THE BILL
5
The effect of each of the provisions of the Bill is described in the
Explanatory Memorandum which accompanies it. In broad terms, the Bill will replace, with regard to Hong Kong ships, the provisions of the United Kingdom enactments mentioned in clause 5(2). The authority for the Legislative Council to replace those provisions in the field of admiralty jurisdiction is contained in the Hong Kong (Legislative Powers) Order 1986 made under the Hong Kong Act 1985. That Order also empowers the Legislative Council to enact laws having extraterritorial effect in that field. Such a power is necessary as most of the United Kingdom enactments concerned have, in their application to Hong Kong, an extraterritorial effect in that they enable the courts here to try offences committed outside Hong Kong.
6
The extraterritorial jurisdiction conferred by the United Kingdom enactments for the most part relates either to offences committed on British ships wherever they may be or to offences committed by British subjects on foreign ships. Under the Bill, the jurisdiction conferred will relate either to offences committed on ships registered or licensed in Hong Kong (i.e. Hong Kong ships) or to offences committed by British nationals on other ships (i.e. non-Hong Kong ships). As regards offences committed on non-Hong Kong British ships, the Bill will not affect the jurisdiction now exercisable under United Kingdom enactments by the courts here, but as from 1 July 1997 this jurisdiction will lapse and British ships will then be treated no differently from any other non-Hong Kong ships.
7
The
courts of Hong Kong have at present certain jurisdiction as regards offences committed outside Hong Kong by British subjects on non-British ships. The Bill gives a similar jurisdiction, but in relation to British nationals rather than British subjects to accord with the British Nationality Act 1981, and in relation to non-Hong Kong ships rather than non-British ships. As mentioned in paragraph 6, the present jurisdiction regarding offences So committed on non-Hong Kong British ships will continue until 1 July 1997 and then lapse.
8
United Kingdom enactments also give the courts of Hong Kong jurisdiction to try crimes committed within Hong Kong territorial waters on non-British ships. However, before such jurisdiction can be exercised over a defendant who is not a British subject, it is necessary to seek the consent of the Governor and obtain certificate from him stating that it is
a