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澳門特別行政區法例 |
共和國議會根據《憲法》第一百六十四條j項及第一百六十九條第五款之規定，議決通過於一九五零年三月二十一日在紐約成功湖開放簽署之《禁止販賣人口及意圖營利使人賣淫公約》以待批准；該公約之英文原文及有關譯本附於本決議。
一九九一年六月六日通過
共和國議會議長 祁偉濤
（一九九一年十月十日第233期《共和國公報》第一組-A）
Whereas prostitution and the accompanying evil of the traffic in persons for the purpose of prostitution are incompatible with the dignity and worth of the human person and endanger the welfare of the individual, the family and the community,
Whereas, with respect to the suppression of the traffic in women and children, the following international instruments are in force:
1. International Agreement of 18 May 1904 for the Suppression of the White Slave Traffic, as amended by the Protocol approved by the General Assembly of the United Nations on 3 December 1948,
2. International Convention of 4 May 1910 for the Suppression of the White Slave Traffic, as amended by the above-mentioned Protocol,
3. International Convention of 30 September 1921 for the Suppression of the Traffic in Women and Children, as amended by the Protocol approved by the General Assembly of the United Nations on 20 October 1947,
4. International Convention of 11 October 1933 for the Suppression of the Traffic in Women of Full Age, as amended by the aforesaid Protocol,
Whereas the League of Nations in 1937 prepared a draft Convention extending the scope of the above-mentioned instruments, and
Whereas developments since 1937 make feasible the conclusion of a convention consolidating the above-mentioned instruments and embodying the substance of the 1937 draft Convention as well as desirable alterations therein;
Now therefore
The Contracting Parties
Hereby agree as hereinafter provided:
The Parties to the present Convention agree to punish any person who, to gratify the passions of another:
1. Procures, entices or leads away, for purposes of prostitution, another person, even with the consent of that person;
2. Exploits the prostitution of another person, even with the consent of that person.
The Parties to the present Convention further agree to punish any person who:
1. Keeps or manages, or knowingly finances or takes part in the financing of a brothel;
2. Knowingly lets or rents a building or other place or any part thereof for the purpose of the prostitution of others.
To the extent permitted by domestic law, attempts to commit any of the offences referred to in articles 1 and 2, and acts preparatory to the commission thereof, shall also be punished.
To the extent permitted by domestic law, intentional participation in the acts referred to in articles 1 and 2 above shall also be punishable.
To the extent permitted by domestic law, acts of participation shall be treated as separate offences whenever this is necessary to prevent impunity.
In cases where injured persons are entitled under domestic law to be parties to proceedings in respect of any of the offences referred to in the present Convention, aliens shall be so entitled upon the same terms as nationals.
Each Party to the present Convention agrees to take all the necessary measures to repeal or abolish any existing law, regulation or administrative provision by virtue of which persons who engage in or are suspected of engaging in prostitution are subject either to special registration or to the possession of a special document or to any exceptional requirements for supervision or notification.
Previous convictions pronounced in foreign States for offences referred to in the present Convention shall, to the extent permitted by domestic law, be taken into account for the purpose of:
1. Establishing recidivism;
2. Disqualifying the offender from the exercise of civil rights.
The offences referred to in articles 1 and 2 of the present Convention shall be regarded as extraditable offences in any extradition treaty which has been or may hereafter be concluded between any of the Parties to this Convention.
The Parties to the present Convention which do not make extradition conditional on the existence of a treaty shall henceforward recognize the offences referred to in articles 1 and 2 of the present Convention as cases for extradition between themselves.
Extradition shall be granted in accordance with the law of the State to which the request is made.
In States where the extradition of nationals is not permitted by law, nationals who have returned to their own State after the commission abroad of any of the offences referred to in articles 1 and 2 of the present Convention shall be prosecuted in and punished by the courts of their own State.
This provision shall not apply if, in a similar case between the Parties to the present Convention, the extradition of an alien cannot be granted.
The provisions of article 9 shall not apply when the person charged with the offence has been tried in a foreign State and, if convicted, has served his sentence or had it remitted or reduced in conformity with the laws of that foreign State.
Nothing in the present Convention shall be interpreted as determining the attitude of a Party towards the general question of the limits of criminal jurisdiction under international law.
The present Convention does not affect the principle that the offences to which it refers shall in each State be defined, prosecuted and punished in conformity with its domestic law.
