TNAG-2163-FCO40-3094-Localisation-of-laws-in-Hong-Kong-1990 — Page 5

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CRIMINAL LAW (AMENDMENT) BILL 1990

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(b) would, were the ship a Hong Kong ship, constitute an indictable offence under the law of Hong Kong,

shall, subject to subsections (5) and (7), whatever the citizenship or nationality of the person, constitute that offence. [cf. 1878 c. 73 U.K.]

(3) Where-

(a) an act of any British national takes place—

(i) on board a Hong Kong ship in any port

or harbour outside Hong Kong; or

(ii) on board a ship which is neither a Hong Kong ship nor a ship to which the person belongs;

(b) apart from this subsection the act does not

constitute an offence; and

(c) 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 not subject to or covered by, a prohibition, restriction, require- ment or other provision imposed or made by or under any such law or otherwise contained in any such law.

(6) Where an act constitutes an offence by virtue of this section and legal proceedings are taken for the offence and the court in which the proceedings are brought has not apart from this subsection jurisdiction to hear and determine the proceedings, then for the purpose of conferring such

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