Appendix C UK Statutory Instruments
(2) Any records that are admissible in evidence in any legal proceedings in the United Kingdom by virtue of section 5 of the Civil Aviation (Eurocontrol) Act 1962 as modified by section 6 (2) of this Act as in force in the United Kingdom, and of any regulations or Orders in Council made under or continued in force by either of those provisions, shall be admissible in evidence in any legal proceed- ings in the Territory.
7. Interpretation, etc.—(1) In this Act, except where the context otherwise requires, the follow- ing expressions have the following meanings respectively, that is to say-
"aircraft" means any aircraft, whether or not a British-controlled aircraft, other than-
(a) a military aircraft; or
(b) an aircraft which, not being a military aircraft, belongs to or is exclusively employed in the
service of Her Majesty in right of the United Kingdom or in right of any Territory;
but the Governor of any Territory with the approval of the Secretary of State may by order, which may be varied or revoked by a subsequent order, provide that any of the provisions of this Act shall apply with or without modifications to aircraft such as are mentioned in paragraph (b) of this defi- nition;
"British-controlled aircraft" means an aircraft-
(a) which is for the time being registered in the United Kingdom or in any Territory; or (b) which is not for the time being registered in any country but in the case of which either the operator of the aircraft or each person entitled as owner to any legal or beneficial interest in it satisfies the 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 Kingdom or in any Territory; and
(ii) that he resides or has his principal place of business in the United Kingdom or in any
Territory; 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;
"commander" in relation to an aircraft means the member of the crew designated as com- mander of that aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
"competent authority" means the Attorney-General of the Territory, or, where some other authority has general responsibility for and control of public prosecutions, that authority; "Convention country" means a country in which the Tokyo convention is for the time being in force; and any Order of Her Majesty in Council made under this Act and for the time being in force certifying that any country specified in the Order is for the time being a Convention country shall be conclusive evidence that the country in question is for the time being a Convention country;
"Governor", in relation to any Territory, means the officer for the time being administering the
Government of that Territory;
"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 the Civil Aviation Act 1949 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 or of the Governor of any Territory that any aircraft is or is not a military aircraft for the purposes of this Act shall be conclusive evidence of the fact certified; "operator" in relation to any aircraft at any time means the person who at that time has the
management of that aircraft;
"pilot in command" in relation to an aircraft means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft;
"Tokyo Convention" means the Convention on Offences and certain other Acts committed on
board Aircraft signed at Tokyo on 14th September 1963.
(2) For the purposes of this Act, the period during which an aircraft is in flight shall be deemed to include-
(a) any period from the moment when power is applied for the purpose of the aircraft taking off on a flight until the moment when the landing run (if any) at the termination of that flight ends; and
(b) for the purposes of section 3 of this Act-
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(i) any further period from the moment when all external doors, if any, of the aircraft are closed following embarkation for a flight until the moment when any such door is opened for disembarkation after that flight; and
(ii) if the aircraft makes a forced landing, any period thereafter until the time when the competent authorities of the country in which the forced landing takes place take over
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Tokyo Convention Act 1967 (Overseas Territories) Order 1968, S.I. 1968 No. 1864
the responsibility for the aircraft and for the persons and property on board the aircraft (being, if the forced landing takes place in the Territory, the time when an officer having functions corresponding to the functions in the United Kingdom of a constable arrives at the place of landing);
and any reference in this Act to an aircraft in flight shall include a reference to an aircraft during any period when it is on the surface of the sea or land but not within the territorial limits of any country. (3) In this Act, except where the context otherwise requires, any reference to any Territory or to any other country or the territorial limits thereof shall be construed as including a reference to the territorial waters, if any, of that Territory or country, and any reference to any Act (including this Act) or to any provision thereof shall be construed as including a reference to that Act or to that provision as extended to any Territory.
(4) For the purpose of construing this Act as part of any Territory to which it extends, "the Territory" means that Territory and "any Territory" means any of the Territories to which this Act extends.
(5) Any order of the Board of Trade for the time being in force in the United Kingdom by virtue of section 7 (4) of this Act as in force in the United Kingdom (which subsection provides for specifying the Convention country in which aircraft operated by joint air transport organisation or international operating agencies established by two or more Convention countries shall be treated as registered) shall have effect in the Territory.
SCHEDULE TO THE ACT
PROVISIONS OF Geneva ConvENTION ON THE HIGH SEAS TO BE TREATED AS PART OF THE LAW OF NATIONS
Article 15
Piracy consists of any of the following acts:
S. 4
(1) Any illegal acts of violence, detention or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:
(a) On the high seas, against another ship or aircraft, or against persons or property on board such
ship or aircraft;
(b) Against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
(2) Any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a private ship or aircraft;
(3) Any act of inciting or of intentionally facilitating an act described in sub-paragraph (1) or sub- paragraph (2) of this article.
Article 16
The acts of piracy, as defined in article 15, committed by a warship, government ship or government aircraft whose crew has mutinied and taken control of the ship or aircraft are assimilated to acts committed by a private ship.
Article 17
A ship or aircraft is considered a pirate ship or aircraft if it is intended by the person in dominant control to be used for the purpose of committing one of the acts referred to in article 15. The same applies if the ship or aircraft has been used to commit any such act, so long as it remains under the control of the person guilty of that act.
SCHEDULE 2 TO THE ORDER
Bahamas⭑
Bermuda
British Antarctic Territory
British Honduras (now Belize)*
British Indian Ocean Territory
British Solomon Islands Protectorate*
:
Cayman Islands
Central and Southern Line Islands (part of the Gilbert Islands now Kiribati)* Falkland Islands (Colony and Dependencies)
Fiji*
Gibraltar
Gilbert and Ellice Islands Colony⭑
Hong Kong
Montserrat
Shawcross, Issue 27
art. 3
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