TNAG-2135-FCO40-3053-Localisation-of-laws-in-Hong-Kong-admiralty-jurisdiction-1990 — Page 4

(b)

(c)

apart from this subsection the act

does not constitute an offence;

and

the act would, if it took place in

Hong Kong, constitute an offence

under the law of Hong Kong,

then, subject to subsections (5) and (7), the act

shall constitute that offence. [cf. 1894 C. 60

s. 686 U.K.]

(4) Where an offence against the person or

against property is committed, either ashore or

afloat, in any place outside Hong Kong by any

master, seaman or apprentice who at the time when

the offence is committed is, or at any time

within the previous 3 months was, employed in any

Hong Kong ship, the matter may be inquired into,

and the person by whom the offence was committed

may be punished and otherwise dealt with in the

same manner as if the offence had been committed

in Hong Kong. [cf. 1894 c. 60 s. 687 U.K.]

(5)

Nothing in this section applies to any

act which is expressly or impliedly authorized by

or under any law of Hong Kong when occurring

outside Hong Kong or in Hong Kong waters or

which, when so occurring, is expressly or

impliedly exempted or excluded from, or otherwise