Hot Pursuit Clause Samples

Hot Pursuit. 1. The Parties shall seek to cooperate in the hot pursuit of fishing vessels to the extent allowed by relevant national law, and in accordance with international law. 2. Hot pursuit may be continued into the territorial sea of a Party with the consent of that Party. Each Party shall notify the Administrator, through a hot pursuit notification, of: (a) whether it consents to hot pursuit being continued into its territorial sea and to which Party or Parties this consent applies; and (b) any conditions associated with the continuation of hot pursuit into its territorial sea, including any notification or reporting requirements. 3. Where hot pursuit is continued into the territorial sea of a Party on the basis of authority provided in a hot pursuit notification, the requirements regarding activity and report notifications do not apply. 4. Hot pursuit commences when: (a) the appropriate authorities have a good reason to believe that a vessel has violated the laws of the Party within whose waters the vessel is detected, either based upon: (i) direct visual contact; or (ii) evidence obtained by reliable technical means; and (b) a clear signal to stop has been given to the vessel. 5. Hot pursuit shall be deemed to have continued without interruption from the commencement of pursuit to the point of interception, provided that continual positive identification and tracking of the pursued vessel is maintained by resources authorised under this Agreement by the Party in whose waters the vessel was detected, whether by: (a) direct visual contact; or (b) reliable technical means.

Hot Pursuit. 1. Hot pursuit of a fishing vessel believed to be fishing illegally may be commenced by an authorised vessel of either Party pursuant to this Agreement. 2. Hot pursuit may be commenced upon fulfilling the following conditions: a. the authorities of the relevant Party have good reason to believe that the fishing vessel or one of its boats has violated the laws of the Party within whose maritime zone the vessel is detected. The basis for such belief may include: i. direct visual contact with the fishing vessel or one of its boats by the authorised vessel; or ii. evidence obtained by or on behalf of the authorised vessel by technical means; and b. a clear signal to stop has been given to the fishing vessel by or on behalf of the authorised vessel which enables it to be seen or heard by the fishing vessel. 3. Hot pursuit is deemed to have continued without interruption from the commencement of the hot pursuit to interception as long as the relevant authorised vessel or vessels: a. maintain continual positive identification and tracking of the fishing vessel by, inter alia, the means described in paragraphs 2(a)(i) and (ii) of this Article; and b. from time to time continue to signal the fishing vessel to stop. 4. An authorised vessel of one Party may take over the hot pursuit commenced by an authorised vessel of the other Party. 5. For the avoidance of doubt, the hot pursuit of a fishing vessel by a Party’s authorised vessel from that Party’s maritime zone is not subject to this Agreement even where an officer of the other Party is aboard the authorised vessel or the hot pursuit occurs through the maritime zone of the other Party.

Hot Pursuit. Finally, it has occasionally been suggested that cross border incursions against terrorists can be justified on grounds of ‘hot pursuit’.223 This reflects a mis- application of a doctrine applicable to the law of the sea, which ‘involves no violation of territorial sovereignty,’ to unlawful cross border incursions which do.224 Despite misunderstandings in this respect, there is little support in practice or doctrine for an exception to the prohibition on the use of force on these grounds.225

Hot Pursuit. 1. Officials of either Contracting Party pursuing in their Party’s territory a person observed in the act of committing a Customs offence of a type as defined by mutual arrangement in accordance with Article 28, or participating in such an offence, may continue pursuit in the territory of the other Contracting Party, subject to a prior request, authorization and any conditions the requested Contracting Party may impose. 2. If, for particularly urgent reasons, it has not been possible to inform the competent authorities of the other Contracting Party prior to entry into its territory or where those authorities have not been able to engage in active pursuit, the pursuit may be continued without prior authorization. 3. Where pursuit is continued without prior authorization, the competent authorities of the Contracting Party in whose territory the pursuit is continued, shall be immediately informed of the crossing of the border and a formal request for authorization, outlining the grounds for crossing the border without prior authorization, shall be submitted as soon as possible. 4. At the request of the pursuing officials, the competent authorities of the Contracting Party where the pursuit is taking place shall challenge the pursued person so as to establish his or her identity or to detain him or her. 5. Where the pursuit takes place on the sea, it shall, where it extends to the high sea, be carried out in conformity with the international law of the sea as reflected in the United Nations Convention on the Law of the Sea.

