单词 | Locus of crime |
释义 | 犯罪的地方 The place where the crime was committed. The locus of crime generally determines jurisdiction to try the offence. The traditional approach of the law, based on the common law, is that generally only conduct which is a criminal offence against the law of Hong Kong and occurs within the territorial limits of Hong Kong may be tried in the courts of Hong Kong: R v Oliphant [1905] 2 KB 67 (CCR). The common law is usually not concerned with crimes committed outside Hong Kong because the criminal law has been developed to protect the local community and not that of other places which must be left to make and enforce such laws as they find fit to protect their own societies: Liangsiriprasert v Government of the United States of America [1990] 2 HKLR 612, 2 All ER 866 (PC). However, where an offence is created by statute and the legislature expresses itself in general terms, it has been suggested that there is no reason to limit the extra- territorial effect of that legislation where the conduct abroad had an effect in the jurisdiction unless, consistent with international comity, such conduct can and should be dealt with by another country: R v Cheung Hay Din [1991] 1 HKC 250. Thus, an attempt outside Hong Kong to commit a crime whose result is in Hong Kong and a conspiracy to commit a crime aimed at Hong Kong is justiciable in Hong Kong: R v Latif and Shazad [1996] 1 All ER 353, 2 Cr App Rep 92 (HL). See also Plea to the jurisdiction; Terminatory theory. |
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