTHER MEMBERS OF A CONSULAR POST

第二节 关于职业领事官员及其他领馆人员之便利、特权与豁免

Article 40 Protection of consular officers

第四十条 对领事官员之保护

The receiving State shall treat consular officers with due respect and shall take all appropriate steps to prevent any attack on their person, freedom or dignity.

接受国对于领事官员应表示适当尊重并应采取一切适当步骤以防其人身自由或尊严受任何侵犯。

Article 41 Personal inviolability of consular officers

第四十一条 领事官员人身不得侵犯

1. Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority.

一、领事官员不得予以逮捕候审或羁押候审,但遇犯严重罪行之情形,依主管司法机关之裁判执行者不在此列。

2. Except in the case specified in paragraph 1 of this Article, consular officers shall not be committed to prison or liable to any other form of restriction on their personal freedom save in execution of a judicial decision of final effect.

二、除有本条第一项所规定之情形外,对于领事官员不得施以监禁或对其人身自由加以任何其他方式之拘束,但为执行有确定效力之司法判决者不在此限。

3. If criminal proceedings are instituted against a consular officer, he must appear before the competent authorities.

三、如对领事官员提起刑事诉讼,该员须到管辖机关出庭。

Nevertheless, the proceedings shall be conducted with the respect due to him by reason of his official position and, except in the case specified in paragraph 1 of this Article, in a manner which win hamper the exercise of consular functions as little as possible.

惟进行诉讼程序时,应顾及该员所任职位予以适当之尊重,除有本条第一项所规定之情形外,并应尽量避免妨碍领事职务之执行。

When, in the circumstances mentioned in paragraph 1 of this Article, it has become necessary to detain a consular officer, the proceedings against him shall be instituted with the minimum of delay.

遇有本条第一项所称之情形,确有羁押领事官员之必要时,对该员提起诉讼,应尽速办理。

Article 42 Notification of arrest, detention or prosecution

第四十二条 逮捕、羁押或诉究之通知

In the event of the arrest or detention, pending trial, of a member of the consular staff, or of criminal proceedings being instituted against him, the receiving State shall promptly notify the head of the consular post.

遇领馆馆员受逮捕候审或羁押候审,或对其提起刑事诉讼时,接受国应迅即通知领馆馆长。

Should the latter be himself the object of any such measure, the receiving State shall notify the sending State through the diplomatic channel.

倘领馆馆长本人为该项措施之对象时,接受国应经由外交途径通知派遣国。

Article 43 Immunity from jurisdiction

第四十三条 管辖之豁免

1. Consular officers and consular employees shall not be amenable to the jurisdiction of the judicial or administrative authorities of the receiving State in respect of acts performed in the exercise of consular functions.

一、领事官员及领馆雇员对其为执行领事职务而实施之行为不受接受国司法或行政机关之管辖。

2. The provisions of paragraph 1 of this Article shall not, however, apply in respect of a civil action either:

二、惟本条第一项之规定不适用于下列民事诉讼:

(a) arising out of a contract concluded by a consular officer or a consular employee in which, he did not contract expressly or impliedly as an agent of the sending State; or

(一)因领事官员或领馆雇员并未明示或默示以派遣国代表身分而订契约所生之诉讼;

(b) by a third party for damage arising from an accident in the receiving State caused by a vehicle, vessel or aircraft.

(二)第三者因车辆船舶或航空机在接受国内所造成之意外事故而要求损害赔偿之诉讼。

Article 44 Liability to give evidence

第四十四条 作证之义务

1. Members of a consular post may be called upon to attend as witnesses in the course of judicial or administrative proceedings.

一、领馆人员得被请在司法或行政程序中到场作证。

A consular employee or a member of the service staff shall not, except in the cases mentioned in paragraph 3 of this Article, decline to give evidence.

除本条第三项所称之情形外,领馆雇员或服务人员不得拒绝作证。

If a consular officer should decline to do so, no coercive measure or penalty may be applied to him.

如领事官员拒绝作证,不得对其施行强制措施或处罚。

2. The authority requiring the evidence of a consular officer shall avoid interference with the performance of his functions.

二、要求领事官员作证之机关应避免对其执行职务有所妨碍。

It may, when possible, take such evidence at his residence or at the consular post or accept a statement from him in writing.

于可能情形下得在其寓所或领馆录取证言,或接受其书面陈述。

3. Members of a consular post are under no obligation to give evidence concerning matters connected with the exercise of their functions or to produce official correspondence and documents relating thereto.

三、领馆人员就其执行职务所涉事项,无担任作证或提供有关来往公文及文件之义务。

They are also entitled to decline to give evidence as expert witnesses with regard to the law of the sending State.

