XN000022-1990-11-14 — Page 10

WEDNESDAY, NOVEMBER 14, 1990

BILL SEEKS TO LOCALISE JURISDICTION OF HK COURTS

TO

LOCALISE THE

CRIMES MATHEWS,

COMMITTED AT SAID IN THE

THE CRIMINAL LAW (AMENDMENT) BILL 1990 SEEKS JURISDICTION OF HONG KONG COURTS IN RELATION TO

THE GENERAL, SEA, THE ATTORNEY LEGISLATIVE COUNCIL TODAY (WEDNESDAY} .

HON

JEREMY

MATHEWS SAID

MR BILL, MOVING THE SECOND READING OF THE COURTS CURRENTLY DERIVED THEIR JURISDICTION TO DEAL WITH FROM UNITED KINGDOM ENACTMENTS WHICH APPLIED TO HONG KONG,

THE SUCH CRIMES

"THESE ARE ENACTMENTS WHICH, AFTER JUNE 1997, CAN NO LONGER PART OF OUR LAW.

"THEREFORE, OUR OWN LEGISLATION

HE SAID. WILL MEET THAT REQUIREMENT,

"

BE

IS REQUIRED, AND THIS BILL

MR MATHEWS

JURISDICTION

BILL THE SAID

AT SEA OVER CRIMES

WOULD GIVE HONG KONG

THERE WAS A WHERE

COURTS HONG KONG

"CONNECTION" PRESENT:

BOARD A HONG KONG "FIRST, OVER ANY ACT WHICH TAKES PLACE ON

TOOK PLACE SHIP ON THE HIGH SEAS AND WHICH WOULD BE AN OFFENCE IF IT IN HONG KONG;

ANY SHIP IN OFFENCE IF GOVERNOR'S

"SECOND, OVER ANY ACT WHICH TAKES PLACE ON BOARD HONG KONG WATERS AND WHICH WOULD AMOUNT TO AN INDICTABLE IT TOOK PLACE ON BOARD A HONG KONG SHIP (IN SUCH CASES THE PERSON WHO IS NOT PROSECUTE A CONSENT IS REQUIRED TO

THAT IS NATIONAL AND WHERE THE ACT TAKES PLACE ON A SHIP HONG KONG SHIP NOR A BRITISH SHIP);

KONG BRITISH DEPENDENT

A BRITISH NEITHER A

(INCLUDING A HONG

ON

"THIRD, OVER ANY ACT OF A BRITISH NATIONAL

TERRITORIES CITIZEN) WHICH TAKES PLACE BOARD A HONG KONG SHIP IN ANY PORT OUTSIDE HONG KONG (OR ON BOARD OTHER SHIP TO WHICH THE PERSON DOES NOT BELONG) AND WHICH WOULD BE OFFENCE IF IT TOOK PLACE IN HONG KONG;

"FOURTH, OVER

ANY

ACT SHIP

ANY

AN

APPRENTICE OR OF A MASTER, SEAMAN OR

SO

WITHIN THE WAS

EMPLOYED WHO EMPLOYED ON A HONG KONG

ACT TAKES PLACE, IF THE ACT PRECEDING THREE MONTHS, WHEREVER THE AMOUNTS TO AN OFFENCE AGAINST THE PERSON OR AGAINST PROPERTY; AND

THE HIGH THE DEATH MURDER OR IF IT TOOK PLACE

"FIFTH AND FINALLY, OVER ANY ACT THAT TAKES PLACE ON

IN SEAS OR IN ANY OTHER PLACE OUTSIDE HONG KONG RESULTING IN HONG KONG OF A PERSON AND WHERE THE ACT WOULD AMOUNT TO MANSLAUGHTER (OR BEING ACCESSORY TO THOSE CRIMES) IN HONG KONG," HE SAID.

MR MATHEWS POINTED OUT THAT THE REFERENCE TO "A HONG KONG SHIP" WAS NEW, FOR THE UNITED KINGDOM ENACTMENTS REFERRED TO BRITISH SHIPS.

HE SAID THE CHANGE WAS IN LINE WITH THE PROPOSED OF THE NEW HONG KONG SHIPPING REGISTER.

ESTABLISHMENT

/"FOR THE

+

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