PART 3 — TERRITORIAL APPLICATION OF THE CRIMINAL LAWS
Extent of jurisdiction of Fiji’s courts
6.—(1) Subject to the other sections of this Part, the jurisdiction of the courts of Fiji for the purposes of this Decree extends to every place within Fiji or within—
(a) the internal waters of Fiji;
(b) the archipelagic waters of Fiji; or
(c) the territorial seas of Fiji.
(2) The jurisdiction of the courts of Fiji may extend to the contiguous zone and the exclusive economic zone of Fiji in accordance with the provisions of the United Nations Convention on the Law of the Sea and any law in Fiji implementing the Convention.
Standard geographical jurisdiction
7.—(1) Unless any of the provisions of section 8 apply to an offence under this Decree or any other Act or Decree, a person does not commit an offence against the laws of Fiji unless—
(a) the conduct constituting the alleged offence occurs—
(i) wholly or partly in Fiji; or
(ii) wholly or partly on board a Fijian aircraft or a Fijian ship; or
(b) the conduct constituting the alleged offence occurs wholly outside Fiji and a result of the conduct occurs—
(i) wholly or partly in Fiji; or
(ii) wholly or partly on board a Fijian aircraft or a Fijian ship; or
(c) all of the following conditions are satisfied—
(i) the alleged offence is an ancillary offence;
(ii) the conduct constituting the alleged offence occurs wholly outside Fiji; and
(iii) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct occurs (or is intended by the person to occur) wholly or partly in Fiji, or wholly or partly on board a Fijian aircraft or a Fijian ship.
Extended geographical jurisdiction
8.—(1) The provisions of this Decree or any other Act or Decree prescribing an offence may extend the standard geographical jurisdiction to be applied to that offence by providing that the offence may be committed by—
(a) any citizen of Fiji in any place outside of Fiji;
(b) any corporation registered in Fiji in any place outside of Fiji;
(c) any resident of Fiji in any place outside of Fiji;
(2) Any provision of this Decree or any other Act which extends the geographical jurisdiction under sub-section (1) may specifically make the extension of geographical jurisdiction conditional upon there being no comparable offence in the foreign jurisdiction where the citizen, corporation or resident committed the offence.
(3) Proceedings for an offence committed by a resident of Fiji in accordance with sub-section (1)(c) require the written consent of the Director of Public Prosecutions a person may be arrested and charged with such an offence (and remanded or released on bail) before the necessary consent has been given.
Conduct taken to occur partly in Fiji
9.—(1) F or the purposes of this Part, if a person sends a thing, or causes a thing to be sent—
(a) from a point outside Fiji to a point in Fiji;
(b) from a point in Fiji to a point outside Fiji—
the conduct is taken to have occurred partly in Fiji.
(2) F or the purposes of this Part, if a person sends, or causes to be sent, an electronic communication—
(a) from a point outside Fiji to a point in Fiji;
(b) from a point in Fiji to a point outside Fiji—
the conduct is taken to have occurred partly in Fiji.
(3) F or the purposes of this section, “point” includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, underwater, at sea or anywhere else.