领馆人员并有权拒绝以鉴定人身分就派遣国之法律提出证言。

Article 45 Waiver of privileges and immunities

第四十五条 特权及豁免之抛弃

1. The sending State may waive, with regard to a member of the consular post, any of the privileges and immunities provided for in Articles 41, 43 and 44.

一、派遣国得就某一领馆人员抛弃第四十一条、第四十三条及第四十四条所规定之任何一项特权及豁免。

2. The waiver shall in all cases be express, except as provided in paragraph 3 of this Article, and shall be communicated to the receiving State in writing.

二、除本条第三项所规定之情形外,特权及豁免之抛弃概须明示,并应以书面通知接受国。

3. The initiation of proceedings by a consular officer or a consular employee in a matter where he might enjoy immunity from jurisdiction under Article 43 Shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.

三、领事官员或领馆雇员如就第四十三条规定可免受管辖之事项,主动提起诉讼,即不得对与本诉直接相关之反诉主张管辖之豁免。

4. The waiver of immunity from jurisdiction for the purposes of civil or administrative proceedings shall not be deemed to imply the waiver of immunity from the measures of execution resulting from the judicial decision; in respect of such measures, a separate waiver shall be necessary.

四、民事或行政诉讼程序上管辖豁免之抛弃,不得视为对司法判决执行处分之豁免亦默示抛弃,抛弃此项处分之豁免,须分别为之。

Article 46 Exemption from registration of aliens and residence permits

第四十六条 免除外侨登记及居留证

1. Consular officers and consular employees and members of their families forming part of their households shall be exempt from all obligations under the laws and regulations of the receiving State in regard to the registration of aliens and residence permits.

一、领事官员及领馆雇员,以及与其构成同一户口之家属应免除接受国法律规章就外侨登记及居留证所规定之一切义务。

2. The provisions of paragraph 1 of this Article shall not, however, apply to any consular employee who is not a permanent employee of the sending State or who carries on any private gainful occupation in the receiving State or to any member of the family of any such employee.

二、但本条第一项之规定对于任何非派遣国常任雇员,或在接受国内从事私人有偿职业之领馆雇员,应不适用,对于此等雇员之家属,亦不应适用。

Article 47 Exemption from work permits

第四十七条 免除工作证

1. Members of the consular post shall, with respect to services rendered for the sending State, be exempt from any obligations in regard to work permits imposed by the laws and regulations of the receiving State concerning the employment of foreign labour.

一、领馆人员就其对派遣国所为之服务而言,应免除接受国关于雇用外国劳工之法律规章所规定之任何有关工作证之义务。

2. Members of the private staff of consular officers and of consular employees shall, if they do not carry on any other gainful occupation in the receiving State, be exempt from the obligations referred to in paragraph 1 of this Article.

二、属于领事官员及领馆雇员之私人服务人员,如不在接受国内从事其他有偿职业,应免除本条第一项所称之义务。

Article 48 Social security exemption

第四十八条 社会保险办法免于适用

1. Subject to the provisions of paragraph 3 of this Article, members of the consular post with respect to services rendered by them for the sending State, and members of their families forming part of their households, shall be exempt from social security provisions which may be in force in the receiving State.

一、除本条第三项另有规定外,领馆人员就其对派遣国所为之服务而言,以及与其构成同一户口之家属,应免适用接受国施行之社会保险办法。

2. The exemption provided for in paragraph 1 of this Article shall apply also to members of the private staff who are in the sole employ of members of the consular post, on condition:

二、专受领馆人员雇用之私人服务人员亦应享有本条第一项所规定之豁免,但以符合下列两项条件为限:

(a) that they are not nationals of or permanently resident in the receiving State; and

(一)非为接受国国民且不在该国永久居留者;

(b) that they are covered by the social security provisions which are in form in the sending State or a third State.

(二)受有派遣国或第三国所施行之社会保险办法保护者。

3. Members of the consular post who employ persons to whom the exemption provided for in paragraph 2 of this Article does not apply shall observe the obligations which the social security provisions of the receiving State impose upon employers.

三、领馆人员如其所雇人员不享受本条第二项所规定之豁免时,应履行接受国社会保险办法对雇用人所规定之义务。

4. The exemption provided for in paragraphs 1 and 2 of this Article shall no preclude voluntary participation in the social security system of the receiving State, provided that such participation is permitted by that State.

