Revised Laws of Saint Lucia (2022)

24.   Arrest on board foreign vessel in territorial sea

1.  

   (1)   Subject to this section, where an offence is committed on board a foreign vessel (being a merchant ship or a 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—

   1.  

      (a)     the consequences of the offence extend to Saint Lucia;

   1.  

      (b)     the offence is of a kind likely to disturb the peace of Saint Lucia or the good order of the territorial sea;

   1.  

      (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

   1.  

      (d)     it is necessary to exercise a prescribed power for the purpose of suppressing any illicit traffic in narcotic drugs or psychotropic substances.

1.  

   (2)   The limitations in subsection (1) shall not apply in any case where a foreign vessel is passing through the territorial sea after leaving internal waters.

1.  

   (3)   Subject to this section, where a foreign vessel, proceeding from a port outside Saint Lucia, 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—

   1.  

      (a)     there are clear grounds for believing that the vessel has, in the exclusive economic zone, committed a violation of—

      1.  

         (i)     applicable international rules and standards for the prevention, reduction and control of pollution from vessels, or

      1.  

         (ii)     any provision of the Regulations or any enactment conforming to and giving effect to any such rules and standards; and

   1.  

      (b)     there—

      1.  

         (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

      1.  

         (ii)     is clear objective evidence that that violation has resulted in a discharge causing major damage or the threat of major damage to the coastline of Saint Lucia, or to any resources of its territorial sea or exclusive economic zone.

1.  

   (4)   This section shall not affect the exercise of any power under section 23.

1.  

   (5)   The decision to exercise, and the exercise of, a prescribed power in circumstances of the kind referred to in subsection (1) or (3) shall be made or, as the case may be, carried out, with due regard to the interests of navigation.

1.  

   (6)   The prescribed power referred to in subsection (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 subsection (3)(a) has occurred.

1.  

   (7)   The prescribed power referred to in subsection (8)(b) shall not be exercised in relation to a vessel whenever appropriate procedures, which bind Saint Lucia, 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.

1.  

   (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—

   1.  

      (a)     for the purposes of subsection (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 subsection (3)(a); and

   1.  

      (b)     for the purposes of subsection (3)(b)(ii) includes a power to detain a vessel.