Question 3731 — overseas

Summary

Ms. Mereana Reid Arbelot draws the attention of the Minister of State, Minister for Overseas Territories, to offenses related to maritime affairs. On the one hand, the Government of French Polynesia has once again sent to the minister in charge of overseas a draft law of the country relating to the investigation and reporting of offenses in maritime affairs, in accordance with article 32 of organic law no. 2004-192 of February 27, 2004. In accordance with this article, to adopt laws of the country intervening in the field of article 31 of the same statute (in particular the investigation and findings of offenses), the President of the Country or of the Assembly of Polynesia must transmit the draft law of the country to the Minister for Overseas, who has a period of two months after acknowledgment of receipt to present a draft decree to the Prime Minister. These include provisions which make it possible to entrust the powers of investigation, home visits, searches and seizures to officials and agents of the administrative service of Polynesia under the control of the judicial authority. The two previous referrals, in 2020 and 2022, remained unanswered. On the other hand, the Polynesian council of ministers expressed the wish that the French Republic adopts a law of approval of the sentence of imprisonment provided for in article L. 38 of the country's law no. 2020-16 of July 2, 2020 relating to maritime pilotage, which provides for a sentence of three months' imprisonment and a fine of 447,400 FCFP in repression of the lack of knowledge by a maritime pilot of his obligations to assist a ship in danger. In accordance with article 21 of the aforementioned organic law, only the penalty of fine can be applied, the penalty of imprisonment requiring approval by national law to be applied. Therefore, she asks him if he intends to allow Polynesia to fight effectively against offenses linked to maritime affairs.

Machine translation from French. The official text remains authoritative.

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