Section 16: Jurisdiction onboard a foreign ship

16. Jurisdiction onboard a foreign ship.—(1) Where an offence is committed onboard a foreign ship, being a merchant ship or government ship operated for commercial purposes, during its passage through the territorial sea, jurisdiction may be exercised, in relation to such offence, only if; (a) the consequences of the offence extends to the territory of Pakistan; (b) the offence is of a kind likely to disturb the peace of Pakistan or good order of the territorial sea; (c) the assistance of the Federal Government or any public officer has been requested by the master, of the foreign ship or by a diplomatic agent or consular officer of the relevant foreign state; or (d) it is necessary to exercise jurisdiction for the purpose of suppressing any illicit traffic in narcotic drugs or psychotropic substances or weapons, unauthorized broadcasting or any act of piracy and slave trade. Explanation.—For the purpose of clause (d), the expression “unauthorized broadcasting” means the transmission of sound radio or television broadcasts from a ship or installation in the exclusive economic zone or on the high seas intended for reception by the people of Pakistan contrary to the international regulations, but excluding the transmission of distress call. (2) The limitation in sub-section (1) shall not apply in any case where a foreign ship is passing through the territorial sea after leaving the internal waters. (3) Subject to sub-section (1), where a foreign ship proceeding from a port outside Pakistan is passing through the territorial sea without having entered internal waters, jurisdiction may be exercised in relation to any offence committed before the ship entered the territorial sea, onboard the ship during the passage only if— (a) there are grounds for believing that the ship has, in the exclusive economic zone or the continental shelf, committed a violation of— (i) any provision of law of Pakistan applicable in the exclusive economic zone and the continental shelf for exploration or exploitation of the natural resources whether living or non-living; (ii) any provision of law of Pakistan and any international rule or standard applicable in the exclusive economic zone or the continental shelf; or (iii) any provision of the regulations or any enactment conforming to and giving effect to any such rules and standards; (b) there are reasonable grounds for believing that violation has resulted in a substantial discharge causing or threatening significant pollution of the marine environment; or (c) there is clear evidence that violation has resulted in a substantial discharge causing major damage or threat of major damage to the coastline of Pakistan or to any resources of its territorial sea or exclusive economic zone or continental shelf.

Effective date: 2023-04-26

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