TNAG-2886-FCO40-4158-Hong-Kong-localisation-of-laws-prevention-of-terrorism-tak-1993 — Page 24

CM 4

App. III]

Extradition (Taking of Hostages)

[1985 Ed.

(b) by any of its nationals or, if that State considers it appropriate, by those

stateless persons who have their habitual residence in its territory:

(c) in order to compel that State to do or abstain from doing any act: or (d) with respect to a hostage who is a national of that State. if that State

considers it appropriate.

2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in article I in cases where the alleged offender is present in its territory and it does not extradite him to any of the States mentioned in paragraph 1 of this article.

3. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.

ARTICLE 6

1. Upon being satisfied that the circumstances so warrant, any State Party in the territory of which the alleged offender is present shall. in accordance with its laws, take him into custody or take other measures to ensure his presence for such time as is necessary to enable any criminal or extradition proceedings to be in- stituted. That State Party shall immediately make a preliminary inquiry into the facts.

2. The custody or other measures referred to in paragraph 1 of this article shall be notified without delay directly or through the Secretary-General of the United Nations to:

(a) the State where the offence was committed:

(b) the State against which compulsion has been directed or attempted:

(c) the State of which the natural or juridical person against whom compulsion

has been directed or attempted is a national;

(d) the State of which the hostage is a national or in the territory of which he

has his habitual residence;

(e) the State of which the alleged offender is a national or, if he is a stateless

person, in the territory of which he has his habitual residence;

(f) the international intergovernmental organization against which compulsion

has been directed or attempted:

(g) all other States concerned.

3.

Any person regarding whom the measures referred to in paragraph 1 of this article are being taken shall be entitled:

(a) to communicate without delay with the nearest appropriate representative of the State of which he is a national or which is otherwise entitled to establish such communication or. if he is a stateless person, the State in the territory of which he has his habitual residence:

(b) to be visited by a representative of that State.

4. The rights referred to in paragraph 3 of this article shall be exercised in conformity with the laws and regulations of the State in the territory of which the alleged offender is present subject to the proviso, however, that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 of this article are intended.

5. The provisions of paragraphs 3 and 4 of this article shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordance with paragraph 1 (b) of article 5 to invite the International Committee of the Red Cross to communicate with and visit the alleged offender.

6. The State which makes the preliminary inquiry contemplated in paragraph I of this article shall promptly report its findings to the States or organization re- ferred to in paragraph 2 of this article and indicate whether it intends to exercise jurisdiction.

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