Section 2

Subject to section 3 and to subsection (2) of sec-tion 4, the provisions set out in the First Schedule (being

Articles or parts of Articles of the Vienna Convention on

Consular Relations signed in 1963) shall have the force of law in Brunei and shall for that purpose be construed in accordance with subsections (2) to (9) of this section.

Application of Vienna

Convention

In those provisions -

"authorities of the receiving State" shall be con-strued as including any police officer and any per-son exercising a power of entry to any premises under any act;

"grave crime" shall be construed as meaning any offence punishable (on a first conviction) with im-prisonment for a term that may extend to 5 years or with a more severe sentence;

B. L.R. 0. 1 I 1984

4

Consular Relations

"national of the receiving State" shall be construed

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as meaning a citizen of Brunei.

The reference in paragraph 2 of Article 17 to any privileges and immunities accorded by customary interna~

tionallaw or by international agreements shall be construed as a reference to any privileges and immunities conferred in

'

Cap. 85

Brunei under the Diplomatic Privileges (Extension) Act.

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( 4) The references in Article 44 to matters con~

nected with the exercise of the functions of members of a consular post shall be construed as references to matters connected with the exercise of consular functions by consu-lar officers or consular employees.

For the purposes of Article 45 and that Article as applied by Article 58 a waiver shall be deemed to have been expressed by a State if it has been expressed by the head, or any person for the time being performing the functions of head, of the superintending diplomatic mission of that State or of the consular post concerned.

Articles 50, 51, 52, 54, 62 and 67 shall be con-strued as granting any privilege or immunity which they require to be grant~d.

The reference in Article 57 to the privileges and immunities provided in Chapter II shall be construed as referring to those provided in Section II of that Chapter.

The reference in Article 70 to the rules of inter-national law concerning diplomatic relations shall be con-strued as a reference to the provisions of the Diplomatic

Cap. 117

Privileges (Vienna Convention) Act.

The references in Article 71 to additional pri~

vileges and immunities that may be granted by the receiving

State or to privileges and immunities so far as these are granted by the receiving State shall be construed as referring

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Consular Relations to such privileges and immunities as may be specified by His

Majesty by an Order published in the Government Gazette.