The Extradition (Safety of Maritime Navigation)Order 1997

Made: 22nd July 1997

Laid before Parliament: 1st August 1997

Coming into force: 1st September 1997

At the Court at Buckingham Palace, the 22nd day of July 1997 Present, The Queen’s Most Excellent Majesty in Council

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 4(1), 22(3) and 37(3) of the Extradition Act 1989, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1

This Order may be cited as the Extradition (Safety of Maritime Navigation) Order 1997, and shall come into force on 1st September 1997.

2

• (1)

• (a) Part I of Schedule 2 to this Order specifies in the first column foreign States which are Parties to the Convention and with which extradition treaties (and relevant Orders in Council under section 2 of the Extradition Act 1870) are for the time being in force, in the second column the dates of those treaties, and in the third column those Orders in Council; and

• (b) Schedule 1 to the Extradition Act 1989[^f00005] shall apply in the case of a State specified in the first column in accordance with the extradition treaty whose date is specified in the corresponding entry in the second column, as supplemented by paragraphs 1 and 4 of Article 11 of the Convention; and

• (c) the Order in Council which gives effect to that extradition treaty shall be construed accordingly.

• (2)

• (a) Part II of Schedule 2 to this Order specifies in the first column foreign States which are Parties to the Protocol and with which extradition treaties (and relevant Orders in Council under section 2 of the Extradition Act 1870[^f00006]) are for the time being in force, in the second column the dates of those treaties, and in the third column those Orders in Council; and

• (b) Schedule 1 to the Extradition Act 1989[^f00007] shall apply in the case of a State specified in the first column under and in accordance with the extradition treaty whose date is specified in the corresponding entry in the second column, as supplemented by paragraph 1 of Article 1 of the Protocol and paragraphs 1 and 4 of Article 11 of the Convention; and

• (c) the Order in Council which gives effect to that extradition treaty shall be construed accordingly.

3

The Extradition Act 1989, so far as it relates to extradition procedures under Part III of that Act, shall apply—

• (a) in the case of a State specified in Part IA of Schedule 3 to this Order (being States in respect of which the Convention is in force), and

• (b) in the case of a State specified in Part IB of Schedule 3 to this Order (being States in respect of which the Protocol is in force),

subject to the limitations, restrictions, exceptions and qualifications contained in Part II of Schedule 3 to this Order.

4

This Order extends only to the United Kingdom, the Channel Islands and the Isle of Man, and to those territories which are specified in Schedule 4 to this Order.

SCHEDULE 1

PART I — CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF MARITIME NAVIGATION

Concluded at Rome, 10th March 1988

The States Parties to this Convention

Having in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of friendly relations and co-operation between States,

Recognizing in particular that everyone has a right to life, liberty and security of person, as set out in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights,

Deeply concerned about the world-wide escalation of acts of terrorism in all its forms, which endanger or taken innocent lives, jeopardize fundamental freedoms and seriously impair the dignity of human beings,

Considering that unlawful acts against the safety of maritime nagivation jeopardize the safety of persons and property, seriously affect the operation of maritime services, and undermine the confidence of the peoples of the world in the safety of maritime navigation,

Considering that the occurrence of such acts is a matter of grave concern to the international community as a whole,

Being convinced of the urgent need to develop international co-operation between States in devising and adopting effective and practical measures for the prevention of all unlawful acts against the safety of maritime navigation, and the prosecution and punishment of their perpetrators,

Recalling resolution 40/61 of the General Assembly of the United Nations of 9th December 1985, whichinter alia, ‘urges all States, unilaterally and in co-operation with other States, as well as relevant United Nations organs, to contribute to the progressive elimination of causes underlying international terrorism and to pay special attention to all situations, including colonialism, racism and situations involving mass and flagrant violations of human rights and fundamental freedoms and those involving alien occupation, that may give rise to international terrorism and may endanger international peace and security’,

Recalling further that resolution 40/61 `unequivocally condemns, as criminal, all acts, methods and practices of terrorism wherever and by whomever committed, including those which jeopardize friendly relations among States and their security',

Recalling also that by resolution 40/61, the International Maritime Organization was invited to `study the problem of terrorism aboard or against ships with a view to making recommendations on appropriate measures',

