TNAG-2534-FCO40-3704-Hong-Kong-aviation-security-1992 — Page 5

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Civil Aviation Act 1982, s 92

following requirements, namely—

(i) that he is a person qualified to be the owner of a legal or beneficial interest in an aircraft registered in the United King- dom; and

(ii) that he resides or has his principal place of business in the

United Kingdom; or

(c) which, being for the time being registered in some other country, is for the time being chartered by demise to a person who, or to persons each of whom, satisfies the requirements aforesaid;

"military aircraft" means-

(a) an aircraft of the naval, military or air forces of any country; or (b) any other aircraft in respect of which there is in force a certificate issued in accordance with any Order in Council in force under section 60, 87, 89, 91, 101 (1) (4) or 107 (2) of this Act that the aircraft is to be treated for the purposes of that Order in Council as a military aircraft;

and a certificate of the Secretary of State that any aircraft is or is not a military aircraft for the purposes of this section shall be conclusive evidence of the fact certified.

(6) In subsection (2) above, the words from "but" onwards shall (notwith- standing their enactment in this Act) have effect subject to any question arising as to the validity, in relation to any such provision as is re-enacted in the preceding provisions of that subsection, of the provisions from which the words derive, that is to say, Article 7 of the Prosecution of Offences (Northern Ireland) Order 1972 and paragraphs 67 and 68 of Part II of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1980.

93. Provisions as to extradition. [Repealed by the Criminal Justice Act 1988, Sch 16 and the Extradition Act 1989, Sch 2.]

[93A. Extradition under Part I of Criminal Justice Act 1988.—(1) Where- (a) no such arrangement as is mentioned in section 2 of the Extradition Act

1870 has been made with a Convention country; and

(b) general extradition arrangements have not been made with that country

under Part I of the Criminal Justice Act 1988,

Her Majesty may be Order in Council direct that the provisions of the Criminal Justice Act 1988 specified in subsection (2) below shall apply as between the United Kingdom and that country, subject to the limitations, restrictions, excep- tions and qualifications, if any, contained in the Order, as if the Convention constituted general extradition arrangements made with that country under Part I of that Act, but only in respect of the following offences-

(i) an offence committed on board an aircraft in flight registered in that

country;

(ii) an attempt to commit such an offence;

(iii) counselling, procuring, commanding, aiding or abetting such an

offence; and

(iv) being accessory before or after the fact to such an offence.

(2) The provisions of the Criminal Justice Act 1988 mentioned in subsection

(1) above are-

(a) section 1(1) to (8);

(b) sections 3 to 10; and

(c) sections 12 to 18.

(3) An Order in Council under this section may not provide that a court dealing with a person arrested for an offence mentioned in subsection (1) above Shawcross, Issue 41

B 431