TNAG-2831-FCO40-4084-Aviation-security-in-Hong-Kong-1993 — Page 3

5.

The provisions of the 1967 Act as applied to Hong Kong by

the 1968 Order will lapse as part of the law of Hong Kong on 30 June

will

1997. The British side therefore proposes to introduce a Bill to

localise those provisions. The localising Ordinance, if enacted,

will provide that any act or omission taking place outside Hong Kong

on board a Hong Kong-registered aircraft which, if it took place in

Hong Kong would be an offence, shall be an offence in Hong Kong,

unless the act or omission is expressly authorised by Hong Kong law

when taking place outside Hong Kong. It will also confer powers on

the commander of an aircraft to enable him to maintain the safety of

the aircraft and good order and discipline on board the aircraft,

and will make ancillary provisions including provisions relating to

evidence.

6.

The 1967 Act has been replaced for the United Kingdom by

certain sections of the Civil Aviation Act 1982 and in preparing the

localising Bill the British side will have regard to the provisions

of that Act. In its essentials, however, the Bill will reproduce

the provisions of the 1967 Act as applied to Hong Kong by the 1968

Order.

7.

The 1967 Act, as applied to Hong Kong, recognises that the

Convention on the High Seas, signed at Geneva on 29 April 1958, as

to piracy is declaratory of customary international law and

accordingly provides that domestic courts should follow the

definition of piracy in the Convention. The Chinese side will be