The Parties to the present Convention shall be bound to execute letters of request relating to offences referred to in the Convention in accordance with their domestic law and practice.
The transmission of letters of request shall be effected:
1. By direct communication between the judicial authorities; or
2. By direct communication between the Ministers of Justice of the two States, or by direct communication from another competent authority of the State making the request to the Minister of Justice of the State to which the request is made; or
3. Through the diplomatic or consular representative of the State making the request in the State to which the request is made; this representative shall send the letters of request direct to the competent judicial authority or to the authority indicated by the Government of the State to which the request is made, and shall receive direct from such authority the papers constituting the execution of the letters of request.
In cases 1 and 3 a copy of the letters of request shall always be sent to the superior authority of the State to which application is made.
Unless otherwise agreed, the letters of request shall be drawn up in the language of the authority making the request, provided always that the State to which the request is made may require a translation in its own language, certified correct by the authority making the request.
Each Party to the present Convention shall notify to each of the other Parties to the Convention the method or methods of transmission mentioned above which it will recognize for the letters of request of the latter State.
Until such notification is made by a State, its existing procedure in regard to letters of request shall remain in force.
Execution of letters of request shall not give rise to a claim for reimbursement of charges or expenses of any nature whatever other than expenses of experts.
Nothing in the present article shall be construed as an undertaking on the part of the Parties to the present Convention to adopt in criminal matters any form or methods of proof contrary to their own domestic laws.
Each Party to the present Convention shall establish or maintain a service charged with the co-ordination and centralization of the results of the investigation of offences referred to in the present Convention.
Such services should compile all information calculated to facilitate the prevention and punishment of the offences referred to in the present Convention and should be in close contact with the corresponding services in other States.
To the extent permitted by domestic law and to the extent to which the authorities responsible for the services referred to in article 14 may judge desirable, they shall furnish to the authorities responsible for the corresponding services in other States the following information:
1. Particulars of any offence referred to in the present Convention or any attempt to commit such offence;
2. Particulars of any search for and any prosecution, arrest, conviction, refusal of admission or expulsion of persons guilty of any of the offences referred to in the present Convention, the movements of such persons and any other useful information with regard to them.
The information so furnished shall include descriptions of the offenders, their fingerprints, photographs, methods of operation, police records and records of conviction.
The Parties to the present Convention agree to take or to encourage, through their public and private educational, health, social, economic and other related services, measures for the prevention of prostitution and for the rehabilitation and social adjustment of the victims of prostitution and of the offences referred to in the present Convention.
The Parties to the present Convention undertake, in connexion with immigration and emigration, to adopt or maintain such measures as are required in terms of their obligations under the present Convention, to check the traffic in persons of either sex for the purpose of prostitution.
In particular they undertake:
1. To make such regulations as are necessary for the protection of immigrants or emigrants, and in particular, women and children, both at the place of arrival and departure and while en route;
2. To arrange for appropriate publicity warning the public of the dangers of the aforesaid traffic;
3. To take appropriate measures to ensure supervision of railway stations, airports, seaports and en route, and of other public places, in order to prevent international traffic in persons for the purpose of prostitution;
4. To take appropriate measures in order that the appropriate authorities be informed of the arrival of persons who appear, prima facie, to be the principals and accomplices in or victims of such traffic.
The Parties to the present Convention undertake, in accordance with the conditions laid down by domestic law, to have declarations taken from aliens who are prostitutes, in order to establish their identity and civil status and to discover who has caused them to leave their State. The information obtained shall be communicated to the authorities of the State of origin of the said persons with a view to their eventual repatriation.
The Parties to the present Convention undertake, in accordance with the conditions laid down by domestic law and without prejudice to prosecution or other action for violations there under and so far as possible:
1. Pending the completion of arrangements for the repatriation of destitute victims of international traffic in persons for the purpose of prostitution, to make suitable provisions for their temporary care and maintenance;
2. To repatriate persons referred to in article 18 who desire to be repatriated or who may be claimed by persons exercising authority over them or whose expulsion is ordered in conformity with the law. Repatriation shall take place only after agreement is reached with the State of destination as to identity and nationality as well as to the place and date of arrival at frontiers. Each Party to the present Convention shall facilitate the passage of such persons through its territory.
