Base de Datos de Legislación

36. Offences relating to maritime safety

(1) Any person who unlawfully and intentionally—

(a) seizes, or exercises control over, a ship or fixed platform by force or threat of force or other form of intimidation; or

(b) commits an act of violence against a person on board a ship or fixed platform that is likely to endanger the safe navigation of the ship or safety of the fixed platform; or

(c) destroys a ship or fixed platform; or

(d) causes damage to a ship or its cargo or a fixed platform that is likely to endanger the safe navigation of the ship or safety of the fixed platform; or

(e) places, or causes to be placed on a ship or fixed platform a device or substance likely to—

(i) for a ship — destroy the ship, or cause damage to the ship or its cargo likely to endanger the safe navigation of the ship; or

(ii) for a fixed platform — destroy the fixed platform or endanger its safety; or

(f) destroys or seriously damages maritime navigational facilities or seriously interferes with their operation in a way that is likely to endanger the safe navigation of a ship; or

(g) communicates information that he or she knows to be false, endangering the safe navigation of a ship; or

(ga) when the purpose of the act, by its nature or context, is to intimidate a population, or to compel a government or an international organisation to do or abstain from doing any act-

(i) uses against or on a ship or fixed platform, or discharges from a ship or fixed platform any explosive, radioactive material or BCN weapon in a manner that causes or is likely to cause death, serious injury or damage; or
(ii) discharges from a ship or fixed platform oil, liquefied natural gas or other hazardous or noxious substance, which is not covered by sub-paragraph (i), in such quantity or concentration that causes or is likely to cause death, serious injury or damage; or
(iii) uses a ship in a manner that causes death, serious injury or damage; or
(iv) threatens to commit an offence mentioned in subparagraphs (i), (ii) or (iii); or

(gb) transports on board a craft-

(i) any explosive or radioactive material, knowing that it is intended to be used to cause, or in a threat to cause, death, serious injury or damage for the purpose of intimidating a population, or compelling a government or an international organisation to do or to abstain from doing any act; or
(ii) any BCN weapon, knowing it to be a BCN weapon; or
(iii) any source material, special fissionable material, or equipment or material especially designed or prepared for the processing, use or production of special fissionable material, knowing that it is intended to be used in a nuclear explosive activity or in any other nuclear activity not under safeguards pursuant to an IAEA comprehensive safeguards agreement; or
(iv) any equipment, materials or software or related technology that significantly contributes to the design, manufacture or delivery of a BCN weapon, with the intention that it will be used for such purpose; or
(v) any other person, knowing that the person has committed an act that constitutes an offence under this Act, and intending to assist that person to evade criminal prosecution;

(h) injures or kills a person in connection with the commission, or attempted commission, of an offence under this subsection,

commits an offence and is liable upon conviction to imprisonment for life.

(2) Any person who, with the intention of compelling another person to do or to refrain from doing any act, threatens to commit an offence mentioned in subsection (1)(b), (c), (d) or (f) in relation to a ship or fixed platform, if the threat is likely to endanger the safety of the ship or fixed platform, commits an offence and is liable upon conviction to imprisonment for life.

37. Arrest and delivery

(1) The master of a ship registered in Kiribati who has reasonable grounds to believe that a person has committed an offence under section 36 against, or on board, any ship may—

(a) arrest and detain the person; and

(b) deliver the person to the appropriate authorities in any State (called in this section a ‘Convention State’) party to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on 10 March 1988.

(2) Before delivering a person arrested and detained under subsection (1) to the appropriate authorities in a Convention State, the master shall notify those authorities of his or her intention to do so.

(3) Where the master delivers a person arrested and detained under subsection (1) to the appropriate authorities in a Convention State, he or she shall furnish to those authorities the evidence in his or her possession supporting the commission of an offence under section 36 by that person.

(4) The master of a ship registered in Kiribati who fails, without reasonable cause, to comply with subsection (2) or (3) commits an offence and is liable upon conviction to imprisonment for five years.

(5) Where the master of the ship registered in a Convention State delivers to a Police officer in Kiribati a person arrested and detained on that ship on suspicion of having committed an offence corresponding to an offence under section 36, it shall be the duty of such Police officer to take such person into custody, unless the Police officer has reasonable grounds to believe that such a person has not committed the offence as alleged. Where a Police officer refuses to take such person into custody, he or she shall give written reasons for such refusal.