TNAG-2332-FCO40-3393-Future-of-Hong-Kong-localisation-of-laws-admiralty-jurisdic-1991 — Page 18

GAZETTE BILL (SUP 3) VAX

BILL//C815--02

6

3.

CRIMINAL LAW (AMENDMENT) BILL 1990

(b) new section 23B(1) localizes section 1 of the Offences at Sea Act 1799 (1799 c. 34 U.K.), section 1 of the Admiralty Offences (Colonial) Act 1849 (1849 c. 96 U.K.) and part of section 686 of the Merchant Shipping Act 1894 (1894 c. 60 U.K.) by extending the criminal law to criminal acts taking place on board Hong Kong ships on the high seas. As a result criminal acts which are justiciable in Admiralty courts and are now triable in Hong Kong by virtue of a jurisdiction conferred by United Kingdom enact- ments will be triable by Hong Kong's courts because they will become offences under the law of Hong Kong itself;

(c) new section 23 B(2) localizes the Territorial Waters Jurisdiction Act 1878 (1878 c. 73 U.K.) by applying the principle referred to in subparagraph (b) to certain acts committed in the waters of Hong Kong on board or by means of ships which are not Hong Kong ships;

(d) new section 23B(3) localizes part of section 686 of the Merchant Shipping Act 1894 (1894 c. 60 U.K.) by applying the principle referred to in subparagraph (b) to certain acts of British nationals on board Hong Kong ships in a port or harbour outside Hong Kong or on board certain non-Hong Kong ships;

(e) new section 23B(4) localizes section 687 of the Merchant Shipping Act 1894 (1894 c. 60 U.K.) relating to offences against person or property by seafarers employed on British ships in so far as it relates to Hong Kong ships and in so far as it is not localized by new section 23B(1);

new section 23C requires the permission of the Governor to be obtained before proceedings for certain indictable offences are instituted; this derives from section 3 of the Territorial Waters Jurisdiction Act 1878 (1878 c. 73 U.K.).

Clause 3 amends the Offences against the Person Ordinance (Cap. 212) so as to provide that if a person dies in Hong Kong as a result of an act taking place on the high seas or elsewhere outside Hong Kong such act shall constitute murder or manslaughter or being accessory, whatever the nationality or citizenship of the person committing it, if the act would constitute murder or manslaughter or being accessory had it taken place in Hong Kong. This localizes section 3 of the Admiralty Offences (Colonial) Act 1849 (1849 c. 96 U.K.).

4. Clause 4 is a saving clause in respect of other criminal jurisdiction of the Hong Kong courts.

5. Clause 5 provides for the cesser of certain United Kingdom enactments in relation to acts covered by clause 2 or 3.

6. The Bill has no Public Service staffing or public expenditure implications.