四、本条第一项及第二项所规定之豁免并不妨碍对于接受国社会保险制度之自愿参加,但以接受国许可参加为限。

Article 49 Exemption from taxation

第四十九条 免税

1. Consular officers and consular employees and members of their families forming part of their households shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except:

一、领事官员及领馆雇员以及与其构成同一户口之家属免纳一切对人或对物课征之国家、区域或地方性捐税,但下列各项不在此列:

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

(一)通常计入商品或劳务价格内之一类间接税;

(b) dues or taxes on private immovable property situated in the territory of the receiving State, subject to the provisions of Article 32;

(二)对于接受国境内私有不动产课征之捐税,但第三十二条之规定不在此限;

(c) estate, succession or inheritance duties, and duties on transfers, levied by the receiving State, subject to the provisions of paragraph (b) of Article 51;

(三)接受国课征之遗产税、遗产取得税或继承税及让与税,但第五十一条第(二)项之规定不在此限;

(d) dues and taxes on private income, including capital gains, having its source in the receiving State and capital taxes relating to investments made in commercial or financial undertakings in the receiving State;

(四)对于自接受国内获致之私人所得,包括资本收益在内,所课征之捐税以及对于在接受国内商务或金融事业上所为投资课征之资本税;

(e) charges levied for specific services rendered;

(五)为供给特定服务所征收之费用;

(f) registration, court or record fees, mortgage dues and stamp duties, subject to the provisions of Article 32.

(六)登记费、法院手续费或记录费、抵押税及印花税,但第三十二条之规定不在此限。

2. Members of the service staff shall be exempt from dues and taxes on the wages which they receive for their services.

二、领馆服务人员就其服务所得之工资,免纳捐税。

3. Members of the consular post who employ persons whose wages or salaries are not exempt from income tax in the receiving State shall observe the obligations which the laws and regulations of that State impose upon employers concerning the levying of income tax.

三、领馆人员如其所雇人员之工资薪给不在接受国内免除所得税时,应履行该国关于征收所得税之法律规章对雇用人所规定之义务。

Article 50 Exemption from customs duties and inspection

第五十条 免纳关税及免受查验

1. The receiving State shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all customs duties, taxes, and related charges other than charges for storage, cartage and similar services, on

一、接受国应依本国制定之法律规章,准许下列物品入境并免除一切关税以及贮存、运送及类似服务费用以外之一切其他课征:

(a) articles for the official use of the consular post;

(一)领馆公务用品;

(b) articles for the personal use of a consular officer or members of his family forming part of his household, including articles intended for his establishment.

(二)领事官员或与其构成同一户口之家属之私人自用品,包括供其初到任定居之用之物品在内。

The articles intended for consumption shall not exceed the quantities necessary for direct utilization by the persons concerned.

消费用品不得超过关系人员本人直接需用之数量。

2. Consular employees shall enjoy the privileges and exemptions specified in paragraph 1 of this Article in respect of articles imported at the time of first installation.

二、领馆雇员就其初到任时运入之物品,享有本条第一项所规定之特权与豁免。

3. Personal baggage accompanying consular officers and members of their families forming part of their households shall be exempt from inspection.

三、领事官员及与其构成同一户口之家属所携私人行李免受查验。

It may be inspected only if there is serious reason to believe that it contains articles other than those referred to in sub-paragraph (b) of paragraph 1 of this Article, or articles the import or export of which is prohibited by the laws and regulations of the receiving State or which are subject to its quarantine laws and regulations.

倘有重大理由认为其中装有不在本条第一项第(二)款之列之物品或接受国法律规章禁止进出口或须受其检疫法律规章管制之物品,始可查验。

Such inspection shall be carried out in the presence of the consular officer or member of his family concerned.

此项查验应在有关领事官员或其家属前为之。

Article 51 Estate of a member of the consular post or of a member of his family

第五十一条 领馆人员或其家属之遗产

In the event of the death of a member of the consular post or of a member of his family forming part of his household, the receiving State:

遇领馆人员或与其构成同一户口之家属死亡时,接受国:

(a) shall permit the export of the movable property of the deceased, with the exception of any such property acquired in the receiving State the export of which was prohibited at the time of his death;

(一)应许可亡故者之动产移送出国,但任何动产系在接受国内取得而在当事人死亡时禁止出口者不在此列;

(b) shall not levy national, regional or municipal estate, succession or inheritance duties, and duties on transfers, on movable property the presence of which in the receiving State was due solely to the presence in that State of the deceased as a member of the consular post or as a member of the family of a member of the consular post.

(二)对于动产之在接受国境内纯系因亡故者为领馆人员或领馆人员之家属而在接受国境内所致者,应不课征国家、区域或地方性遗产税、遗产取得税或继承税及让与税。

Article 52 Exemption from personal services and contributions

第五十二条 免除个人劳务及捐献

The receiving State shall exempt members of the consular post and members of their families forming part of their households from all personal services, from all public service of any kind whatsoever, and from military obligations such as those connected with requisitioning, military contributions and billeting.

