Malaysia legislation

Section 3

of DIPLOMATIC PRIVILEGES (VIENNA CONVENTION) ACT 1966

Section 3

Application of Vienna Convention

(1)

Subject to section 4, the Articles set out in the Schedule

(being Articles of the Vienna Convention on Diplomatic Relations signed in 1961) shall have the force of law in Malaysia and shall for that purpose be construed in accordance with the following provisions of this section.

(2)

In those Articles—

“agents of the receiving State” shall be construed as including any police officer and any person exercising a power of entry to any premises under any written law in force in Malaysia;

“national of the receiving State” shall be construed as meaning a federal citizen.

(3)

For the purposes of Article 32, a waiver by the head of a mission of any State or any person for the time being performing his functions shall be deemed to be a waiver by that State.

(4)

Articles 35, 36 and 40 shall be construed as granting any privilege or immunity which they require to be granted.

(5)

The references in Articles 37 and 38 to the extent to which any privileges and immunities are admitted by the receiving

State and to the additional privileges and immunities that may be granted by the receiving State shall be construed as referring respectively to the extent to which any privileges and immunities may be specified by the Yang di-Pertuan Agong by order published in the Gazette and to any additional privileges and immunities that may be so specified.

Application of Act to specified body or political entity 3a. The provisions of this Act shall, to such extent and with such modifications as the Yang di-Pertuan Agong may deem necessary,

*Note—This section refers to the Diplomatic and Consular Privileges Ordinance 1957

[F.M. 53 of 1957] which has been repealed—see section 5 of Act A1064.



Diplomatic Privileges (Vienna Convention)

apply in respect of such body or political entity as he may by

*order published in the Gazette specify.

Section 3 — DIPLOMATIC PRIVILEGES (VIENNA CONVENTION) ACT 1966