CATHAY PACIFIC
My Ref:
TECQF/SEC/25
ра
2 December 1992
Mr John Woodrow
Room 312
нко
Hong Kong Department
Foreign and Commonwealth of
Old Admiralty Building Whitehall
London SW1A 2AF
Dear Mr Woodrow
CATHAY PACIFIC AIRWAYS LIMITED Room 614, North Roof Office Block, Gatwick Airport, Gatwick,
W. Sussex RH6 OPS.
Telephone:
Customer Services:
Cargo:
Telex:
181136
"Telex::*
Fax:
DIN REGISTRY
DEC 1992
CCK OFFICEA
FA
Action Takez
CRIMINAL OFFENCES ON BOARD AIRCRAFT
(0293) 502058
Crawley (0293) 502087/9 Crawley (0293) 502094/6 918120 Cathex G.
(CARGO) 295397 Cathex G. Crawley (0293) 561320
My Lovett AMD. ong to your Legal Actuga Cass Brooks tells but me that same years
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time explang yus at Further to my outline discussion I, on behalf of Cathay Bill McArth Pacific Airways Limited, would welcome your assistance in the complex issue of legal jurisdiction for criminal offences committed on board aircraft; specifically those registered in Hong Kong and operated by Cathay Pacific Airways.
The offence that has highlighted the anomaly occurred on Sunday 22 November aboard VR-HIR operating as schedule CX201 between Bahrain and London Gatwick. Basically a passenger of French nationality living in Britain, assaulted a member of the cabin crew (approximately in Turkish airspace) and was forcibly restrained pending ultimate landing at Gatwick. The Sussex Police attended the aircraft and made an initial arrest pending clarification of the offence and more importantly jurisdiction. The assailant was later released to bail due possession of a suspicious substance, not because of his criminal assault.
By interpretation of UK Law, Sussex Police believe there to be no UK jurisdiction on offences committed aboard Hong Kong registered aircraft; this has been confirmed by Beaumont & Sons (aviation lawyers). Regardless of the ongoing problems associated with subsequent assaults committed by the same
is thenk, passenger, Cathay Pacific Airways and their operating crews
unique i this ?
are left in the invidious position of being legally unprotected against assaults by passengers when operating into the United Kingdom.
This issue is all the more perverse when viewed against the practice of the UK Department of Transport (Transport Security Division) actively inspecting Cathay Pacific Airways for maintenance of international aviation security standards with UK standards at the benchmark; apparently the UKDTP act as advisers to the Foreign and Commonwealth office who empower such inspections under the Dependant Territories Act. By extrapolation, if Cathay Pacific Airways can be held accountable for aviation security using such legislation,is there not an equally sound position for empowerment of the full weight of the law in respect of criminal offences
The Swire Group Incorporated in Hong Kong