接受国应准领馆人员及与其构成同一户口之家属免除一切个人劳务及所有各种公共服务,并免除类如有关征用、军事捐献及屯宿等之军事义务。

Article 53 Beginning and end of consular privileges and immunities

第五十三条 领事特权与豁免之开始及终止

1. Every member of the consular post shall enjoy the privileges and immunities provided in the present Convention from the moment he enters the territory of the receiving State on proceeding to take up his post or, if already in its territory, from the moment when he enters on his duties with the consular post.

一、各领馆人员自进入接受国国境前往就任之时起享有本公约所规定之特权与豁免,其已在该国境内者,自其就领馆职务之时起开始享有。

2. Members of the family of a member of the consular post forming part of his household and members of his private staff shall receive the privileges and immunities provided in the present Convention from the date from which he enjoys privileges and immunities in accordance with paragraph 1 of this Article or from the date of their entry into the territory of the receiving State or from the date of their becoming a member of such family or private staff, whichever is the latest.

二、领馆人员之与其构成同一户口之家属及其私人服务人员自领馆人员依本条第一项享受特权及豁免之日起,或自本人进入接受国国境之时起,或自其成为领馆人员之家属或私人服务人员之日期起,享有本公约所规定之特权与豁免,以在后之日期为准。

3. When the functions of a member of the consular post have come to an end, his privileges and immunities and those of a member of his family forming part of his household or a member of his private staff shall normally cease at the moment when the person concerned leaves the receiving State or on the expiry of a reasonable period in which to do so, whichever is the sooner, but shall subsist until that time, even in case of armed conflict.

三、领馆人员之职务如已终止,其本人之特权与豁免以及与其构成同一户口之家属或私人服务人员之特权与豁免通常应于各该人员离接受国国境时或其离境之合理期间终了时停止,以在先之时间为准,纵有武装冲突情事,亦应继续有效至该时为止。

In the case of the persons referred to in paragraph 2 of this Article, their privileges and immunities shall come to an end when they cease to belong to the household or to be in the service of a member of the consular post provided, however, that if such persons intend leaving the receiving State within a reasonable period thereafter, their privileges and immunities shall subsist until the time of their departure.

就本条第二项所称之人员而言,其特权与豁免于其不复为领馆人员户内家属或不复为领馆人员雇用时终止,但如此等人员意欲于稍后合理期间内离接受国国境,其特权与豁免应继续有效,至其离境之时为止。

4. However, with respect to acts performed by a consular officer or a consular employee in the exercise of his functions, immunity from jurisdiction shall continue to subsist without limitation of time.

四、惟关于领事官员或领馆雇员为执行职务所实施之行为,其管辖之豁免应继续有效,无时间限制。

5. In the event of the death of a member of the consular post, the members of his family forming part of his household shall continue to enjoy the privileges and immunities accorded to them until they leave the receiving State or until the expiry of a reasonable period enabling them to do so, whichever is the sooner.

五、遇领馆人员死亡,与其构成同一户口之家属应继续享有应享之特权与豁免至其离接受国国境时或其离境之合理期间终了时为止,以在先之时间为准。

Article 54 Obligations of third states

第五十四条 第三国之义务

1. If a consular officer passes through or is in the territory of a third State, which has granted him, a visa if a visa was necessary, while proceeding to take up or return to his post or when returning to the sending State, the third State shall accord to him all immunities provided for by the other Articles of the present Convention as may be required to ensure his transit or return.

一、遇领事官员前往就任或返任或返回派遣国道经第三国国境或在该国境内,而该国已发给其应领之签证时,第三国应给予本公约其他条款所规定而为确保其过境或返回所必需之一切豁免。

The same shall apply in the case of any member of his family forming part of his household enjoying such privileges and immunities who are accompanying the consular officer or travelling separately to join him or to return to the sending State.

与领事官员构成同一户口而享有特权与豁免之家属与领事官员同行时或单独旅行前往会聚或返回派遣国时,本项规定应同样适用。

2. In circumstances similar to those specified in paragraph 1 of this Article, third States shall not hinder the transit through their territory of other members of the consular post or of members of their families forming part of their households.

二、遇有类似本条第一项所述之情形,第三国不应阻碍其他领馆人员或与其构成同一户口之家属经过该国国境。

3. Third States shall accord to official correspondence and to other official communications in transit, including messages in code or cipher, the same freedom and protection as the receiving State is bound to accord under the present Convention.

三、第三国对于过境之来往公文及其他公务通讯,包括明密码电信在内,应比照接受国依本公约所负之义务,给予同样之自由及保护。

They shall accord to consular couriers who have been granted a visa, if a visa was necessary, and to consular bags in transit, the same inviolability and protection as the receiving State is bound to accord under the present Convention.

