Proposal
5.
The provisions of the 1973 Act as applied to Hong Kong by
the 1973 Order will lapse as part of Hong Kong law on 30 June 1997.
The British side therefore proposes to introduce a Bill to localise
those provisions. The localising Ordinance, if enacted, will, with
certain exceptions mentioned in para. 6 below, make it an offence in
Hong Kong for a person, of whatever nationality, in Hong Kong or
elsewhere, to destroy, damage or by violence endanger the safety of
an aircraft or to do certain other acts endangering or likely to
endanger the safety of an aircraft in flight, whatever the State in
which the aircraft is registered. It will also make certain acts of
violence on board an aircraft offences in Hong Kong, whatever the
nationality of the offender and wherever the aircraft is registered,
if the act is likely to endanger the safety of the aircraft.
6.
The British side proposes that in the case of aircraft
used in military, customs or police service, the offence of
destroying, damaging or by violence endangering the safety of an
aircraft will only be made triable in Hong Kong if the act is
committed in Hong Kong or if the person committing the act is a
British national. The British side also proposes that in relation
to other acts endangering or likely to endanger the safety of an
aircraft in flight, acts committed outside Hong Kong will only be
triable in Hong Kong if the act is committed by a British national,
is likely to endanger the safety in flight of an aircraft registered
or chartered in Hong Kong, is committed on board an aircraft
registered in Hong Kong, or is committed on board an