1958年日内瓦公海公约 GENEVA CONVENTION ON THE HIGH SEAS， 1958

y on board. The courts of the State which carried outthe seizure may decide upon the penalties to be imposed， and may alsodetermine the action to be taken with regard to the ships， aircraft orproperty， subject to the rights of third parties acting in good faith.

　　Article 20

　　Where the seizure of a ship or aircraft on suspicion of piracy hasbeen effected without adequate grounds， the State making the seizure shallbe liable to the State the nationality of which is possessed by the shipor aircraft， for any loss or damage caused by the seizure.

　　Article 21

　　A seizure on account of piracy may only be carried out by warships ormilitary aircraft， or other ships or aircraft on government serviceauthorised to that effect.

　　Article 22

　　1. Except where acts of interference derive from powers conferred bytreaty， a warship which encounters a foreign merchant ship on the highseas is not justified in boarding her unless there is reasonable groundfor suspecting：

　　（a） That the ship is engaged in piracy； or

　　（b） That the ship is engaged in the slave trade； or

　　（c） That， though flying a foreign flag or refusing to show itsflag， the ship is， in reality， of the same nationality as the warship.

　　2. In the cases provided for in subparagraphs （a）， （b） and （c） above，the warship may proceed to verify the ship's right to fly its flag. Tothis end， it may send a boat under the command of an officer to thesuspected ship. If suspicion remains after the documents have beenchecked， it may proceed to a further examination on board the ship， whichmust be carried out with all possible consideration.

　　3. If the suspicions prove to be unfounded， and provided that the shipboarded has not committed any act justifying them， it shall be compensatedfor any loss or damage that may have been sustained.

　　Article 23

　　1. The hot pursuit of a foreign ship may be undertaken when thecompetent authorities of the coastal State have good reason to believethat the ship has violated the laws and regulations of that State. Suchpursuit must be commenced when the foreign ship or one of its boats iswithin the internal wat

ers or the territorial sea or the contiguous zoneof the pursuing State， and may only be continued outside the territorialsea or the contiguous zone if the pursuit has not been interrupted. It isnot necessary that， at the time when the foreign ship within theterritorial sea or the contiguous zone receives the order to stop， theship giving the order should likewise be within the territorial sea or thecontiguous zone. If the foreign ship is within a contiguous zone， asdefined in Article 24 of the Convention on the Territorial Sea and theContiguous Zone， the pursuit may only be undertaken if there has been aviolation of the rights for the protection of which the zone wasestablished.

　　2. The right of hot pursuit ceases as soon as the ship pursued entersthe territorial sea of its own country or of a third State.

　　3. Hot pursuit is not deemed to have begun unless the pursuing shiphas satisfied itself by such practicable means as may be available thatthe ship pursued or one of its boats or other craft working as a team andusing the ship pursued as a mother ship are within the limits of theterritorial sea， or as the case may be within the contiguous zone. Thepursuit may only be commenced after a visual or auditory signal to stophas been given at a distance which enables it to be seen or heard by theforeign ship.

　　4. The right of hot pursuit may be exercised only by warships ormilitary aircraft， or other ships or aircraft on government servicespecially authorised to that effect.

　　5. Where hot pursuit is effected by an aircraft：

　　（a） The provisions of paragraphs 1 to 3 of the present Articleshall apply mutaits mutandis；

　　（b） The aircraft giving the order to stop must itself activelypursue the ship until a ship or aircraft of the coastal State， summoned bythe aircraft， arrives to take over the pursuit， unless the aircraft isitself able to arrest the ship. It does not suffice to justify an arreston the high seas that the ship was merely sighted by the aircraft as anoffender or suspected offender， if it was not both ordered to stop andpursued by the aircraft itself or other aircraft or ships which continuethe pursuit without interruption.

　　6. The release of a ship arrested within the jurisdiction of a Stateand escorted to a port of that State for the purposes of an enquiry beforethe competent authorities， may not be claimed solely on the ground thatthe ship， in the course of its voyage， was escorted across a portion ofthe high seas， if the circumstances rendered this necessary.