Where the persons referred to in the preceding paragraph cannot themselves repay the cost of repatriation and have neither spouse, relatives nor guardian to pay for them, the cost of repatriation as far as the nearest frontier or port of embarkation or airport in the direction of the State of origin shall be borne by the State where they are in residence, and the cost of the remainder of the journey shall be borne by the State of origin.
The Parties to the present Convention shall, if they have not already done so, take the necessary measures for the supervision of employment agencies in order to prevent persons seeking employment, in particular women and children, from being exposed to the danger of prostitution.
The Parties to the present Convention shall communicate to the Secretary- General of the United Nations such laws and regulations as have already been promulgated in their States, and thereafter annually such laws and regulations as may be promulgated, relating to the subjects of the present Convention, as well as all measures taken by them concerning the application of the Convention. The information received shall be published periodically by the Secretary-General and sent to all Members of the United Nations and to non-member States to which the present Convention is officially communicated in accordance with article 23.
If any dispute shall arise between the Parties to the present Convention relating to its interpretation or application and if such dispute cannot be settled by other means, the dispute shall, at the request of any one of the Parties to the dispute, be referred to the International Court of Justice.
The present Convention shall be open for signature on behalf of any Member of the United Nations and also on behalf of any other State to which an invitation has been addressed by the Economic and Social Council.
The present Convention shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.
The States mentioned in the first paragraph which have not signed the Convention may accede to it.
Accession shall be effected by deposit of an instrument of accession with the Secretary-General of the United Nations.
For the purpose of the present Convention the word " State " shall include all the colonies and Trust Territories of a State signatory or acceding to the Convention and all territories for which such State is internationally responsible.
The present Convention shall come into force on the ninetieth day following the date of deposit of the second instrument of ratification or accession.
For each State ratifying or acceding to the Convention after the deposit of the second instrument of ratification or accession, the Convention shall enter into force ninety days after the deposit by such State of its instrument of ratification or accession.
After the expiration of five years from the entry into force of the present Convention, any Party to the Convention may denounce it by a written notification addressed to the Secretary-General of the United Nations.
Such denunciation shall take effect for the Party making it one year from the date upon which it is received by the Secretary-General of the United Nations.
The Secretary-General of the United Nations shall inform all Members of the United Nations and non-member States referred to in article 23:
(a) Of signatures, ratifications and accessions received in accordance with article 23;
(b) Of the date on which the present Convention will come into force in accordance with article 24;
(c) Of denunciations received in accordance with article 25.
Each Party to the present Convention undertakes to adopt, in accordance with its Constitution, the legislative or other measures necessary to ensure the application of the Convention.
The provisions of the present Convention shall supersede in the relations between the Parties thereto the provisions of the international instruments referred to in sub-paragraphs 1, 2, 3 and 4 of the second paragraph of the Preamble, each of which shall be deemed to be terminated when all the Parties thereto shall have become Parties to the present Convention.
IN FAITH WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed the present Convention, opened for signature at Lake Success, New York, on the twenty-first day of March, one thousand nine hundred and fifty, a certified true copy of which shall be transmitted by the Secretary-General to all the Members of the United Nations and to the non-member States referred to in article 23.
Nothing in the present Convention shall be deemed to prejudice any legislation which ensures, for the enforcement of the provisions for securing the suppression of the traffic in persons and of the exploitation of others for purposes of prostitution, stricter conditions than those provided by the present Convention.
The provisions of articles 23 to 26 inclusive of the Convention shall apply to the present Protocol.