第三国遇有已领其所应领签证之领馆信差及领馆邮袋过境时,应比照接受国依本公约所负之义务,给予同样之不得侵犯权及保护。

4. The obligations of third States under paragraphs 1, 2 and 3 of this Article shall also apply to the persons mentioned respectively in those paragraphs, and to official communications and to consular bags, whose presence in the territory of the third State is due to force majeure.

四、第三国依本条第一项、第二项及第三项规定所负之义务,对于各该项内分别述及之人员与公务通讯及领馆邮袋之因不可抗力而在第三国境内者,亦适用之。

Article 55 Respect for the laws and regulations of the receiving state

第五十五条 尊重接受国法律规章

1. Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State.

一、在不妨碍领事特权与豁免之情形下,凡享有此项特权与豁免之人员均负有尊重接受国法律规章之义务。

They also have a duty not to interfere in the internal affairs of that State.

此等人员并负有不干涉该国内政之义务。

2. The consular premises shall not be used in any manner incompatible with the exercise of consular functions.

二、领馆馆舍不得充作任何与执行领事职务不相符合之用途。

3. The provisions of paragraph 2 of this Article shall not exclude the possibility of offices of other institutions or agencies being installed in part of the building in which the consular premises are situated, provided that the premises assigned to them are separate from those used by the consular post.

三、本条第二项之规定并不禁止于领馆馆舍所在之建筑物之一部分设置其他团体或机关之办事处,但供此类办事处应用之房舍须与领馆自用房舍隔离。

In that event, the said offices shall not, for the purposes of the present Convention, be considered to form part of the consular premises.

在此情形下,此项办事处在本公约之适用上,不得视为领馆馆舍之一部分。

Article 56 Insurance against third party risks

第五十六条 对于第三者损害之保险

Members of the consular post shall comply with any requirement imposed by the laws and regulations of the receiving State in respect of insurance against third party risks arising from the use of any vehicle, vessel or aircraft.

领馆人员对于接受国法律规章就使用车辆、船舶或航空机对第三者可能发生之损害所规定之任何保险办法,应加遵守。

Article 57 Special provisions concerning private gainful occupation

第五十七条 关于私人有偿职业之特别规定

1. Career consular officers shall not carry on for personal profit any professional or commercial activity in the receiving State.

一、职业领事官员不应在接受国内为私人利益从事任何专业或商业活动。

2. Privileges and immunities provided in this Chapter shall not be accorded:

二、下列人员不应享受本章所规定之特权及豁免:

(a) to consular employees or to members of the service staff who carry on any private gainful occupation in the receiving State:

(一)在接受国内从事私人有偿职业之领馆雇员或服务人员;

(b) to members of the family of a person referred to in sub-paragraph (a) of this paragraph or to members of his private staff;

(二)本项第(一)款所称人员之家属或其私人服务人员;

(c) to members of the family of a member of a consular post who themselves carry on any private gainful occupation in the receiving State.

(三)领馆人员家属本人在接受国内从事私人有偿职业者。

CHAPTER III REGIME RELATING TO HONORARY CONSULAR OFFICERS AND CONSULAR POSTS HEADED BY SUCH OFFICERS

第三章 对于名誉领事官员及以此等官员为馆长之领馆所适用之办法

Article 58 General provisions relating to facilities, privileges and immunities

第五十八条 关于便利、特权及豁免之一般规定

1. Articles 28, 29, 30, 34, 35, 36, 37, 38 and 39, paragraph 3 of Article 54 and paragraphs 2 and 3 of Article 55 shall apply to consular posts headed by an honorary consular officer.

一、第二十八条、第二十九条、第三十条、第三十四条、第三十五条、第三十六条、第三十七条、第三十八条、第三十九条、第五十四条第三项、第五十五条第二项及第三项对于以名誉领事官员为馆长之领馆应适用之。

In addition, the facilities, privileges and immunities of such consular posts shall be governed by Articles 59, 60, 61 and 62.

此外,关于此等领馆所享之便利、特权及豁免应适用第五十九条、第六十条、第六十一条及第六十二条之规定。

2. Articles 42 and 43, paragraph 3 of Article 44, Articles 45 and 53 and paragaph 1 of Article 55 shall apply to honorary consular officers.

二、第四十二条及第四十三条、第四十四条第三项、第四十五条、第五十三条及第五十五条第一项之规定应适用于名誉领事官员。

In addition, the facilities, privileges and immunities of such consular officers shall be governed by Articles 63, 64, 65, 66 and 67.

此外,关于此等领事官员所享之便利、特权及豁免应适用第六十三条、第六十四条、第六十五条、第六十六条及第六十七条之规定。

3. Privileges and immunities provided in the present Convention shall not be accorded to members of the family of an honorary consular officer or of a consular employee employed at a consular post headed by an honorary consular officer.

