Consular Conventions Act

Chapter number: 
43
In force: 
Yes

 

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CONSOLIDATED TO 30 JUNE 2012

LAWS OF SEYCHELLES

CHAPTER 43

 

CONSULAR CONVENTIONS ACT

[8th May, 1950]

Act  7 of 1950.

Act 28 of 1950

S.I.95 of 1975

S.I. 72 of 1976

Act 23 of 1976

Dec 31 of 1979

 

ARRANGEMENT OF SECTIONS

 

 

1.      Short title.

2.      Powers of consular officers in relation to property in Seychelles of deceased persons.

3.      Supplementary provisions as to section 2.

4.      Application of section 2.

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1.      This Act may be cited as the Consular Conventions Act

 

2.      (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 Seychelles, then if the court is satisfied on the application of a consular officer of the said State that the said national is not resident in Seychelles the court may make an order empowering such officer to act as though he were such an executor.

(2) Where any person who is a national of a State to which this section applies –

(a)        is entitled to any money or other property in Seychelles forming part of the estate of a deceased person, or to receive payment in Seychelles of any money becoming due on the death of a deceased person, or

(b)        is among the persons to whom any money or other property of a deceased person may under any enactment, whether passed before or after the commencement of this Act, be paid or delivered without proof of title,

then if the said national is not resident in Seychelles, a consular officer of that State shall have the like right and power to receive and give a valid discharge for any such money or property as if he were duly authorised by power of attorney to act for him in that behalf:

Provided that no person shall be authorised 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 Seychelles has been expressly authorised to receive that money or property on behalf of the said national.

3.      Notwithstanding any rule of law 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 2, or in respect of any document for the time being in his possession relating thereto.

4.      (1)        The President may by order direct that section 2 shall apply to any foreign State specified in the order being a State with which a consular convention providing for matters for which provision is made by that section has been concluded.

 (2) Any order made under this section shall be laid before the next subsequent meeting of the People's Assembly.

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*Section 4 is omitted in view of the fact that the corresponding provisions in the Privileges and Immunities (Diplomatic, Consular and International Organizations) Act, Section 5 have been incorporated in Section 35 of Wrecks, Casualties and Salvage Act Cap 220 1971 Ed.  Accordingly section 6 has been renumbered as section 4.

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 LAWS OF SEYCHELLES

CHAPTER 43

 

CONSULAR CONVENTIONS ACT

 

SUBSIDIARY LEGISLATION

 

SECTION 4

 

Orders under section 4 have been made by the statutory instruments specified in column 1 of the schedule in respect of the States specified in the corresponding entry in column 2 of the schedule with effect from the date specified in the corresponding entry in column 3 of that schedule.

 

SCHEDULE

 

STATUTORY           STATE                                               DATE

 INSTRUMENT

 

GN.329/1951     ..... KINGDOM OF NORWAY........... 12th November 1951

 

P84/1952           ...... KINGDOM OF SWEDEN        ..... 24th November 1952

 

P29/1954   .............. FRENCH REPUBLIC          ......... 22nd March 1954

 

P44/1954            ..... KINGDOM OF GREECE    .......... 17th May 1954

 

P35/1955     ........... UNITED STATES OF

                   ............. MEXICO                  ....................... 17th October 1955

 

S.I.12/1958 ............ FEDERAL REPUBLIC OF

                 ............... GERMANY               ...................... 21st July 1958

 

S.I.13/1958............. ITALIAN REPUBLIC................... 21st July 1958

 

S.I  3/1964.............. REPUBLIC OF AUSTRIA............ 13th January 1964

 

SI 25/1965.............. KINGDOM OF BELGIUM............ 26th April 1965

 

SI 11/1966.............. JAPAN                  ....................... 17th January 1966

 

SI 88/1967.............. SOCIALIST FEDERAL

REPUBLIC OF YUGOSLAVIA………………………11th December 1967

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