| 监於中华人民共和国是二零零四年十一月十一日订於东京的《亚洲地区反海盗及武装劫船合作协定》（以下简称“协定”）的签署方，经完成有关的国内法律程序後已於二零零六年十月二十七日向新加坡共和国政府交存通知书； 又监於中华人民共和国在该通知书中已声明协定适用於澳门特别行政区； 同时，根据协定第十八条第三款的规定，协定自二零零六年十一月二十六日起在国际上对中华人民共和国所有领土生效，包括对澳门特别行政区生效； 行政长官根据澳门特别行政区第3/1999号法律第六条第一款的规定，命令公布协定的英文正式文本及相应的中文和葡文译本。 二零零七年五月二日发布。 行政长官 何厚铧 ——— 二零零七年五月三日於行政长官办公室 办公室主任 何永安 Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia The Contracting Parties to this Agreement, Concerned about the increasing number of incidents of piracy and armed robbery against ships in Asia, Mindful of the complex nature of the problem of piracy and armed robbery against ships, Recognizing the importance of safety of ships, including their crew, exercising the right of navigation provided for in the United Nations Convention on the Law of the Sea of 10 December 1982, hereinafter referred to as ?the UNCLOS?, Reaffirming the duty of States to cooperate in the prevention and suppression of piracy under the UNCLOS, Recalling ?Tokyo Appeal? of March 2000, ?Asia Anti-Piracy Challenges 2000? of April 2000 and ?Tokyo Model Action Plan? of April 2000, Noting the relevant resolutions adopted by the United Nations General Assembly and the relevant resolutions and recommendations adopted by the International Maritime Organization, Conscious of the importance of international cooperation as well as the urgent need for greater regional cooperation and coordination of all States affected within Asia, to prevent and suppress piracy and armed robbery against ships effectively, Convinced that information sharing and capacity building among the Contracting Parties will significantly contribute towards the prevention and suppression of piracy and armed robbery against ships in Asia, Affirming that, to ensure greater effectiveness of this Agreement, it is indispensable for each Contracting Party to strengthen its measures aimed at preventing and suppressing piracy and armed robbery against ships, Determined to promote further regional cooperation and to enhance the effectiveness of such cooperation, Have agreed as follows: PART I INTRODUCTION Article 1 Definitions 1. For the purposes of this Agreement, ?piracy? means any of the following acts: (a) any illegal act of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed: (i) on the high seas, against another ship, or against persons or property on board such ship; (ii) against a ship, persons or property in a place outside the jurisdiction of any State; (b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft; (c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b). 2. For the purposes of this Agreement, ?armed robbery against ships? means any of the following acts: (a) any illegal act of violence or detention, or any act of depredation, committed for private ends and directed against a ship, or against persons or property on board such ship, in a place within a Contracting Party’s jurisdiction over such offences; (b) any act of voluntary participation in the operation of a ship with knowledge of facts making it a ship for armed robbery against ships; (c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b). Article 2 General Provisions 1. The Contracting Parties shall, in accordance with their respective national laws and regulations and subject to their available resources or capabilities, implement this Agreement, including preventing and suppressing piracy and armed robbery against ships, to the fullest extent possible. 2. Nothing in this Agreement shall affect the rights and obligations of any Contracting Party under the international agreements to which that Contracting Party is party, including the UNCLOS, and the relevant rules of international law. 3. Nothing in this Agreement shall affect the immunities of warships and other government ships operated for non-commercial purposes. 4. Nothing in this Agreement, nor any act or activity carried out under this Agreement shall prejudice the position of any Contracting Party with regard to any |
