AsianLII [Home] [Databases] [WorldLII] [Search] [Feedback]

Laws of the People's Republic of China

You are here:  AsianLII >> Databases >> Laws of the People's Republic of China >> DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON EXERCISING CRIMINAL JURISDICTION OVER THE CRIMES PRESCRIBED IN THE INTERNATIONAL TREATIES TO WHICH THE PEOPLE'S REPUBLIC OF CHINA IS A PARTY OR HAS ACCEDED

[Database Search] [Name Search] [Noteup] [Help]


DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON EXERCISING CRIMINAL JURISDICTION OVER THE CRIMES PRESCRIBED IN THE INTERNATIONAL TREATIES TO WHICH THE PEOPLE'S REPUBLIC OF CHINA IS A PARTY OR HAS ACCEDED

Category  LITIGATION Organ of Promulgation  The Standing Committee of the National People's Congress Status of Effect  In Force
Date of Promulgation  1987-06-23 Effective Date  1987-06-23  

Decision of the Standing Committee of the National People's Congress on Exercising Criminal Jurisdiction Over the Crimes Prescribed in the International Treaties to Which the People's Republic of China Is a Party or Has Acceded




Appendices:  The Relevant Clauses of the International Conventions

(Adopted at the 21st Meeting of the standing Committee of the Sixth

national People's Congress on June 23, 1987)

    The 21st Meeting of the Standing Committee of the Sixth National People's
Congress resolves that the People's Republic of China shall, within the scope
of its treaty obligations, exercise criminal jurisdiction over crimes
prescribed in the international treaties to which the People's Republic of
China is a party or has acceded.
Appendices:  The Relevant Clauses of the International Conventions

    I.  Convention on the Prevention and Punishment of Crimes Against
Internationally Protected Persons, Including Diplomatic Agents

    The second paragraph of Article 3:

    "Each State Party shall likewise take such measures as may be necessary
to establish its jurisdiction over these crimes in cases where the alleged
offender is present in its territory and it does not extradite him pursuant to
Article 8 to any of the States mentioned in paragraph 1 of this Article."

    Article 7:

    "The State Party in whose territory the alleged offender is present shall,
if it does not extradite him, submit, without exception whatsoever and without
undue delay, the case to its competent authorities for the purpose of
prosecution, through proceedings in accordance with the laws of that State."

    II.  Convention for the Suppression of Unlawful Seizure of Aircraft

    The second paragraph of Article 4:

    "Each Contracting State shall likewise take such measures as may be
necessary to establish its jurisdiction over the offence in the case where the
alleged offender is present in its territory and it does not extradite him
pursuant to Article 8 to any of the States mentioned in paragraph 1 of this
Article."

    Article 7:

    The Contracting State in the territory of which the alleged offender is
found shall, if it does not extradite him, be obliged, without exception
whatsoever and whether or not the offence was committed in its territory, to
submit the case to its competent authorities for the purpose of prosecution.

    "Those authorities shall take their decision in the same manner as in the
case of any ordinary offence of a serious nature under the law of that State."

    III.  Convention for the Suppression of Unlawful Acts Against the Safety
of Civil Aviation

    The second paragraph of Article 5:

    "Each Contracting State shall likewise take such measures as may be
necessary to establish its jurisdiction over the offences mentioned in Article
1, paragraph 1 (a), (b) and (c), and in Article 1 , paragraph 2, in so far as
that paragraph relates to those offences, in the case where the alleged
offender is present in its territory and it does not extradite him pursuant to
Article 8 to any of the States mentioned in paragraph 1 of this Article."

    Article 7:

    The Contracting State in the territory of which the alleged offender is
found shall, if it does not extradite him, be obliged, without exception
whatsoever and whether or not the offence was committed in its territory, to
submit the case to its competent authorities for the purpose of prosecution.

    "Those authorities shall take their decision in the same manner as in the
case of any ordinary offence of a serious nature under the law of that State."

    IV.  The Convention on the Physical Protection of Nuclear Material

    The second paragaph of Article 8:

    "Each State Party shall likewise take such measures as may be necessary to
establish its jurisdiction over these offences in cases where the alleged
offender is present in its territory and it does not extradite him pursuant to
Article 11 to any of the States mentioned in paragraph 1."

    V.  International Convention Against the Taking of Hostages

    The second paragraph of Article 5:

    "Each State Party shall likewise take such measures as may be necessary to
establish its jurisdiction over the offences set forth in Article 1 in cases
where the alleged offender is present in its territory and it does not
extradite him to any of the States mentioned in paragraph 1 of this Article."

    The first paragraph of Article 8:

    "The State Party in the territory of which the alleged offender is found
shall, if it does not extradite him, be obliged, without exception whatsoever
and whether or not the offence was committed in its territory, to submit the
case to its competent authorities for the purpose of prosecution, through
proceedings in accordance with the laws of that State. Those authorities shall
take their decision in the same manner as in the case of any ordinary offence
of a grave nature under the law of that State."



AsianLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.asianlii.org/cn/legis/cen/laws/dotscotnpcoecjotcpitittwtprociapoha1940