　　7. Where a ship has been stopped or arrested on the high seas incircumstances which do not justify the exercise of the right of hotpursuit， it shall be compensated for any loss or damage that may have beenthereby sustained.Article 24

　　Every State shall draw up regulations to prevent pollution of the seasby the discharge of oil from ships or pipelines or resulting from theexploitation and exploration of the seabed and its subsoil， taking accountof existing treaty provisions on the subject.

　　Article 25

　　1. Every State shall take measures to prevent pollution of the seasfrom the dumping of radioactive waste， taking into account any standardsand regulations which may be formulated by the competent internationalorganisations.

　　2. All States shall co-operate with the competent internationalorganisations in taking measures for the prevention of pollution of theseas or air space above， resulting from any activities with radioactivematerials or other harmful agents.

　　Article 26

　　1. All States shall be entitled to lay submarine cables and pipelineson the bed of the high seas.

　　2. Subject to its right to take reasonable measures for theexploration of the continental shelf and the exploitation of its naturalresources， the coastal State may not impede the laying or maintenance ofsuch cables or pipelines.

　　3. When laying such cables or pi

pelines the State in question shallpay due regard to cables or pipelines already in position on the seabed.In particular， possibilities of repairing existing cables or pipelinesshall not be prejudiced.

　　Article 27

　　Every State shall take the necessary legislative measures to providethat the breaking or injury by a ship flying its flag or by a personsubject to its jurisdiction of a submarine cable beneath the high seasdone wilfully or through culpable negligence， in such a manner as to beliable to interrupt or obstruct telegraphic or telephonic communications，and similarly the breaking or injury of a submarine pipeline orhigh-voltage power cable shall be a punishable offence. This provisionshall not apply to any break or injury caused by persons who acted merelywith the legitimate object of saving their lives or their ships， afterhaving taken all necessary precautions to avoid such break or injury.

　　Article 28

　　Every State shall take the necessary legislative measures to providethat， if persons subject to its jurisdiction who are the owners of a cableor pipeline beneath the high seas， in laying or repairing that cable orpipeline， cause a break in or injury to another cable or pipeline， theyshall bear the cost of the repairs.

　　Article 29

　　Every State shall take the necessary legislative measures to ensurethat the owners of ships who can prove that they have sacrificed ananchor， a net or any other fishing gear， in order to avoid injuring asubmarine cable or pipeline， shall be indemnified by the owner of thecable or pipeline， provided that the owner of the ship has taken allreasonable precautionary measures beforehand.

　　Article 30

　　The provisions of this Convention shall not affect Conventions orother international agreements already in force， as between States Partiesto them.

　　Article 31

　　This Convention shall， until October 31， 1958， be open for signatureby all States Members of the United Nations or of any of the SpecialisedAgencies and by any other State invited by the General Assembly to becomea Party to the Convention.

　　Article 32

　　This Convention is subject to ratification. The instruments ofratification shall be deposited with the Secretary-General of the UnitedNations.

　　Article 33

　　This Convention shall be open for accession by any States belonging toany of the categories mentioned in Article 31. The instruments ofaccession shall be deposited with the Secretary-General of the UnitedNations.

　　Article 34

　　1. This Convention shall come into force on the thirtieth dayfollowing the date of deposit of the twenty-second instrument ofratification or accession with the Secretary-General of the UnitedNations.

　　2. For each State ratifying or acceding to the Convention after thedeposit of the twenty-second instrument of ratification or accession， theConvention shall enter into force on the thirtieth day after deposit bysuch State of its instruments of ratification or accession.

　　Article 35

　　1. After the expiration of a period of five years from the date onwhich this Convention shall enter into force a request for the revision ofthis Convention may be made at any time by any Contracting Party by meansof a notification in writing addressed to the Secretary-General.

　　2. The General Assembly of the United Nations shall decide upon thesteps， if any， to be taken in respect of such request.

　　Article 36

　　The Secretary-General of the United Nations shall inform all StatesMember

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