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1884年保护海底电缆公约 CONVENTION FOR THE PROTECTION OF SUBMARINE CABLES, 1884

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颁布日期:19840314  实施日期:19840314  颁布单位:巴黎

  APPLICATIONArticle 1

  The present Convention shall be applicable, outside the territorialwaters, to all legally established submarine cables landed in theterritories, colonies or possessions of one or more of the HighContracting Parties. INJURY TO CABLES TO BE PUNISHABLEArticle 2

  The breaking or injury of a submarine cable, done wilfully or throughculpable negligence, and resulting in the total or partial interruptionor embarrassment of telegraphic communication, shall be a punishableoffence, but the punishment inflicted shall be no bar to a civil actionfor damages.

  This provision shall not apply to ruptures or injuries when theparties guilty thereof have become so simply with the legitimate object ofsaving their lives or their vessels, after having taken all necessaryprecautions to avoid such ruptures or injuries.Article 3

  The High Contracting Parties agree to insist, as far as possible, whenthey shall authorise the landing of a submarine cable, upon suitableconditions of safety, both as regards the track of the cable and itsdimensions.Article 4

  The owner of a cable who, by the laying or repairing of that cable,shall cause the breaking or injury of another cable, shall be required topay the cost of the repairs which such breaking or injury shall haverendered necessary, but such payment shall not bar the enforcement, ifthere be ground therefor, of Article 2 of this Convention.Article 5

  Vessels engaged in laying or repairing submarine cables must observethe rules concerning signals that have been or shall be adopted, by commonconsent, by the High Contracting Parties, with a view to preventingcollisions at sea.

  When a vessel engaged in repairing a cable carries the said signals,other vessels that see or are able to see those signals shall withdraw orkeep at a distance of at least one nautical mile from such vessel, inorder not to interfere with its operations.

  Fishing gear and nets shall be kept at the same distance.

  Nevertheless, a period of twenty-four hours at most shall be allowedto fishing vessels that perceive or are able to perceive a telegraph shipcarrying the said signals, in order that they may be enabled to obey thenotice thus given, and no obstacle shall be placed in the way of theiroperations during such period.

  The operations of telegraph ships shall be finished as speedily aspossible.Article 6

  Vessels that see or are able to see buoys designed to show theposition of cables when the latter are being laid, are out of order, orare broken, shall keep at a distance of one quarter of a nautical mile atleast from such buoys.

  Fishing nets and gear shall be kept at the same distance.

  LOSSES ON ACCOUNT OF CABLESArticle 7

  Owners of ships or vessels who can prove that they have sacrificed ananchor, a net, or any other implement used in fishing, in order to avoidinjuring a submarine cable, shall be indemnified by the owner of thecable.

  In order to be entitled to such indemnity, one must prepare, wheneverpossible, immediately after the accident, in proof thereof, a statementsupported by the testimony of the men belonging to the crew; and thecaptain of the vessel must, within twenty-four hours after arriving at thefirst port of temporary entry, make his declaration to the competentauthorities. The latter shall give notice thereof to the consularauthorities of the nation to which the owner of the cable belongs.

  COURT OF COUNTRY OF INFRACTING PARTY TO HAVE JURISDICTIONArticle 8

  The courts competent to take cognisance of infractions of thisConvention shall be those of the country to which the vessel on board ofwhich the infraction has been committed belongs.

  It is, moreover, understood that, in cases in which the provisioncontained in the foregoing paragraph cannot be carried out, the repressionof violations of this Convention shall take place, in each of theContracting States, in the case of its subjects or citizens in accordancewith the general rules of penal competence established by the special lawsof those states, or by international treaties.

  PROSECUTION TO BE IN NAME OF STATEArticle 9

  Prosecutions on account of the infractions contemplated in Article 2,5 and 6 of this Convention, shall be instituted by the state or in itsname.Article 10

  Evidence of violations of this Convention may be obtained by allmethods of securing proof that are allowed by the laws of the country ofthe court before which a case has been brought.

