                       CONSULAR CONVENTIONS                     g CAP. 144.          1
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 Act I of
1966.
Short title.
Interpretation. 
Amended by:
I. 1966.13.
2. (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 section 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.
* See  Government Notice No. 587 of 28th October, 1955.
  2        CAP. 144. h                 CONSULAR CONVENTIONS  
Power of consular 
officers in relation 
to property in 
Malta of deceased 
persons.
3. (1) Where any person who is a national of a State to which
this section 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 section, 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
section 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
subsection 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 section 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
the person on whose behalf it has become payable or transferable to
such consular officer.
                       CONSULAR CONVENTIONS                     g CAP. 144.          3
(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.
Supplementary 
provisions as to 
section 3.
4. Notwithstanding the provisions of sections 9 and 10 of this
Act 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 section 3 of this Act, or in
respect of any document for the time being in his possession
relating thereto.
Restrictions of 
powers of entry in 
relation to consular 
offices.  Amended 
by: 
XV. 1958.2; 
XXV.1962.2; 
I. 1966.13.
5. (1) Subject to the provisions of this section, a consular
office of a State to which this section 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 subsection 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 section 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 section the expression "consular
office" means any building or part of a building which is
exclusively occupied for the purposes of the official business of a
consular officer.
Application of 
sections 3 and 5. 
Amended by: 
XV.1958.2; 
XXV.1962.2; 
L.N. 46 of 1965; 
I.1966.13.
6. (1) The Minister may by order direct that section 3 or
section 5 or both of such sections of this Act 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 sections has been concluded.
(2) Any order made under this section may be revoked by
subsequent order.
(3) Any order made under this section shall be laid before the
  4        CAP. 144. h                 CONSULAR CONVENTIONS  
House of Representatives as soon as possible after being made.
Estates of deceased 
seaman.
7. 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.
Disposal of foreign 
wrecked ships or 
articles on such 
ships.  Amended by: 
XV. 1958.2; 
XXV.1962.2; 
I. 1966.13.
8. 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 authorized in that 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:
Cap. 10.
  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 section 224
of the Code of Police Laws, he may take such action as he may
think fit to remove such hazard or such obstruction.
Consular 
documents exempt 
from production in 
court.
9. (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.
Exemption from 
liability.
10. (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 subsection 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
section 9 shall not entitle a consular officer or employee to refuse
to produce any document or to give evidence relating to any such
contract.
                       CONSULAR CONVENTIONS                     g CAP. 144.          5
(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.
