CONSULAR CONVENTIONS ACT

CONSULAR CON VENTIONS

CHAPTER 144

CONSULAR CONVENTIONS ACT

To confer upon the consular officers of foreign States with which

consular conventions are concluded certain powers relating to the

administration of the hereditary estate of deceased persons; to confer on

consular officers certain rights relating to deceased seamen and to

wrecked ships; to restrict the powers of the Police and other persons to

enter the consular offices of such States, and to give consular officers

certain other rights recognized by international law.

(27th October, 1955) *

Enacted by ACT XXXI of 1955, as amended by Emergency Ordinance XV

of 1958; Ordinance XXV of 1962; Legal Notice 46 of 1965; and Acts I of

1966 and II of 2015.

This Act may be cited as the Consular Conventions Act.

(1)

In this Act unless the context otherwise requires -

"consular employee" means any person employed at a consulate

in a subordinate capacity provided that his name has been duly

communicated by the consular officer to the Minister, but does not

include any person employed on domestic duties;

"consular officer" means any person who is granted an exequatur

or a provisional or other authorisation to act in such capacity in

Malta;

"Malta" has the same meaning as is assigned to it by article 124

of the Constitution of Malta;

"Minister" means the Minister for the time being responsible for

external affairs.

(2) References in this Act to "consular officers" and "consular

employees" shall be construed as including references to persons in

the service of any Commonwealth country other than Malta holding

such offices or classes of offices as may be specified by the

Minister by notice in the Government Gazette being offices or

classes of offices appearing to the Minister to involve the

performance of duties substantially corresponding to those which,

in the case of a foreign State, would be performed by consular

officers and consular employees respectively and "consular office"

shall be construed accordingly.

(3) The Minister may compile a list of Commonwealth

countries for the purposes of this Act and shall cause such list and

any amendment of such list or amended list to be published by

notice in the Government Gazette.

(4) Notwithstanding the provisions of sub-article (3), the

provisions of the Vienna Convention on Consular Relations, signed

in Vienna on the 24th April 1963 shall be applicable to the

*See Government Notice No. 587 of 28th October, 1955.

CONSULAR CONVENTIONS

provisions of this Act.

(1) Where any person who is a national of a State to which

this article applies is named as executor in the will of a deceased

person disposing of property in Malta, or is otherwise a person who

could be appointed or confirmed as executor or curator of the estate

in Malta of a deceased person then if the court is satisfied, on the

application of a consular officer of such State, that such national is

not resident in Malta and that he is not represented by a person duly

authorized by power of attorney to act for him in that behalf, the

court shall make an order appointing or confirming such officer as

curator or executor of the estate of the deceased as if the said

officer were so authorized as aforesaid.

(2) Where the court has granted an application for appointment

or confirmation as executor or curator of the estate of a deceased

person made by a consular officer by virtue of this article, that

officer or his successors in office shall be entitled to receive and

administer the said estate and to do all things necessary in that

behalf as if duly authorized so to act by power of attorney granted

by the executor.

(3) Where any person who is a national of a State to which this

article applies -

(a) is entitled to payment or delivery of any money or

property in respect of any interest in the estate of a

deceased person, or is entitled to payment or delivery

of any money or property becoming due on the death

of any person; or

(b) is a person to whom any money or property comprised

in the estate of a deceased person may be paid or

delivered under any law whether passed before or after

the commencement of this Act, authorising the

payment or delivery of such money or property

without the succession of the deceased person being

declared open in his favour,

then if the said national is not resident in Malta, a consular officer

of that State shall have the like right and power to give a valid

discharge for any such money or property in Malta to take all such

steps as may be necessary for completing the title of the said

national to such property and to administer or dispose of that

property as if he were duly authorized by power of attorney to act

for him in that behalf

Provided that no person shall be authorized or required by

this subarticle to pay or deliver any money or property to a consular

officer if it is within his knowledge that any other person in Malta

has been expressly authorized to receive that money or property on

behalf of the said national

Provided further that any money or other property paid,

delivered or transferred to a consular officer under the provisions

of this article shall remain subject to such conditions or liabilities

as would have attached to such money or other property under any

law in force in Malta had the money or property been received by

CONSULAR CON VENTIONS

the person on whose behalf it has become payable or transferable to

such consular officer.

