TNAG-2534-FCO40-3704-Hong-Kong-aviation-security-1992 — Page 8

Tokyo Convention Act 1967 (Overseas Territories) Order 1968, S.I. 1968 No. 1864

(b) if he intends to deliver any person in accordance with subsection (s) (b) of this section in the United Kingdom or in any Territory or, in the case of a British-controlled aircraft, in any other country which is a Convention country, shall before or as soon as reasonably practic- able after landing give notification of his intention and of the reasons therefor

(i) where the country in question is the United Kingdom, to a constable or immigration officer or, in the case of any Territory or any other country, to an officer having functions corresponding to the functions in the United Kingdom either of a constable or of an immigration officer;

(ii) in either case to the appropriate diplomatic or consular office of the country of nationality

of that person;

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. Piracy. For the avoidance of doubt, it is hereby declared that for the purposes of any pro- ceedings 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. Provisions as to evidence in connection with aircraft.-(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 I (3) of the British Nationality Act 1948 as for the time being in force, or which is part of Her Majesty's do- minions, 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 con- sular 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 com- mitted 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. Provisions as to documentary evidence.—(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—

(i) an Order in Council made under section 8 of the Civil Aviation Act 1949, or (ii) the Civil Aviation (Licensing) Act 1960 or this Act,

by, or by the Minister in charge of, a Government Department, by an official of a Govern- ment Department who is specified for the purpose in any such Order in Council, or by the Air Registration Board of the United Kingdom or the Air Transport Licensing Board of the United Kingdom or by the competent authority in any Territory for the registration or licensing of aircraft; or

(b) a document printed by Her Majesty's Stationery Office and purporting to be the publication known as the "United Kingdom Air Pilot" or a publication of the series known as "Notanı- United Kingdom" or a publication in the Official Gazette for any Territory of a notice similar to a "Notam-United Kingdom" but notifying matters related to any Territory shall be evidence of the matters appearing from that document.

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