Having in mind resolution A.584(14) of 20 November 1985, of the Assembly of the International Maritime Organization, which called for the development of Measures to Prevent Unlawful Acts which Threaten the Safety of Ships and the Security of their Passengers and Crews,

Noting that acts of the crew which are subject to normal shipboard discipline are outside the purview of this Convention,

Affirming the desirability of monitoring rules and standards relating to the prevention and control of unlawful acts against ships and persons on board ships, with a view to updating them as necessary, and, to this effect, taking note with satisfaction, of the Measures to Prevent Unlawful Acts against Passengers and Crews on Board Ships, recommended by the Maritime Safety Committee of the International Maritime Organization,

Affirming further that matters not regulated by this Convention continue to be governed by the rules and principles of general international law,

Recognizing the need for all States, in combating unlawful acts against the safety of maritime navigation, strictly to comply with rules and principles of general international law,

Have Agreed as follows:

Article 1

For the purposes of this Convention, `ship' means a vessel of any type whatsoever not permanently attached to the sea-bed, including dynamically supported craft, submersibles, or any other floating craft.

Article 2

1

This Convention does not apply to:

• (a) a warship; or

• (b) a ship owned or operated by a State when being used as a naval auxiliary or for customs or police purposes; or

• (c) a ship which has been withdrawn from navigation or laid up.

2

Nothing in this Convention affects the immunities of warships and other Government ships operated for non-commercial purposes.

Article 3

Article 4

Article 5

Each State Party shall make the offences set forth in Article 3 punishable by appropriate penalties which take into account the grave nature of those offences.

Article 6

3

Any State Party which has established jurisdiction mentioned in paragraph 2 shall notify the Secretary-General of the International Maritime Organization (hereinafter referred to as “the Secretary-General”). If such State Party subsequently rescinds that jurisdiction, it shall notify the Secretary-General.

4

Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in Article 3 in cases where the alleged offender is present in its territory and it does not extradite him to any of the State Parties which have established their jurisdiction in accordance with paragraphs 1 and 2 of this article.

5

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

Article 7

Article 8

Article 9

Nothing in this Convention shall affect in any way the rules of international law pertaining to the competence of States to exercise investigative or enforcement jurisdiction on board ships not flying their flag.

Article 10

Article 11

6

In considering a request for the extradition of an alleged offender pursuant to this Convention, the requested State shall pay due regard to whether his rights as set forth in Article 7, paragraph 3, can be effected in the requesting State.

7

With respect to the offences as defined in this Convention, the provisions of all extradition treaties and arrangements applicable between States Parties are modified as between States Parties to the extent that they are incompatible with this Convention.

Article 12

Article 13

Article 14

Any State Party having reason to believe that offences set forth in Article 3 will be committed shall, in accordance with its national law, furnish as promptly as possible any relevant information in its possession to those States which it believes would be the States having established jurisdiction in accordance with Article 6.

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

This Convention is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.

IN WITNESS WHEREOF the undersigned being duly authorized by their respective Governments for that purpose have signed this Convention.

DONE at Rome, this tenth day of March, one thousand nine hundred and eighty-eight.

PART II — PROTOCOL FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF FIXED PLATFORMS LOCATED ON THE CONTINENTAL SHELF

The States Parties to this Protocol,

Being parties to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation,

Recognizing that the reasons for which the Convention was elaborated also apply to fixed platforms located on the continental shelf,

Taking account of the provisions of that Convention,

Affirming that matters not regulated by this Protocol continue to be governed by the rules and principles of general international law,

Have agreed as follows:

Article 1

Article 2

Article 3

Article 4

Nothing in this Protocol shall affect in any way the rules of international law pertaining to fixed platforms located on the continental shelf.

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

This Protocol is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.

In witness whereof the undersigned, being duly authorized by their respective Governments for that purpose, have signed this Protocol.

Done at Rome this tenth day of March one thousand nine hundred and eighty-eight.