三、名誉领事官员之家属及以名誉领事官员为馆长之领馆所雇用雇员之家属不得享受本公约所规定之特权及豁免。

4. The exchange of consular bags between two consular posts headed by honorary consular officers in different States shall not be allowed without the consent of the two receiving States concerned.

四、不同国家内以名誉领事官员为馆长之两个领馆间,非经两有关接受国同意,不得互换领馆邮袋。

Article 59 Protection of the consular premises

第五十九条 领馆馆舍之保护

The receiving State shall take such steps as may be necessary to protect the consular premises of a consular post headed by an honorary consular officer against any intrusion or damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity.

接受国应采取必要步骤保护以名誉领事官员为馆长之领馆馆舍使不受侵入或损害,并防止任何扰乱领馆安宁或有损领馆尊严之情事。

Article 60 Exemption from taxation of consular premises

第六十条 领馆馆舍免税

1. Consular premises of a consular post headed by an honorary consular officer of which the sending State is the owner or lessee shall be exempt from all national, regional or municipal dues and taxes whatsoever, other than such as represent payment for specific services rendered.

一、以名誉领事官员为馆长之领馆馆舍,如以派遣国为所有权人或承租人,概免缴纳国家、区域或地方性之一切捐税,但其为对供给特定服务应纳之费者不在此列。

2. The exemption from taxation, referred to in paragraph 1 of this Article shall not apply to such dues and taxes if, under the laws and regulations of the receiving State, they are payable by the person who contracted with the sending State.

二、本条第一项所称之免税,对于与派遣国订立承办契约之人依接受国法律规章应纳之捐税不适用之。

Article 61 Inviolability of consular archives and documents

第六十一条 领馆档案及文件不得侵犯

The consular archives and documents of a consular post headed by an honorary consular officer shall be inviolable at all times and wherever they may be, provided that they are kept separate from other papers and documents and, in particular, from the private correspondence of the head of a consular post and any person working with him, and from the materials, books or documents relating to their profession or trade.

领馆以名誉领事官员为馆长者,其领馆档案及文件无论何时亦不论位于何处,均属不得侵犯,但此等档案及文件以与其他文书及文件,尤其与领馆馆长及其所属工作人员之私人信件以及关于彼等专业或行业之物资、簿籍或文件分别保管者为限。

Article 62 Exemption from customs duties

第六十二条 免纳关税

The receiving State shall, in accordance with such laws and regulations as it may adopt, permit entry of, and grant exemption from all customs duties, taxes, and related charges other than charges for storage, cartage and similar services on the following articles, provided that they are for the official use of a consular post headed by an honorary consular officer: coats-of-arms, flags, signboards, seals and stamps, books, official printed matter, office furniture, office equipment and similar articles supplied by or at the instance of the sending State to the consular post.

接受国应依本国制定之法律规章,准许下列物品入境并免除一切关税以及贮存、运送及类似服务费用以外之一切其他课征,但以此等物品系供以名誉领事官员为馆长之领馆公务上使用者为限:国徽、国旗、牌匾、印章、簿籍、公务印刷品、办公室用具、办公室设备以及由派遣国或应派遣国之请供给与领馆之类似物品。

Article 63 Criminal proceedings

第六十三条 刑事诉讼

If criminal proceedings are instituted against an honorary consular officer, he must appear before the competent authorities.

如对名誉领事官员提起刑事诉讼,该员须到管辖机关出庭。

Nevertheless, the proceedings shall be conducted with the respect due to him by reason of his official position and, except when he is under arrest or detention, in a manner which will hamper the exercise of consular functions as little as possible.

惟诉讼程序进行时,应顾及该员所任职位予以适当尊重,且除该员已受逮捕或羁押外,应尽量避免妨碍领事职务之执行。

When it has become necessary to detain an honorary consular officer, the proceedings against him shall be instituted with the minimum of delay.

遇确有羁押名誉领事官员之必要时,对该员提起诉讼,应尽速办理。

Article 64 Protection of honorary consular officers

第六十四条 对名誉领事官员之保护

The receiving State is under a duty to accord to an honorary consular officer such protection as may be required by reason of his official position.

接受国负有义务对名誉领事官员给予因其所任职位关系而需要之保护。

Article 65 Exemption from registration of aliens and residence permits

第六十五条 免除外侨登记及居留证

Honorary consular officers, with the exception of those who carry on for personal profit any professional or commercial activity in the receiving State, shall be exempt from all obligations under the laws and regulations of the receiving State in regard to the registration of aliens and residence permits.