  When the officers commanding the vessels of war or the vesselsspecially commissioned for that purpose of one of the High ContractingParties, shall have reason to believe that an infraction of the measuresprovided for by this Convention has been committed by a vessel other thana vessel of war, they may require the Captain or Master to exhibit theofficial documents furnishing evidence of the nationality of the saidvessel. Summary mention of such exhibition shall at once be made on thedocuments exhibited.

  Reports may, moreover be prepared by the said officers, whatever maybe the nationality of the inculpated vessel. These reports shall be drawnup in the form and in the language in use in the country to which theofficer drawing them up belongs; they may be used as evidence in thecountry in which they shall be invoked, and according to the laws of suchcountry. The accused parties and the witnesses shall have the right to addor to cause to be added thereto, in their own language, any explanationsthat they may deem proper; these declarations shall be duly signed.Article 11

  Proceedings and trial in cases of infractions of the provisions ofthis Convention shall always take place as summarily as the laws andregulations in force will permit.Article 12

  The High Contracting Parties engage to take or to propose to theirrespective legislative bodies the measures necessary in order to securethe execution of this Convention, and especially in order to cause thepunishment, either by fine or imprisonment, or both, of such persons asmay violate the provisions of Articles 2, 5 and 6.

  Note: The U.S. statutes are collected in the U.S. Code, Title 47, ch,2, sections 21

  INTERCHANGE OF LAWSArticle 13

  The High Contracting Parties shall communicate to each other such lawsas may already have been or as may hereafter be enacted in theirrespective countries, relative to the subject of this Convention.

  OTHER STATES MAY ADHEREArticle 14

  States that have not taken part in this Convention shall be allowed toadhere thereto, on their requesting to do so. Notice of such adhesionshall be given, diplomatically, to the Government of the French Republic,and by the latter to the other signatory Governments.

  NOT TO AFFECT BELLIGERENTSArticle 15

  It is understood that the stipulations of this Convention shall in nowise affect the liberty of action of belligerents.

  COMMENCEMENT AND TERMINATIONArticle 16

  This Convention shall take effect on such day as shall be agreed uponby the High Contracting Parties.

  It shall remain in force for five years from that day, and, in casenone of the High Contracting Parties shall have given notice, twelvemonths previously to the expiration of the said period of five years, ofits intention to cause its effects to cease, it shall continue in forcefor one year, and so on from year to year.

  In case one of the Signatory Powers shall give notice of its desirefor the cessation of the effects of the Convention, such notice shall beeffective as regards the Power only.

  RATIFICATIONArticle 17

  This Convention shall be ratified; its ratification shall be exchangedat Paris as speedily as possible, and within one year at the latest.

  In testimony whereof, the respective Plenipotentiaries have signed it,and have thereunto affixed their seals.

  ADDITIONAL ARTICLE

  The stipulations of the Convention concluded this day for theprotection of submarine cables shall be applicable, according to Article1, to the colonies and possessions of Her Britannic Majesty with theexception of the following, to wit: Canada, Newfoundland, The Cape, Natal,New South Wales, Victoria, Queensland, Tasmania, South Australia, WestAustralia, New Zealand.

  Nevertheless, the stipulations of the said Convention shall beapplicable to one of the above-named colonies or possessions, if, in itsname, a notification to that effect has been addressed by therepresentative of Her Britannic Majesty at Paris to the Minister ofForeign Affairs of France. COLONIES MAY ADHERE

  Each of the above-named colonies or possessions that shall haveadhered to the said Convention, shall have the privilege of withdrawingin the same manner as the contracting powers. In case one of the coloniesor possessions in question shall desire to withdraw from the Convention, anotification to that effect shall be addressed by Her Britannic Majesty'srepresentative at Paris to the Minister of Foreign Affairs of France.

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