鑑於淫業以及因此而起之販人操淫業之罪惡，侮蔑人格尊嚴與價值，危害個人、家庭及社會之幸福，
鑑於禁止販賣婦孺，有下列現行國際文書：
一、經聯合國大會一九四八年十二月三日所核定議定書修正之一九○四年五月十八日禁止販賣白奴國際協定，
二、經同議定書修正之一九一○年五月四日禁止販賣白奴國際公約，
三、經聯合國大會一九四七年十月二十日所核定議定書修正之一九二一年九月三十日禁止販賣婦孺國際公約，
四、經同議定書修正之一九三三年十月十一日禁止販賣成年婦女國際公約，
鑑於國際聯合會曾於一九三七年擬訂公約草案一件以擴充上述各項文書之範圍，又
鑑於一九三七年以後之發展，茲可訂立公約一項，併合上述各項文書，兼採一九三七年公約草案內容並加適當之修正；
各締約國
愛議定
下列各條款：
本公約締約國同意：對於意圖滿足他人情慾而有下列行為之一者，一應科罪：
一、凡招僱、引誘或拐帶他人使其賣淫，即使得本人之同意者；
二、使人賣淫，即使得本人之同意者。
本公約締約國並同意對於有下列行為之一者，一應處罰：
一、開設或經營娼寮，或知情而出資或資助者；
二、知情而以或租賃房舍或其他場所或其一部供人經營淫業者。
第一條及第二條之未遂罪，以及犯有上二項罪之準備行為者，在當地法律所許可之範圍內罰之。
故意共同犯上開第一條及第二條之罪者，亦應就當地法律所許可之範圍內加以懲處。
為防止倖免失罰有必要時，在當地法律所許可之範圍內，參加犯罪之行為，應作單獨罪行論。
如遇被害人依其本國法有權為本公約所稱罪行訴訟之當事人時，外國人民亦應有權為訴訟當事人，其條件與本國國民同。
本公約締約國各同意採取一切必要措施，對於規定賣淫或有賣淫嫌疑者，須經特別登記，或須領取特別證件，或須遵守監督或通知之特別條件之現行法律、規程，或行政規定，一律取消或廢止之。
前曾在其他國家經判決犯本公約所列之罪者，應就當地法律所許可之範圍內，合併論斷以決定：
一、累犯罪是否成立；
二、應否褫奪公權。
本公約第一條及第二條所列各罪應於本公約締約國間所訂或日後訂定之任何引渡條約中視為得行引渡之犯罪。
本公約締約國其不以訂有條約為引渡之條件者，此後應以本公約第一條及第二條所列各罪為彼此引渡之案件。
引渡應依受請國之法律為之。
引渡本國國民為法律所不許之國家，其國民在境外犯本公約之第一條及第二條各罪，而已回至該國者，應在該國法院予以追訴，並由該國法院處罰之。
如引渡外國人民為不可行者，本公約締約國間遇類似情形時，不適用本條之規定。
倘被告已在外國受審，且經定罪並已受刑之執行，或依該外國法律業予免除或減輕其刑者，不適用第九條之規定。
本公約中任何規定不得釋為限定締約國對於國際法下刑事轄權限一般問題之態度。
本公約不影響約文內所稱罪行應由各國依當地法律予以確立、追訴、及處罰之原則。
本公約各締約國對於他國為懲處本公約所載罪行所作之請求書，應有依本國法律及慣例辦理之義務。
請求書之遞送應依下列方式為之：
一、司法當局間直接行文；或
二、兩國司法部長間直接行文，或由提請國之其他主管當局直接移交受請國之司法部長；或
三、經由在受請國之請求國外交或領館代表送達：該代表應將請求書直接遞交主管司法當局或受請國政府指定機關當局，並應直接收受各該當局為處理所請事由而作之文件。
倘採用一、三兩項方式，則必須將請求書副本送交受請國之上級當局。
除另有約定外，請求書應以提請國之語文為之，但受請國得要求以其本國語文作成譯本，並由請求當局證明無誤。
本公約各締約國應通知本公約其他締約國上述各項方式中何者為其認可之請求方式。
在任何國家未發是項通知前，其關於請求書之現行程序應繼續有效。
依請求書所為之執行，不得因而索償專家費用以外之任何性質之規費。
本條規定不得釋為本公約各締約國擔允在刑事案件上採用違反其當地法律之任何取證方式或方法。
本公約各締約國應設立或維持特種機關，負責協調及彙集本公約所稱各罪之審訊結果。
此等機關應纂輯一切協進防止及懲治本公約所稱各罪之情報，並應與其他國家之類似機關保持密切聯繫。
第十四條所稱機關應在當地法律所許可之範圍及各該機關主管當局認為適當之範圍內，向其他國家之類似機關主管當局提供下列情報：
一、犯本公約所列各罪或任何犯罪未遂之詳情；
