In matters of this kind where there is reason to apprehend lest a negligence of immediate interference should convey considerable inconveniences, the Minister for Foreign affairs can make direct inquires of, and give direct injunctions to a Consul concerning the diplomatic or political side of the matter.
The Consul must not refuse to submit to an inquiry or an injunction addressed to him by the Minister for Foreign affairs, because of finding the matter in question not to be of the kind alluded to above.
When the interest of the country or its citizens require being looked after, the legation is entitled to gather information from, and to give orders to the Consul concerned. Such orders must not conflict with actual law and statute, nor with instructions or other regulations given by the Home authority.
With regard to a Consul's duty to obey the injunctions mentioned above, the last passage of § 3 should be applied.
Extracts from the outlines for laws of the same wording drawn up by His Excellency Boström, in November 1904.
With regard to the relations between the Minister for Foreign affairs and the Consular administration, and in addition to general precepts as to their duty of mutual cooperation and of mutual interchange of information about such resolutions and steps, etc. as may be of importance for them to know it should be directed:
that a new Consulate must not be established until the Minister for Foreign affairs has stated as to whether any obstacles to its establishment are raised on the part of Foreign Powers;
that, before the appointment of a Consul, the Foreign Minister shall have an opportunity of making the remarks he may find appropriate, as to the persons possible to be taken into consideration for the appointment;
that, for obtaining a Foreign Power's recognition of a Consul, the Consular administration has to make a proposition of it to the Foreign Minister just as is the case when, in other matters belonging to the province of the Consular administration the question arises about applying to the Government of a Foreign Power;
and that if, in matters being dealt with by the Consular administration, the Minister for Foreign affairs has given instructions to a Consul, the Consular administration must not give the Consul an order conflicting with such an instruction.