TNAG-2831-FCO40-4084-Aviation-security-in-Hong-Kong-1993 — Page 17

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CH. 52

Piracy.

Provisions as to evidence in connection with aircraft.

1948 c. 56.

Tokyo Convention Act 1967

(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 to a fine not exceeding one hundred pounds.

4. For the avoidance of doubt, it is hereby declared that for the purposes of any proceedings before a court in the United Kingdom 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 jurisdic- tion 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.-(1) Where in any proceedings before a court in the United Kingdom 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 United Kingdom, there shall be admissible in evidence before that court any deposition relating to the subject matter of those pro- ceedings previously made on oath by that person outside the United Kingdom 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 1(3) of the British Nationality Act 1948 as for the time being in force, or which is part of Her Majesty's dominions, 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 consular 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.

Tokyo Convention Act 1967

Ch. 52

1045

(4) If a complaint is made to such a consular officer as aforesaid that any offence has been committed on a British- controlled aircraft while in flight elsewhere than in or over the United Kingdom, that officer may inquire into the case upon oath.

(5) In this section-

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(a) the expression "deposition" includes any affidavit,

affirmation or statement made upon oath ; and (b) the expression oath" includes an aflirmation 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.—(1) In any legal proceedings—

Provisions

as to

(a) a document purporting to be certified by such authority documentary or person as may be designated for the purpose by evidence. regulations made by the Board of Trade 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

1919 c. 67.

(ii) the Civil Aviation (Licensing) Act 1960 or 1960 c. 38. this Act,

by, or by the Minister in charge of, a government department, by an official of a government department who is specified for the purpose in any such Order in Council, or by the Air Registration Board or the Air Transport Licensing Board; 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 "Notam-United Kingdom ". shall be evidence, and in Scotland sufficient evidence, of the matters appearing from that document.

(2) Section 5 of the Civil Aviation (Eurocontrol) Act 1962 1962 c. 8. (which relates to the use as evidence of certain records of the position of an aircraft or of any message or signal transmitted to or received from an aircraft) shall apply to any legal proceed. ings; and the authorities or persons to be designated for the purposes of subsection (1) of that section shall, instead of being designated as mentioned in subsection (2) of that section, be designated in all cases by regulations made under this sub- section by the Board of Trade; and—

(a) the said subsection (2) is hereby repealed; but