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1957年国际偷渡公约 INTERNATIONAL CONVENTION RELATING TO STOWAWAYS, 1957

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颁布日期:19571010  实施日期:19571010  颁布单位:布鲁塞尔

  The High Contracting Parties,

  Having recognised the desirability of determining by agreement certainuniform rules relating to stowaways, have decided to conclude a Conventionfor this purpose and thereto have agreed as follows:

  Article 1

  In this Convention the following expressions shall have the meaningsspecified hereunder:

  “Stowaway” means a person who, at any port or place in the vicinitythereof, secretes himself in a ship without the consent of the shipowneror the Master or any other person in charge of the ship and who is onboard after the ship has left that port or place.

  “Port of Embarkation” means the port or place in the vicinity thereofat which a stowaway boards the ship on which he is found.

  “Port of Disembarkation” means the port at which the stowaway isdelivered to the appropriate authority in accordance with the provisionsof this Convention.

  “Appropriate authority” means the body or person at the port ofdisembarkation authorised by the Government of the State in which thatport is situated to receive and deal with stowaways in accordance with theprovisions of this Convention.

  “Owner” includes any charterer to whom the ship is demised.

  Article 2

  (1) If on any voyage of a ship registered in or bearing the flag of aContracting State a stowaway is found in a port or at sea, the Master ofthe ship may, subject to the provisions of paragraph (3), deliver thestowaway to the appropriate authority at the first port in a ContractingState at which the ship calls after the stowaway is found, and at which heconsiders that the stowaway will be dealt with in accordance with theprovisions of this Convention.

  (2) Upon delivery of the stowaway to the appropriate authority, theMaster of the ship shall give to that authority a signed statementcontaining all information in his possession relating to that stowawayincluding his nationality or nationalities, his port of embarkation andthe date, time and geographical position of the ship when the stowaway wasfound, as well as the port of departure of the ship and the subsequentports of call with dates of arrival and departure.

  (3) Unless the stowaway is under a previous individual order ofdeportation or prohibition from entry, the appropriate authority of aContracting State shall receive any stowaway delivered to it in accordancewith the foregoing provisions of this Article and deal with him inaccordance with the provisions of this Convention.

  Article 3

  When a stowaway is delivered to the appropriate authority at the portof disembarkation:

  (1) This authority may return him to any State of which it considersthat he is a national and is admitted as such by that State.

  (2) When, however, the State or States of which the appropriateauthority consider the stowaway to be a national refuses or refuse toaccept his return, or when the appropriate authority is satisfied that thestowaway possesses no nationality or that, for reasons mentioned inArticle 5 (2), he should not be returned to his own country, then the saidauthority may, subject to the provisions of Article 5 (2), return thestowaway to the State in which the port which they consider to have beenhis port of embarkation is situated.

  (3) However, if the stowaway cannot be returned as provided underparagraph (1) or (2) of this Article, the appropriate authority may,subject to the provisions of Article 5 (2), return him to the State inwhich the last port at which the ship called prior to his being found issituated.

  (4) Finally, when the stowaway cannot be returned as provided underparagraph (1), (2) or (3) of this Article, the appropriate authority mayreturn him to the Contracting State whose flag was flown by the ship inwhich he was found.

  The State to which the stowaway is accordingly returned, shall bebound to accept the stowaway, subject to the provisions of Article 2 (3)。

  Article 4

  The costs of maintenance of a stowaway at his port of disembarkationas well as those for returning him to the country of which he is anational shall be defrayed by the shipowner, without prejudice to theright of recovery, if any, from the State of which the stowaway is anational.

  In all other cases the shipowner shall defray the costs of returningthe stowaway but he will not be liable to defray maintenance costs for aperiod exceeding three months from the time when the stowaway is deliveredto the appropriate authority.

  Any obligation to provide a deposit or bail as a guarantee for paymentof the above costs shall be determined by the law of the port ofdisembarkation.

  Article 5

  (1) The powers conferred by this Convention on the Master of a shipand on an appropriate authority, with respect to the disposal of astowaway, shall be in addition to and not in derogation of any otherpowers or obligations which he or they may have in that respect.

  (2) As regards the application of the provisions of this Convention,the Master and the appropriate authorities of the port of disembarkationwill take into account the reasons which may be put forward by thestowaway for not being disembarked at or returned to those ports of Statesmentioned in this Convention.

  (3) The provisions of this Convention shall not in any way affect thepower or obligation of a Contracting State to grant political asylum.

  Article 6

  This Convention shall be open for signature by the States representedat the tenth session of the Diplomatic Conference on Maritime Law.

  Article 7

  This Convention shall be ratified and the instruments of ratificationshall be deposited with the Belgian Government which shall notify throughdiplomatic channels all signatory and acceding States of their deposit.

  Article 8

  (1) This Convention shall come into force between the ten States whichfirst ratify it, six months after the date of the deposit of the tenthinstrument of ratification.

  (2) This Convention shall come into force in respect of each signatoryState which ratifies it after the deposit of the tenth instrument ofratification, six months after the date of the deposit of the instrumentof ratification of that State.

  Article 9

  Any State not represented at the tenth session of the DiplomaticConference on Maritime Law may accede to this Convention.

  The instruments of accession shall be deposited with the BelgianGovernment which shall inform through diplomatic channels all signatoryand acceding States of the deposit of any such instruments.

  The Convention shall come into force in respect of the acceding Statesix months after the date of the deposit of the instrument of accession ofthat State, but not before the date of entry into force of the Conventionas established by Article 8 (1)。

  Article 10

  Each High Contracting Party shall have the right to denounce thisConvention at any time after the coming into force thereof in respect ofsuch High Contracting Party. Nevertheless, this denunciation shall onlytake effect one year after the date on which notification thereof has beenreceived by the Belgian Government which shall inform through diplomaticchannels all signatory and acceding States of such notification.

  Article 11

  (1) Any High Contracting Party may at the time of its ratification ofor accession to this Convention or at any time thereafter declare bywritten notification to the Belgian Government that the Convention shallextend to any of the territories for whose international relations it isresponsible. The Convention shall six months after the date of the receiptof such notification by the Belgian Government extend to the territoriesnamed therein, but not before the date of the coming into force of theConvention in respect of such High Contracting Party.

  (2) Any High Contracting party which has made a declaration underparagraph (1) of this Article extending the Convention to any territoryfor whose international relations it is responsible may at any timethereafter declare by notification given to the Belgian Government thatthe Convention shall cease to extend to such territory. This denunciationshall take effect one year after the date on which notification thereofhas been received by the Belgian Government.

  (3) The Belgian Government shall inform through diplomatic channelsall signatory and acceding States of any notification received by it underthis Article.

  Article 12

  Any High Contracting Party may three years after the coming into forceof this Convention in respect of such High Contracting Party or at anytime thereafter request that a Conference be convened in order to consideramendments to this Convention.

  Any High Contracting Party proposing to avail itself of this rightshall notify the Belgian Government which shall convene the Conferencewithin six months thereafter.

  In witness whereof the Plenipotentiaries, duly authorized, have signedthis Convention.

  Done at Brussels, this tenth day of October 1957, in the French andEnglish languages, the two texts being equally authentic, in a singlecopy, which shall remain deposited in the archives of the BelgianGovernment, which shall issue certified copies.

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