二、關於犯本公約所列各罪罪犯之偵緝、追訴、逮捕、宣判、禁止入境或軀逐出境之詳情，此等罪犯之行蹤以及關於彼等之任何其他有用情報。
所提供之此等情報應備載罪犯之特徵、指紋、像片、行為習慣、違警紀錄、犯罪紀錄。
本公約各締約國同意經由其公私教育、衛生、社會、經濟及其他有關機關採取或推進各種措施以防止淫業並對淫業及本公約所指罪行之被害人加以感化並改善其社會地位。
本公約締約國擔允對移入或移出人口遷動，依照本公約所規定之義務，採取或續施必需辦法，取締販賣男女以賣淫為業。
各締約國特為擔允：
一、制定必要之規章，對移入國境或移出國境之人等尤其婦孺，在其抵境及離境地點與途中，予以保護；
二、設法為適當之宣傳，曉喻民眾，告以上述販人賣淫之危險；
三、採取適當辦法，於火車站、飛機場、海港、沿途以及其他公共場所，嚴為監督，以防止國際販賣人口賣淫為業；
四、採取適當辦法俾遇有顯係從事此種販賣之主犯及從犯或被害人抵境時，主管當局即能獲悉。
本公約締約國擔允，依本國法律之規定，向賣淫之外國人取得口供，以憑確認其為本人及查明其根底，並查明誰為其離開本國之主使者，所獲供詞應送達此等人之原籍國當局，以便將來遣送其回籍。
本公約締約國擔允，依本國法律之規定，並在不妨礙因犯法而須予追訴或採取其他行動之情形下，盡可能
一、在國際販賣人口使操淫業之貧困被害者遣送回籍辦法籌劃竣事以前，對於此等人暫時妥予照料並維持其生活，
二、將第十八條所稱之人自願被送回籍者，或由聲明負責管理之人認領者，或依法判令驅逐出境者，遣送回籍。遣送回籍應於獲得送往國知悉被遣送人之形貌，國籍及抵達邊境之地點、日期等事表示同意後始得為之。本公約各締約國應予此等人以通過其領土之便利。
前項所稱之人如無力自償回籍費用，又無配偶、親戚或監護人為之代付，則將其送至距向原籍國之最近邊境或登船埠頭或飛機場之回籍費用，應由其現居國家擔負，至其餘途中費用，則應由原籍國擔負。
本公約締約國應採取必要辦法，對各種介紹職業之機關加以監察，以防求謀就業之人，尤其婦孺，有被誘賣淫之危險。
本公約締約國應將其前已頒布及嗣後每年或將頒布與本公約所述事項有關之法律及條例，以及為實施本公約所採取之一切辦法，通知聯合國秘書長。秘書長應定期印行所接獲之消息並將其送達聯合國所有會員國及依照第二十三條規定正式向其送致本公約之非會員國。
本公約締約國間倘因本公約之解釋及適用問題發生爭執而不能以其他方法解決時，則經爭執當事國任何一造之請求，應將其交由國際法院處理。
聯合國任何會員國及凡經經濟暨社會理事會邀請之其他國家均得簽署本公約。
本公約應批准之，其批准書應交存聯合國秘書長。
本條第一項所述之國家尚未簽署本公約者皆得加入本公約。
加入應以加入書交存聯合國秘書長。
就本公約之規定而言，“國家”一辭應兼指本公約締約國或加入國之所有殖民地與託管領土，以及此種國家負有國際義務之其他領土。
本公約於批准書或加入書二件交存聯合國秘書長後第九十日起發生效力。
對於在批准書或加入書二件交存後始行批准或加入本公約之國家，本公約於該國交存其批准書或加入書後第九十日起發生效力。
本公約發生效力後五年屆滿時，任一締約國均得以通知書送交聯合國秘書長聲明廢止之。
此項廢止應於聯合國秘書長接獲廢止聲明一年後對作廢止聲明之國家生效。
聯合國秘書長應通知聯合國各會員國及第二十三條所稱之非會員國：
（甲） 秘書長所收到依第二十三條而為之簽署、批准及加入；
（乙） 本公約依第二十四條規定而發生效力之日期；
（丙） 依第二十五條而為之廢止聲明。
本公約締約國擔允依其本國憲法制定為確保本公約之實施所必需之法律或其他辦法。
本公約之規定，就締約國間之關係言，應替代序言第二段中第一、二、三、四各分段所稱各項國際文書之規定，倘其中一項文書之所有締約國均已為本公約之締約國時，則該項文書應視為業已失效。
為此，下列代表各秉其本國政府所授全權，簽字於本公約，以昭信守。公曆一九五○年三月二十一日簽訂於紐約成功湖。由秘書長將本公約正式副本分送聯合國所有會員國及第二十三條所稱非聯合國會員國之國家。
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URL: http://www.macaulites.org/chi/mo/legis/laws/31910