《聯合國海洋法公約》第111條 緊追權 Right of hot pursuit

《聯合國海洋法公約》第111條　緊追權Right of hot pursuit

一、沿海國主管當局有充分理由認為外國船舶違反該國法律和規章時，可對該外國船舶進行緊追。此項追逐須在外國船舶或其小艇之一在追逐國的內水、群島水域、領海或毗連區內時開始，而且只有追逐未曾中斷，才可在領海或毗連區外繼續進行。當外國船舶在領海或毗連區內接獲停駛命令時，發出命令的船舶並無必要也在領海或毗連區內。如果外國船舶是在第三十三條所規定的毗連區內，追逐只有在設立該區所保護的權利遭到侵犯的情形下才可進行。

1. The hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has violated the laws and regulations of that State. Such pursuit must be commenced when the foreign ship or one of its boats is within the internal waters, the archipelagic waters, the territorial sea or the contiguous zone of the pursuing State, and may only be continued outside the territorial sea or the contiguous zone if the pursuit has not been interrupted. It is not necessary that, at the time when the foreign ship within the territorial sea or the contiguous zone receives the order to stop, the ship giving the order should likewise be within the territorial sea or the contiguous zone. If the foreign ship is within a contiguous zone, as defined in article 33, the pursuit may only be undertaken if there has been a violation of the rights for the protection of which the zone was established.

二、對於在專屬經濟區內或大陸架上，包括大陸架上設施周圍的安全地帶內，違反沿海國按照本公約適用於專屬經濟區或大陸架包括這種安全地帶的法律和規章的行為，應比照適用緊追權。

2.  The right of hot pursuit shall apply mutatis mutandis to violations in the exclusive economic zone or on the continental shelf, including safety zones around continental shelf installations, of the laws and regulations of the coastal State applicable in accordance with this Convention to the exclusive economic zone or the continental shelf, including such safety zones.

三、緊追權在被追逐的船舶敕入其本國領海或第三國領海時立即終止。

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

四、除非追逐的船舶以可用的實際方法認定被追逐的船舶或其小艇之一或作為一隊進行活動而以被追逐的船舶為母船的其他船艇是在領海範圍內，或者，根據情況，在毗連區或專屬經濟區內或在大陸架上，緊追不得認為已經開始。追逐只有在外國船舶視聽所及的距離內發出視覺或聽覺的停駛信號後，才可開始。

4.  Hot pursuit is not deemed to have begun unless the pursuing ship has satisfied itself by such practicable means as may be available that the ship pursued or one of its boats or other craft working as a team and using the ship pursued as a mother ship is within the limits of the territorial sea, or, as the case may be, within the contiguous zone or the exclusive economic zone or above the continental shelf. The pursuit may only be commenced after a visual or auditory signal to stop has been given at a distance which enables it to be seen or heard by the foreign ship.

五、緊追權只可由軍艦、軍用飛機或其他有清楚標誌可以識別的為政府服務並經授權緊追的船舶或飛機行使。

5.  The right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect.

六、在飛機進行緊追時：

　（a）應比照適用第一至第四款的規定；

　（b）發出停駛命令的飛機，除非其本身能逮捕該船舶，否則須其本身積極追逐船舶直至其所召換的沿海國船舶或另一飛機前來接替追逐為止。飛機僅發現船舶犯法或有犯法嫌疑，如果該飛機本身或接著無間斷地進行追逐的其他飛機或船舶既未命令該船停駛也未進行追逐，則不足以構成在領海以外逮捕的理由。

6.  Where hot pursuit is effected by an aircraft:

(a) the provisions of paragraphs 1 to 4 shall apply mutatis mutandis;

(b) the aircraft giving the order to stop must itself actively pursue the ship until a ship or another aircraft of the coastal State, summoned by the aircraft, arrives to take over the pursuit, unless the aircraft is itself able to arrest the ship. It does not suffice to justify an arrest outside the territorial sea that the ship was merely sighted by the aircraft as an offender or suspected offender, if it was not both ordered to stop and pursued by the aircraft itself or other aircraft or ships which continue the pursuit without interruption.

七、在一國管轄範圍內被逮捕並被押解到該國港口以便主管當局審問的船舶，不得僅以其在航行中由於情況需要而曾被押解通過專屬經濟區的或公海的一部份理由而要求釋放。

7.  The release of a ship arrested within the jurisdiction of a State and escorted to a port of that State for the purposes of an inquiry before the competent authorities may not be claimed solely on the ground that the ship, in the course of its voyage, was escorted across a portion of the exclusive economic zone or the high seas, if the circumstances rendered this necessary.

八、在無正當理由行使緊追權的情況下，在領海以外被命令停駛或被逮捕的船舶，對於可能因此遭受的任何損失或損害應獲賠償。

8.  Where a ship has been stopped or arrested outside the territorial sea in circumstances which do not justify the exercise of the right of hot pursuit, it shall be compensated for any loss or damage that may have been thereby sustained.