TNAG-2831-FCO40-4084-Aviation-security-in-Hong-Kong-1993 — Page 23

1969 Ed.]

Tokyo Convention.

[App. III

CS 3

(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 time the com- mander of the aircraft causes notification of the fact that a person 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 flight, 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 commander 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-

(a) if in the case of any person on board the aircraft he has reasonable

grounds-

(i) to believe as mentioned in subsection (2)(a) of this section; and (ii) to believe that it is necessary so to do in order to protect the safety of the aircraft or of persons or property 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 reasonable grounds to believe as mentioned in subsection (2)(b) of this section, may deliver that person-

(i) in the United Kingdom, to a constable or immigration officer; or (ii) in any Territory or in any other country which is a Convention 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 aircraft, in the Territory, shall report the fact of, and the reasons for, that disembarkation to-

(i) an appropriate authority in the country of disembarkation;

and

(ii) the appropriate diplomatic or consular office of the country of

nationality of that person;

(b) if he intends to deliver any person in accordance with subsection (5)(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 practi- cable after landing give notification of his intention and of the reasons therefor-

(i) where the country in question is the United Kingdom, to a con- stable 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;