CS 4
App. III]
Tokyo Convention.
[1969 Ed.
Piracy.
Provisions as to evidence in connection with aircraft.
Provisions as to documentary evidence.
and any commander of an aircraft who without reasonable cause fails to comply with the requirements of this subsection shall be liable on summary conviction in the Territory to a fine not exceeding one hundred pounds.
4. For the avoidance of doubt, it is hereby declared that for the purposes of any proceedings before a court in the Territory in respect of piracy, the provisions set out in the Schedule to this Act of the Convention on the High Seas signed at Geneva on 29th April 1958 shall be treated as constituting part of the law of nations; and any such court having jurisdiction in respect of piracy committed on the high seas shall have jurisdiction in respect of piracy committed by or against an aircraft wherever that piracy is committed.
5. (1) Where in any proceedings before a court in the Territory for an offence committed on board an aircraft the testimony of any person is required and the court is satisfied that the person in question cannot be found in the Territory, there shall be admissible in evidence before that court any deposition relating to the subject matter of those proceedings previously made on oath by that person outside the Territory which was so made-
(a) in the presence of the person charged with the offence; and (b) before a judge or magistrate of a country such as is mentioned in section 1(3) of the British Nationality Act 1948(a) as for the time being in force, or which is part of Her Majesty's dominions, or in which Her Majesty for the time being has jurisdiction, or before a consular officer of Her Majesty's Government in the United Kingdom.
(2) Any such deposition shall be authenticated by the signature of the judge, magistrate or consular officer before whom it was made who shall certify that the person charged with the offence was present at the taking of the deposition.
(3) It shall not be necessary in any proceedings to prove the signature or official character of the person appearing so to have authenticated any such deposition or to have given such a certificate and such a certificate shall, unless the contrary is proved, be sufficient evidence in any proceedings that the person charged with the offence was present at the making of the deposition.
(4) If a complaint is made to such a consular officer as aforesaid that any offence has been committed on a British-controlled aircraft while in flight elsewhere than in or over the Territory, that officer may inquire into the case on oath.
(5) In this section-
(a) the expression "deposition" includes any affidavit, affirmation or
statement made upon oath; and
(b) the expression “oath" includes an affirmation or declaration in the case of persons allowed by law to affirm or declare instead of swearing;
and nothing in this section shall prejudice the admission as evidence of any deposition which is admissible in evidence apart from this section.
6. (1) In any legal proceedings-
(a) a document purporting to be certified by such authority or person as may be designated for the purpose by any regulations made by the Board of Trade under this Act as in force in the United Kingdom or by the Governor of any Territory as being, or being a true copy of, or of part of, a document issued or record kept in pursuance of—
(a) 1948 c. 56.
C