名誉领事官员,除在接受国内为私人利益从事任何专业或商业活动者外,应免除接受国法律规章就外侨登记及居留证所规定之一切义务。

Article 66 Exemption from taxation

第六十六条 免税

An honorary consular officer shall be exempt from all dues and taxes on the remuneration and emoluments which he receives from the sending State in respect of the exercise of consular functions.

名誉领事官员因执行领事职务向派遣国支领之薪酬免纳一切捐税。

Article 67 Exemption from personal services and contributions

第六十七条 免除个人劳务及捐献

The receiving State shall exempt honorary consular officers from all personal services and from all public services of any kind whatsoever and from military obligations such as those connected with requisitioning, military contributions and billeting.

接受国应准名誉领事官员免除一切个人劳务及所有各种公共服务,并免除类如有关征用、军事捐献及屯宿等之军事义务。

Article 68 Optional character of the institution of honorary consular officers

第六十八条 名誉领事官员制度由各国任意选用

Each State is free to decide whether it will appoint or receive honorary consular officers.

各国可自由决定是否委派或接受名誉领事官员。

CHAPTER IV GENERAL PROVISIONS

第四章 一般条款

Article 69 Consular agents who are not heads of consular posts

第六十九条 非为领馆馆长之领事代理人

1. Each State is free to decide whether it will establish or admit consular agencies conducted by consular agents not designated as heads of consular post by the sending State.

一、各国可自由决定是否设立或承认由派遣国并未派为领馆馆长之领事代理人主持之领事代理处。

2. The conditions under which the consular agencies referred to in paragraph 1 of this Article may carry on their activities and the privileges and immunities which may be enjoyed by the consular agents in charge of them shall be determined by agreement between the sending State and the receiving State.

二、本条第一项所称之领事代理处执行职务之条件以及主持代理处之领事代理人可享之特权及豁免由派遣国与接受国协议定之。

Article 70 Exercise of consular functions by diplomatic missions

第七十条 使馆承办领事职务

1. The provisions of the present Convention apply also, so far as the context permits, to the exercise of consular functions by a diplomatic mission.

一、本公约之各项规定,在其文义所许可之范围内,对于使馆承办领事职务,亦适用之。

2. The names of members of a diplomatic mission assigned to the consular section or otherwise charged with the exercise of the consular functions of the mission shall be notified to the Ministry for Foreign Affairs of the receiving State or to the authority designated by that Ministry.

二、使馆人员派任领事组工作者,或另经指派担任使馆内领事职务者,其姓名应通知接受国外交部或该部指定之机关。

3. In the exercise of consular functions a diplomatic mission may address:

三、使馆执行领事职务时得与下列当局接洽:

(a) the local authorities of the consular district;

(一)其辖区内之地方当局;

(b) the central authorities of the receiving State if this is allowed by the laws, regulations and usages of the receiving State or by relevant international agreements.

(二)接受国之中央当局,但以经接受国之法律规章与惯例或有关国际协定所许可者为限。

4. The privileges and immunities of the members of a diplomatic mission referred to in paragraph 2 of this Article shall continue to be governed by the rules of international law concerning diplomatic relations.

四、本条第二项所称使馆人员之特权与豁免仍以关于外交关系之国际法规则为准。

Article 71 Nationals or permanent residents of the receiving state

第七十一条 接受国国民或永久居民

1. Except in so far as additional facilities, privileges and immunities may be granted by the receiving State, consular officers who are nationals of or permanently resident in the receiving State shall enjoy only immunity from jurisdiction and personal inviolability in respect of official acts performed in the exercise of their functions, and the privilege provided in paragraph 3 of Article 44.

一、除接受国特许享有其他便利、特权与豁免外,领事官员为接受国国民或永久居民者,仅就其为执行职务而实施之公务行为享有管辖之豁免及人身不得侵犯权,并享有本公约第四十四条第三项所规定之特权。

So far as these consular officers are concerned, the receiving State shall likewise be bound by the obligation laid down in Article 42.

就此等领事官员而言,接受国应同样负有第四十二条所规定之义务。

If criminal proceedings are instituted against such a consular officer, the proceedings shall, except when he is under arrest or detention, be conducted in a manner which will hamper the exercise of consular functions as little as possible.

如对此等领事官员提起刑事诉讼,除该员已受逮捕或羁押外,诉讼程序之进行,应尽量避免妨碍领事职务之执行。

2. Other members of the consular post who are nationals of or permanently resident in the receiving State and members of their families, as well as members of the families of consular officers referred to in paragraph 1 of this Article, shall enjoy facilities, privileges and immunities only in so far as these are granted to them by the receiving State.

