Arrest on board foreign vessel in territorial sea

(3) An authorised person may exercise any of the powers conferred on him by sub-sections (1) and (2) with the aid of such assistants as he considers necessary for the purpose. (4) Where a vessel is detained pursuant to sub-section (1)(c) or sub-section (2)(d), it shall be held in the custody of the Government until– (a) a decision is made not to bring a prosecution in respect of the alleged offence in relation to which the vessel was detained; or (b) where a decision is made to bring such a prosecution, the security required under sub- section (6) is given in respect of the vessel. (5) The decision whether or not to bring a prosecution in respect of an alleged offence in relation to which a vessel is detained shall be made with all due expedition. (6) The security required in respect of any vessel for the purposes of sub-section (4) shall be in such form and reasonable amount, and shall be given by such person, as the Minister may order. (7) The power under sub-section (1) or (2) shall not be exercised in relation to a vessel that is, or in relation to a person who is, entitled to State or other immunity recognised by law. (8) The powers and rights under this section are in addition to and not in derogation of any other powers and rights which Belize may have under international law or otherwise. (9) In the exercise under this section of the power of enforcement against a foreign vessel, an authorised person shall not endanger the safety of navigation or otherwise create any hazard to a vessel, or bring it to an unsafe port or anchorage, or expose the marine environment to an unreasonable risk. 20 (10) In this section“authorised person” means a person, or person belonging to a class or description of persons, designated for the purposes of this section by the Minister by Regulation made under this section and published in the Gazette; and “owner”, in relation to any vessel, includes any body of persons, whether incorporated or not, by whom the vessel is owned, and any charterer or sub-charterer of the vessel. 19.–(1) Subject to this section, where an offence is committed on board a foreign vessel, being a merchant ship or government ship operated for commercial purposes, during its passage through the territorial sea, a prescribed power may be exercised, in relation to the offence, on board the vessel during that passage, only if– (a) the consequences of the offence extend to Belize; (b) the offence is of a kind likely to disturb the peace of Belize or the good order of the (c) the assistance of the Government or any public officer has been requested by the master of the foreign vessel or by a diplomatic agent or consular officer of the relevant foreign State; or (d) it is necessary to exercise a prescribed power for the purpose of suppressing any illicit traffic in narcotic drugs or psychotropic substance; or weapons. (2) The limitations in sub-section (1) shall not apply in any case where a foreign vessel is passing through the territorial sea after leaving internal waters. 21 (3) Subject to this section, where a foreign vessel proceeding from a port outside Belize, is passing through the territorial sea without having entered internal waters, a prescribed power may be exercised, in relation to any offence committed before the ship entered the territorial sea, on board the ship during that passage only if– (a) there are grounds for believing that the vessel has, in the exclusive economic zone, committed a violation of– (i) applicable international rules and standards for the prevention, reduction and control of pollution from vessels; or (ii) any provision of the Regulations or any enactment conforming to and giving effect to any such rules and standards; and (b) there– (i) are clear grounds for believing that that violation has resulted in a substantial discharge causing or threatening significant pollution of the marine environment; or (ii) is clear evidence that that violation has resulted in a discharge causing major damage or the threat of major damage to the coastline or barrier reef of Belize, or to any resources of its territorial sea or exclusive economic zone. (4) Nothing in this Section shall affect the exercise of any power under section 18. 22 (5) The decision to exercise, and the exercise of, a prescribed power in circumstances of the kind referred to in sub-sections (1) or (3) shall be made or, as the case may be, carried out, with due regard to the interests of navigation. (6) The prescribed power referred to in sub-section (8)(a) shall not be exercised in relation to a vessel unless the vessel has refused, when lawfully required to do so, to give information regarding its identity and port of registry, its last and next port of call and other relevant information required to establish whether a violation of the kind referred to in paragraph (a) has occurred. (7) The prescribed power referred to in sub-section (8)(a) shall not be exercised in relation to a vessel whenever appropriate procedures, which bind Belize, have been established, either through the competent international organisation or as otherwise agreed, whereby compliance with requirements for landing or other appropriate financial security has been assured in relation to the vessel. (8) For the purposes of this section, “prescribed power” means the power lawfully to arrest any person or to conduct an investigation into any alleged offence, and– (a) for the purposes of sub-section (3)(b)(i), includes a power to undertake a physical inspection of a vessel for matters relating to a violation of the kind referred to in sub-section (3) (a); and (b) for the purposes of sub-section (3)(b)(i), includes a power to detain a vessel.