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Diplomatic Immunities (Common wealth Countries Representatives), Act, 1957

Act· 1957· 4 pages
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Summary

This 1957 Act extends diplomatic-style legal protections to representatives of Commonwealth countries stationed in Pakistan — people who, because the Commonwealth relationship is different from ordinary foreign diplomacy, would not automatically get standard diplomatic immunity as "envoys" of a foreign power.

Section 3 gives a Commonwealth country's "chief representative" (such as a High Commissioner) the same immunity from legal suits and process, and the same inviolability of residence, official premises, and archives, that an envoy of a foreign sovereign power would have. Section 4 extends similar immunity from suit and legal process to the chief representative's family, staff, and the families of official staff — though if a staff member is (or is treated as) a Pakistani citizen, their immunity only covers things done in the course of their official duties, and their family gets no immunity at all.

Section 5 lets the President make rules extending consular-style immunity to other Commonwealth government officials holding prescribed offices, once formally recognised. Section 6 allows a chief representative to waive immunity on behalf of themselves, their family, or staff, and lets an individual waive immunity that rules have conferred on them personally. Section 7 lets the Government issue a certificate that conclusively settles, in any legal proceeding, whether someone is entitled to this immunity.

Section 8 gives the President rule-making power, including a reciprocity mechanism: if Pakistan's own representatives are not given equivalent treatment in another Commonwealth country, the rules can curtail or withdraw that country's representatives' immunities in Pakistan accordingly. This is a diplomatic-protocol law of specialist relevance to foreign affairs and international legal practice.

Key topics

diplomatic immunityCommonwealth representativesreciprocal treatmentimmunity waiver

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