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Criminal Justice (International Co-Operation) (Bermuda) Amen


Published: 1996

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Criminal Justice (International Co-Operation) (Bermuda) Amendment Act 1996
The Laws of Bermuda
Annual Volume of Public Acts 1996 : 8

1

37

BERMUDA
1996 : 8

CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION)
(BERMUDA) AMENDMENT ACT 1996

[Date of Assent 26 March 1996]

[Operative Date 26 March 1996]

WHEREAS it is expedient to amend the Criminal Justice
(International Co-operation) (Bermuda) Act 1994:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title
1 This Act may be cited as the Criminal Justice (International Co-
operation) (Bermuda) Amendment Act 1996.

Amendment of s 17 of Act No 41 of 1994
2 Section 17 of the Criminal Justice (International Co-operation)
(Bermuda) Act 1994 ("the Act") is amended by deleting subsections (1) to
(3) and substituting the following—

" (1) This section applies to a ship registered in
Bermuda, a dependent territory or a Convention state.

CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION)
(BERMUDA) AMENDMENT ACT 1996

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(2) A person is guilty of an offence if on a ship to which
this section applies, wherever it may be, he—

(a) has a controlled drug in his possession; or

(b) is in any way knowingly concerned in the
carrying or concealing of a controlled drug on
the ship,

knowing or having reasonable grounds to suspect that the drug
is intended to be imported, or has been exported, contrary to
section 4(1) of the Misuse of Drugs Act 1972 or to the law of a
state or a dependent territory.

(3) A certificate purporting to be issued by or on behalf
of the government of a state or a dependent territory to the effect
that the importation or export of a controlled drug is prohibited
by the law of that state or territory shall be evidence of the
matters stated.".

Amendment of s 18 of Act
3 Section 18 of the Act is amended by deleting subsections (5) and
(6) and substituting the following—

" (5) Subsection (4) above is without prejudice to any
agreement made, or which may be made, on behalf of Bermuda
whereby Bermuda undertakes not to object to the exercise by
any state or any dependent territory, in relation to a ship
registered in Bermuda, of powers corresponding to those
conferred by that Schedule.

(6) The powers conferred by that Schedule shall not be
exercised in the territorial waters of a state or dependent
territory without the authority of the Minister, and he shall not
give his authority unless that state or territory has consented to
the exercise of those powers.".

Amendment of s 21 of Act
4 Section 21(1) of the Act is amended by deleting the definition of
"Convention state" and substituting the following definitions—

""Convention state" means a state which is a party to the Vienna
Convention;

"dependent territory" has the meaning given to that expression
by section 50(1) of the British Nationality Act 1981 (U.K.);".

The Laws of Bermuda
Annual Volume of Public Acts 1996 : 8

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39

Amendment of ss 22 and 26 of Act
5 (1) Section 22 of the Act is amended by deleting the words
"its amount is not less than the prescribed sum and" from subsection (1).

(2) Consequentially on subsection (1) of this section, subsection
(2) of section 26 of the Act is repealed and the numbering of section 26 is
adjusted accordingly.

CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION)
(BERMUDA) AMENDMENT ACT 1996

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