CS 2
App. III]
Tokyo Convention.
[1969 Ed.
Powers of commander of aircraft.
(2) No proceedings for any offence under the law in force in the Territory committed on board an aircraft while in flight elsewhere than in or over the Territory (other than an offence under, or under any instrument made under, the Civil Aviation Act 1949(a)) shall be instituted except by or with the consent of the competent authority of the Territory, but the foregoing provisions of this subsection shall not prevent the arrest, or the issue of a warrant for the arrest, or any person in respect of any offence, or the remanding in custody or on bail of any person charged with any offence.
(3) For the purpose of conferring jurisdiction, any offence under the law in force in the Territory committed on board an aircraft in flight shall be deemed to have been committed in any place in the Territory where the offender may for the time being be; and section 62(1) of the Civil Aviation Act 1949 as set out with modifications and adaptations in the First Schedule to the Colonial Civil Aviation (Application of Act) Order 1952(b) is hereby revoked in its application to the Territory.
3. (1) The provisions of subsections (2) to (5) of this section shall have effect for the purposes of any proceedings before any court in the Territory.
(2) If the commander of an aircraft in flight, wherever that aircraft may be, has reasonable grounds to believe in respect of any person on board the aircraft-
(a) that the person in question has done or is about to do any act on the
aircraft while it is in flight which jeopardizes or may jeopardize- (i) the safety of the aircraft or of persons or property on board the
aircraft; or
(ii) good order and discipline on board the aircraft; or
(b) that the person in question has done on the aircraft while in flight any act which in the opinion of the 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 aircraft; 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 Territory 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 member 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 reasonable grounds to believe are immediately necessary to protect the safety of the aircraft or of persons or property on board the aircraft.
(a) 1949 c. 67.
(b) S.I. 1952/868 (1952 I, p. 565).
(