1042
CH. 52
Tokyo Convention Act 1967
Tokyo Convention Act 1967
Ch. 52
1043
commander is a serious offence under any law in force in the country in which the aircraft is registered, not being a law of a political nature or based on racial or religious discrimination,
then, subject to subsection (4) of this section, the commander may take with respect to that person such reasonable measures, including restraint of his person, as may be necessary.
(i) to protect the safety of the aircraft or of persons or
property on board the aircraft; or
(ii) to maintain good order and discipline on board the air-
craft; or
(iii) to enable the commander to disembark or deliver that person in accordance with subsection (5) of this section;
and for the purposes of paragraph (b) of this subsection any British-controlled aircraft shall be deemed to be registered in the United Kingdom whether or not it is in fact so registered and whether or not it is in fact registered in some other country.
(3) Any member of the crew of an aircraft and any other person on board the aircraft may, at the request or with the authority of the commander of the aircraft, and any such mem- ber shall if so required by that commander, render assistance in restraining any person whom the commander is entitled under subsection (2) of this section to restrain; and at any time when the aircraft is in flight any such member or other person may, without obtaining the authority of the commander, take with respect to any person on board the aircraft any measures such as are mentioned in the said subsection (2) which he has reason- able grounds to believe are immediately necessary to protect the safety of the aircraft or of persons or property on board the aircraft.
(4) Any restraint imposed on any person on board an air- craft under the powers conferred by the foregoing provisions of this section shall not be continued after the time when the aircraft first thereafter ceases to be in flight unless before or as soon as is reasonably practicable after that time the commander of the aircraft causes notification of the fact that a person on board the aircraft is under restraint and of the reasons there- for to be sent to an appropriate authority of the country in which the aircraft so ceases to be in flight, but subject to such notification may be continued after that time—
(a) for any period (including the period of any further flight) between that time and the first occasion there- after on which the commander is able with any requisite consent of the appropriate authorities to dis- embark or deliver the person under restraint in accord- ance with subsection (5) of this section; or
(b) if the person under restraint agrees to continue his
journey under restraint on board that aircraft.
(5) The commander of an aircraft-
(a) if in the case of any person on board the afrcraft he has
reasonable grounds~
(i) to believe as mentioned in subsection (2)(a) of this section; and
(ii) to believe that it is necessary so to do in order to protect the safety of the aircraft or of persons or property on board the aircraft or to maintain good order and discipline on board the aircraft,
may disembark that person in any country in which that aircraft may be; and
(b) if in the case of any person on board the aircraft he has reasonable grounds to believe as mentioned in subsection (2)(b) of this section, may deliver that person-
(i) in the United Kingdom, to a constable or immigration officer; or
(ii) in any other country which is a Convention country, to an officer having functions correspond- ing to the functions in the United Kingdom either of a constable or of an immigration officer.
(6) The commander of an aircraft—
(a) if he disembarks any person in pursuance of subsection (5)(a) of this section, in the case of a British-controlled aircraft, in any country or, in the case of any other aircraft, in the United Kingdom, shall report the fact of, and the reasons for, that disembarkation to---
(i) an appropriate authority in the country of disembarkation; and
(ii) the appropriate diplomatic or consular office of the country of nationality of that person; (b) if he intends to deliver any person in accordance with subsection (5)(b) of this section in the United King. dom or, in the case of a British-controlled aircraft. in any other country which is a Convention country, shall before or as soon as reasonably practicable after landing give notification of his intention and of the reasons therefor—
(i) where the country in question is the United Kingdom, to a constable or immigration oflicer or. in the case of any other country, to an officer having functions corresponding to the functions in the United Kingdom either of a constable or of an immigration officer;