Section 3: Application of Vienna Convention

3. Application of Vienna Convention (1) Subject to sections 4 and 5 (2), the Articles of the Convention shall have the force of law in Mauritius. (2) In the Articles— “authorities of the receiving State” includes any constable and any person exercising a power of entry to any premises under any enactment; C40 – 1 [Issue 1] Consular Relations Act “grave crime” means any offence punishable on a first conviction by penal servitude; “Ministry for Foreign Affairs” means the Ministry; “national of the receiving State” means a citizen of Mauritius. (3) The reference in Article 17 (2) to any privileges and immunities accorded by customary international law or by international agreements shall be construed as a reference to any privileges and immunities conferred under the International Organisations and Conferences (Privileges and Immunities) Act. (4) The references in Article 44 to matters connected 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 consular officers or consular employees. (5) For the purposes of Articles 45 and 58, a waiver shall be deemed to have been expressed by a State if it has been expressed by the head, or any person performing the functions of head, of the diplomatic mission of that State or, if there is no such mission, of the consular post concerned. (6) Articles 50, 51, 52, 54, 62 and 67 shall be construed as granting any privilege or immunity which they require to be granted. (7) 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. (8) The reference in Article 70 to the rules of international law concerning diplomatic relations shall be construed as a reference to the Diplomatic Relations Act. (9) The references in Article 71 to additional privileges 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 to such privileges and immunities as may be specified by regulations made by the Minister.