SCHEDULE 2

PART I — FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND IN RELATION TO WHICH ORDERS IN COUNCIL UNDER SECTION 2 OF THE EXTRADITION ACT 1870 ARE IN FORCE

State	Date of Extradition Treaty	Order in Council
Argentina	22 May 1889	1894/76
Chile	26 January 1897	1898/597
Liberia	16 December 1892	1894/114
Mexico	7 September 1886	6 April 1889
Romania	21 March 1893	1894/119
United States of America	8 June 1972	1976/2144

PART II — FOREIGN STATES WHICH ARE PARTIES TO THE PROTOCOL AND IN RELATION TO WHICH ORDERS IN COUNCIL UNDER SECTION 2 OF THE EXTRADITION ACT 1870 ARE IN FORCE

State	Date of Extradition Treaty	Order in Council
Chile	26 January 1897	1898/597
Liberia	16 December 1892	1894/114
Mexico	7 September 1886	6 April 1889
Romania	21 March 1893	1894/119
United States of America	8 June 1972	1976/2144

SCHEDULE 3

PART IA — FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND WITH WHICH NO EXTRADITION TREATIES ARE IN FORCE

State

• China, People’s Republic of

• Egypt

• Lebanon

• Marshall Islands

• Oman

• Ukraine

PART IB — FOREIGN STATES WHICH ARE PARTIES TO THE PROTOCOL AND WITH WHICH NO EXTRADITION TREATIES ARE IN FORCE

State

• China, People’s Republic of

• Egypt

• Lebanon

• Marshall Islands

• Oman

• Ukraine

PART II — APPLICATION OF THE EXTRADITION ACT 1989 IN THE CASE OF A STATE MENTIONED IN PART IA or B

1

• (1) In the case of a state mentioned in Part IA, the Extradition Act 1989[^f00007] shall have effect only in respect of—

• (a) an offence mentioned in section 22(4)(j) of that Act;

• (b) an attempt to commit such an offence;

• (c) counselling, procuring, commanding, aiding or abetting such an offence; and

• (d) being an accessory before or after the fact to such an offence.

• (2) In the case of a State mentioned in Part IB, the Extradition Act 1989 shall have effect only in respect of—

• (a) an offence mentioned in section 22(4)(k) of that Act;

• (b) an attempt to commit such an offence;

• (c) counselling, procuring, commanding, aiding or abetting such an offence; and

• (d) being an accessory before or after the fact to such an offence.

2

No proceeding shall be taken on an application for a provisional warrant to be issued under section 8(1)(b) of the 1989 Act, and no such warrant shall be issued, unless the application is made with the consent of the Secretary of State signified by an Order in the form set out in Part III of this Schedule or in a form to the like effect; but except as aforesaid the signification of consent shall not affect the provisions of the said section 8.

PART III

FORM OF CONSENT OF SECRETARY OF STATE TO APPLICATION FOR A PROVISIONAL WARRANT

SCHEDULE 4 — TERRITORIES TO WHICH THIS ORDER EXTENDS

• Anguilla

• Bermuda

• British Antarctic Territory

• British Indian Ocean Territory

• British Virgin Islands

• Cayman Islands

• Falkland Islands and Dependencies

• Gibraltar

• Montserrat

• Pitcairn, Henderson, Ducie and Oeno Islands

• St. Helena and Dependencies

• Sovereign Base Areas of Akrotiri and Dhekelia

• Turks and Caicos Islands

Signed

N. H. Nicholls — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order applies the Extradition Act 1989 so as to make extraditable offences described in sections 9, 10 and 11 to 13 of the Aviation and Maritime Security Act 1990 (c. 31) (offences likely to endanger ships and fixed platforms), attempts to commit such offences and participation in the commission of such offences. It applies to certain States Parties to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, signed at Rome on 10th March 1988 and to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms.

Footnotes

[^f00003]: 1870 c. 52; the Act was repealed by the Extradition Act 1989 with the savings mentioned in section 37 of that Act. For the purpose of those savings the Act has to be read with section 49 of the Aviation and Maritime Security Act 1990 (c. 31).

[^f00004]: 1989 c. 33; section 22 was amended by section 53 of, and paragraph 9 of Schedule 3 to, the Aviation and Maritime Security Act 1990.

[^f00005]: 1989 c. 33.

[^f00006]: 1870 c. 52.

[^f00007]: 1989 c. 33.