CHAPTER I — GENERAL PROVISIONS

PART 3 — TERRITORIAL APPLICATION OF THE CRIMINAL LAWS
Extent of jurisdiction of Fiji’s courts

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.

CHAPTER I — GENERAL PROVISIONS

PART 3 — TERRITORIAL APPLICATION OF THE CRIMINAL LAWS

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.

CHAPTER I — GENERAL PROVISIONS

PART 3 — TERRITORIAL APPLICATION OF THE CRIMINAL LAWS
Extent of jurisdiction of Fiji’s courts

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.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 1 — Purpose of this Part

76.— (2) Any law providing for the jurisdiction of the International Criminal Court in Fiji is to be complementary to the jurisdiction of Fiji with respect to offences in this Division (and any other law prescribing such offences) that are also crimes within the jurisdiction of that Court.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 1 — Purpose of this Part

76.— (3) Accordingly, any law which makes provision for the jurisdiction of the International Criminal Court shall not affect the primacy of Fiji’s right to exercise its jurisdiction with respect to offences created by this Division (and any other law prescribing offences against humanity or war crimes) that are also crimes within the jurisdiction of the International Criminal Court.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 4 — Miscellaneous Provisions Applying to Genocide and Crimes Against Humanity

Geographical jurisdiction

99. A person commits an offence against all sections of Divisions 2 and 3 of this Part—

(a) whether or not the conduct constituting the alleged offence occurs in Fiji ; and
(b) whether or not a result of the conduct constituting the alleged offence occurs in Fiji.