Hot Pursuit. (1) Subject to the provisions of paragraphs (2) and (3), a hot pursuit may be carried out, without any restriction, in any part of the territory of Cyprus. (2) Where the police officer who carries out the hot pursuit enters the constituent state where he has no jurisdiction, he shall immediately inform his constituent state police operations centre which, in turn, shall immediately inform the police operations centre of the other constituent state. The Police Force of the other constituent state shall strive to join the hot pursuit as soon as possible and assume command of the operation thereafter. a) Any person who, as a result of a hot pursuit, is arrested in a constituent state by a police officer (the arresting officer) belonging to the Police Force of the other constituent state, shall be immediately delivered by the arresting officer to the Police Force of the constituent state where the arrest was effected. b) Such Police Force, in full cooperation with the arresting officer and in the presence of the latter, shall bring the person arrested, as soon as practicable and, in any event, not later than twenty- four hours after his arrest, before the competent court of the constituent state where the arrest was effected. c) Such court may issue a warrant of arrest and direct that the arrested person be delivered to the Police Force of the constituent state where the alleged offence was committed.

Hot Pursuit. 132 Like the right of visit, hot pursuit may be conducted only by State ships and aircraft. A craft suspected of committing a prohibited act inside the territorial sea or contiguous zone of a coastal state may be pursued and captured outside the territorial sea or contiguous zone. The pursued ship must have violated a law or regulation of the coastal State in any area in which those laws or regulations are effective. For example, the ship must have violated a customs rule within the territorial sea, or a fishing regulation within the exclusive economic zone (EEZ). The pursuit must commence in the area where the violation was committed, and must be continuous. Pursuit must end once the ship enters the territorial sea of another State, regardless of where the violation was discovered – thus, some use the shorthand that hot pursuit only applies in “one direction.” Regarding piracy, the international nature of the crime of piracy may allow continuation of pursuit if contact cannot be established in a timely manner with the coastal State to obtain its consent. In such a case, pursuit must be broken off immediately upon request of the coastal State.133

Hot Pursuit. Hot pursuit can be initiated when an individual is observed in the act of committing, or participating in, a Customs offence and this individual is crossing the border in an attempt to evade apprehension. Contact must be established with the competent authorities of the Contracting Party in whose territory the hot pursuit is to take place to request their assistance in apprehending the individual. In particularly urgent circumstances, the pursuit can be continued without prior authorization provided that the crossing of the border is reported and a formal request is made as soon as possible afterwards. If those competent authorities are not able to react, the pursuing officials may continue the pursuit across the border to detain the individual until the competent authorities arrive to take charge of him or her. The whole procedure will normally end with the extradition of the individual and prosecution in the territory where the Customs offence was committed. Pursuits taking place on the high seas must comply with the relevant provisions of the United Nations Convention on the Law of the Seas.

Hot Pursuit. A. Any Village law enforcement officer, duly authorized as a peace officer, who observes the commission of a felony offense, a misdemeanor offense, and/or traffic offenses including civil infraction offenses off Trust lands, or who has reasonable cause to believe a felony or misdemeanor punishable in excess of 92 days has been committed off Trust lands, and pursues the offender without unreasonable delay, is authorized to continue that pursuit onto Trust lands until the offender is apprehended. The officer may issue citations or effect an arrest of the offender as if the officer had not entered onto Trust lands. The officer will notify LTBB Police as soon as it is reasonable after entry into Trust lands. The officer may request the assistance of LTBB Police as needed. B. Any LTBB law enforcement officer who observes the commission of a felony offense or a misdemeanor offense on Trust lands, or who has reasonable cause to believe a felony has been committed on Trust lands, and pursues the offender without unreasonable delay is authorized to continue that pursuit off of Trust lands until the offender is apprehended. The officer may issue citations or effect an arrest of the offender as if the officer had not left Trust lands. The officer will notify the Village Police Department as soon as it is reasonable after leaving Trust lands. The officer may request the assistance of Village officers as needed. C. The hot pursuit conducted under the provisions of this Agreement shall conform with the policy and procedure of the Village Police Department regarding high speed pursuit, whether on or off Trust lands. D. In the event of hot pursuit by LTBB officers off of Trust lands, the Village Police Department should be notified of any pursuit. A command officer with the Village Police Department has the authority to call off a pursuit by LTBB police officers on non-Trust lands pursuant to the Village pursuit policy. E. In the event of hot pursuit by Village officers on Trust lands, LTBB police should be notified of any pursuit. A command officer with the LTBB has the authority to call off a pursuit by Village officers on Trust lands pursuant to the LTBB pursuit policy.

Hot Pursuit. The Participants may, in accordance with their respective domestic law, policies and procedures, cooperate in the hot pursuit of a foreign ship where that hot pursuit is in accordance with international law, including Article 111 of the United Nations Convention on the Law of the Sea of 10 December 1982.