Page:United States Statutes at Large Volume 55 Part 2.djvu/688

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [55 STAT. the Government of the Territory may take such steps therein as shall be agreed with the United States to be desirable for the maintenance of public health, safety, law and order, and, if necessary, for defence. ARTICLE IV. Jurisdiction. (1) In any case in which- (a) a member of the United States forces, a national of the United States or a person who is not a British subject shall be charged with having committed, either within or with- out the Leased Areas, an offence of a military nature, punishable under the law of the United States, includ- ing, but not restricted to, treason, an offence relating to sabotage or espionage, or any other offence relating to the security and protection of United States naval and air Bases, establishments, equipment or other property or to operations of the Government of the United States in the Territory; or (b) a British subject shall be charged with having committed any such offence within a Leased Area and shall be appre- hended therein; or (c) a person other than a British subject shall be charged with having committed an offence of any other nature within a Leased Area, the United States shall have the absolute right in the first instance to assume and exercise jurisdiction with respect to such offence. (2) If the United States shall elect not to assume and exercise such jurisdiction the United States Authorities shall, where such offence is punishable in virtue of legislation enacted pursuant to Article V or otherwise under the law of the Territory, so inform the Government of the Territory and shall, if it shall be agreed between the Government of the Territory and the United States Authorities that the alleged offender should be brought to trial, surrender him to the appropriate authority in the Territory for that purpose. (3) If a British subject shall be charged with having committed within a Leased Area an offence of the nature described in paragraph (1) (a) of this Article, and shall not be apprehended therein, he shall, if in the Territory outside the Leased Areas, be brought to trial before the courts of the Territory; or, if the offence is not punishable under the law of the Territory, he shall, on the request of the United States Authorities, be apprehended and sur- rendered to the United States Authorities, and the United States shall have the right to exercise jurisdiction with respect to the al- leged offence. (4) When the United States exercises jurisdiction under this Article and the person charged is a British subject, he shall be tried by a United States court sitting in a Leased Area in the Territory. (5) Nothing in this Agreement shall be construed to affect, prejudice or restrict the full exercise at all times of jurisdiction and