'Territorial jurisdiction - national proceedings' in document 'Fiji - Crimes decree 2009'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 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.