Power of compounder of
lecraft.
2
Provided that this subsection shall not apply to any act or omission which is expressly or impliedly authorized by or under that law when taking place outside the Territory.
(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(x)) shall be institulęd 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 tight 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 Blight, wherever that aircraft may be. has reasonable grounds to believe in respect of any person an 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 fight 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 corumander is a serious offence under any law in force in the country in which the air- craft is registered, not being a law of a political nature or based on racial or religious discrimination,
then, subject la subsection (4) of this section, the commander may take with respect to that person such reasonable measures, including restreint of his person, as may be necessary-
() to protect the safety of the aircraft or of persons or propenly on
board the aircraft; or
(8) 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 subarction 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,
W 1949 c. 67.
0) S.. 1991/868 (1932 1. p. 163.
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(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 com. mander of the aircraft, and any such member shall I so required by that commander, render assistance in restraining any person whom the com mander ja 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 Hay,
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 be has reasonable grounds to believe are immediately necessary to protect the safety of the aircraft or of persona or property on board the aircraft.
(4) Any restraint imposed on any person on board an aircraft 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 lime the commander of the aircraft causes notification of the fact that a perion on board the aircraft is under restraint and of the reasons therefor to be sent to an appropriate authority of the country in which the aircraft so ceases to be in dight, 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 thereafter on which the com- mander is able with any requisite consent of the appropriate authorities to disembark or deliver the person under restraint in accordance 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-
(d) if in the case of any person on board the aircraft be has reason-
able grounds—
(1) to believe as mentioned in subsection (2)(a) of this section;
and
(i) to believe that it is necessary so to do in order to protect the safety of the aircraft or of persons or properly 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 reason- able grounds to believe as mentioned in subsection (2)(b) of this section, may deliver that person-
in the United Kingdom, to a constable or immigration officer; or
(ii) in any Territory or in any other country which is a Conven- tion country, to an officer having functions corresponding 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 alteraft, in the Territory,
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Private notes are available after approval.