(4) Notwithstanding anything to the contrary contained in any

other law in force in Malta, a consular officer shall not be required

to give security for the proper administration of the estate or

property aforesaid.

Notwithstanding the provisions of articles 9 and 10 or of

any law or recognized international custom conferring immunity or

privilege in respect of the official acts and documents of consular

officers, a consular officer shall not be entitled to any immunity or

privilege in respect of any act done by virtue of powers conferred

on him by or under article 3 of this Act, or in respect of any

document for the time being in his possession relating thereto.

(1) Subject to the provisions of this article, a consular

office of a State to which this article applies shall not be entered by

any member of the Police force or other person acting in the

execution of any warrant or other legal process or in the exercise of

power conferred by or under any other law (whether passed before

or after the commencement of this Act), or otherwise, except with

the consent of the consular officer in charge of that office or, if that

consent is withheld or cannot be obtained, with the consent of the

Minister

Provided that the foregoing provisions of this subarticle

shall not apply in relation to any entry effected -

(a) by a member of the Police force for the purpose of

extinguishing fire or preventing other disaster;

(b) by a member of the Police force having reasonable

cause to believe that a crime involving violence has

been or is being or is about to be committed in the

consular office;

(c) by any person entitled to enter by virtue of any

easement, contract or other private right.

(2) This article shall not apply to any consular office which for

the time being is in the charge of a consular officer who is a citizen

of Malta or is not a national of the State by which that office is

maintained.

(3) For the purposes of this article the expression "consular

o ff i c e " m e a n s a n y b u i l d i n g o r p a r t o f a b u i l d i n g w h i c h i s

exclusively occupied for the purposes of the official business of a

consular officer.

(1) The Minister may by order direct that article 3 or

article 5 or both of such articles shall apply to any Commonwealth

country specified in such order or to any foreign State, specified in

such order, being a State with which a consular convention

providing for matters for which provision is made by those articles

has been concluded.

(2) Any order made under this article may be revoked by

subsequent order.

CONSULAR CONVENTIONS

(3) Any order made under this article shall be laid before the

House of Representatives as soon as possible after being made.

Where any money or other property in Malta belonging to

the estate of a deceased seaman may be paid or delivered to any

person who is resident in a foreign State, such money or property

may be paid or delivered to a consular officer of that State on

behalf of that person.

Where any foreign ship or any article belonging to or

forming part of a foreign ship which has been wrecked on or near

the coasts of Malta, or belonging to and forming part of the cargo,

is found on or near those coasts or is brought into any port in Malta,

the consular officer of the country to which the ship or in the case

of cargo to which the owners of the cargo may belong, or any other

consular officer a uthorized in t hat behalf by any treaty or

arrangement with that country, shall, in the absence of the owner

and of the master or other mandatory of the owner, be deemed to be

the mandatory of the owner, so far as relates to the custody and

disposal of such ship or article

Provided that, if the Minister considers such ships or any such

articles to constitute a navigational hazard within the territorial

waters of Malta or an obstruction within the meaning of article 224

of the Code of Police Laws, he may take such action as he may

think fit to remove such hazard or such obstruction.

(1) Any consular officer or employee shall be entitled to

refuse to produce in court or before or to any authority any

document from the consular archives or other official papers or to

give evidence relating to matters within the scope of his official

duties.

(2) A consular officer is likewise entitled to decline to give

evidence as an expert witness with regard to the law of the State by

which he is appointed.

(1) A consular officer or employee shall not be liable in

proceedings in the courts, in respect of acts performed in his

official capacity, falling within the functions of a consular officer

unless his Government requests or assents to the proceedings

through its diplomatic representative

Provided that nothing in this subarticle shall preclude a

consular officer or employee from being held liable in a civil action

arising out of a contract concluded by him in which he did not

expressly contract as agent for his Government and in which the

other party looked to him for performance, and the provisions of

article 9 shall not entitle a consular officer or employee to refuse to

produce any document or to give evidence relating to any such

contract.

(2) Any court or authority requiring the testimony of any

consular officer shall take all reasonable steps to avoid interference

with the performance of his official duties and shall, wherever

possible or permissible, arrange for the taking of such testimony at

his residence or office.