二、其他为接受国国民或永久居民之领馆人员及其家属,以及本条第一项所称领事官员之家属,仅得在接受国许可之范围内享有便利、特权与豁免。

Those members of the families of members of the consular post and those members of the private staff who are themselves nationals of or permanently resident in the receiving State shall likewise enjoy facilities, privileges and immunities only in so far as these are granted to them by the receiving State.

领馆人员家属及私人服务人员本人为接受国国民或永久居民者,亦仅得在接受国许可之范围内享有便利、特权及豁免。

The receiving State shall, however, exercise its jurisdiction over those persons in such a way as not to hinder unduly the performance of the functions of the consular post.

但接受国对此等人员行使管辖时,应避免对领馆职务之执行有不当之妨碍。

Article 72 Non-discrimination

第七十二条 无差别待遇

1. In the application of the provisions of the present Convention the receiving State shall not discriminate as between States.

一、接受国适用本公约之规定时,对各国不得差别待遇。

2. However, discrimination shall not be regarded as taking place:

二、惟下列情形不以差别待遇论:

(a) where the receiving State applies any of the provisions of the present Convention restrictively because of a restrictive application of that provision to its consular posts in the sending State;

(一)接受国因派遣国对接受国领馆适用本公约之任何规定时有所限制,对同一规定之适用亦予限制;

(b) where by custom or agreement States extend to each other more favourable treatment than is required by the provisions of the present Convention.

(二)各国依惯例或协定彼此间给予较本公约规定为优之待遇。

Article 73 Relationship between the present convention and other international agreements

第七十三条 本公约与其他国际协定之关系

1. The provisions of the present Convention shall not affect other international agreements in force as between States parties to them.

一、本公约之规定不影响当事国间现行有效之其他国际协定。

2. Nothing in the present Convention shall preclude States from concluding international agreements confirming or supplementing or extending or amplifying the provisions thereof.

二、本公约并不禁止各国间另订国际协定以确认、或补充、或推广、或引申本公约之各项规定。

Article 74 Signature

第七十四条 签署

The present Convention shall be open for signature by all States Members of the United Nations or of any of the specialized agencies or Parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a Party to the Convention, as follows until 31 October 1963 at the Federal Ministry for Foreign Affairs of the Republic of Austria and subsequently, until 31 March 1964, at the United Nations Headquarters in New York.

本公约应听由联合国或任何专门机关之全体会员国、或国际法院规约当事国、及经联合国大会邀请成为本公约当事一方之任何其他国家签署,其办法如下:至一九六三年十月三十一日止在奥地利共和国联邦外交部签署,其后至一九六四年三月三十一日止在纽约联合国会所签署。

Article 75 Ratification

第七十五条 批准

The present Convention is subject to ratification.

本公约须经批准。

The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

批准文件应送交联合国秘书长存放。

Article 76 Accession

第七十六条 加入

The present Convention shall remain open for accession by any State belonging to any of the four categories mentioned in Article 74.

本公约应听由属于第七十四条所称四类之一之国家加入。

The instruments of accession shall be deposited with the Secretary-General of the United Nation&

加入文件应送交联合国秘书长存放。

Article 77 Entry into force

第七十七条 生效

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.

一、本公约应于第二十二件批准或加入文件送交联合国秘书长存放之日后第三十日起发生效力。

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.

二、对于在第二十二件批准或加入文件存放后批准或加入本公约之国家,本公约应于各该国存放批准或加入文件后第三十日起发生效力。

Article 78 Notifications by the Secretary-General

第七十八条 秘书长之通知

The Secretary-General of the United Nations shall inform all States belonging to any of the four categories mentioned in Article 74:

联合国秘书长应将下列事项通知所有属于第七十四条所称四类之一之国家:

(a) of signatures to the present Convention and of the deposit of instruments of ratification or accession, in accordance with Articles 74, 75 and 76;

(一)依第七十四条、第七十五条及第七十六条对本公约所为之签署及送存之批准或加入文件;

(b) of the date on which the present Convention will enter into force, in accordance with Article 77.

(二)依第七十七条本公约发生效力之日期。

Article 79 Authentic texts

第七十九条 作准文本

The original of the present Convention, of which the Chinese, English French, Russian and Spanish texts are equally authentic shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States belonging to any of the four categories mentioned in Article 74.

本公约之原本应交联合国秘书长存放,其中文、英文、法文、俄文及西班牙文各本同一作准;秘书长应将各文正式副本分送所有属于第七十四条所称四类之一之国家。

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.

为此,下列全权代表,各秉本国政府正式授予签字之权,谨签字于本公约,以昭信守。

DONE at Vienna, this twenty-fourth day of April, one thousand nine hundred and sixty-three.

公历一千九百六十三年四月二十四日订于维也纳。