TNAG-2831-FCO40-4084-Aviation-security-in-Hong-Kong-1993 — Page 36

817

{

816

c. 36

PART I

1967 c. 58.

1967 c. 18 (N.J.).

Prosecution of offences and proceedings.

Extradition.

1870 c. 52.

1967 c. 68.

Aviation Security Act 1982

(b) may arrest him without warrant and detain him for so

long as may be necessary for that purpose.

(2) Any person who wilfully obstructs or impedes a person acting in the exercise of a power conferred on him by subsection (1) above shall be guilty of an offence and liable-

(a) on summary conviction, to a fine not exceeding the

statutory maximum ;

(b) on conviction on indictment, to a fine or to imprison-

ment for a term not exceeding two years or to both. (3) Subsection (1) above shall have effect without prejudice to the operation in relation to any offence under this Act-

(a) in England and Wales, of section 2 of the Criminal Law Act 1967 (which confers power to arrest without warrant) or of section 3 of that Act (use of force in making arrest etc.); or

(b) in Scotland, of any rule of law relating to power to

arrest without warrant ; or

(c) in Northern Ireland, of section 2 or 3 of the Criminal

Law Act (Northern Ireland) 1967.

8.(1) Proceedings for an offence under any of the preceding provisions of this Part of this Act (other than sections 4 and 7) shall not be instituted-

(a) in England and Wales, except by, or with the consent

of, the Attorney General; and

(b) in Northern Ireland, except by, or with the consent of,

the Attorney General for Northern Ireland.

(2) As respects Scotland, for the purpose of conferring on the sheriff jurisdiction to entertain proceedings for an offence under or by virtue of section 2, 3 or 6(2)(b) or (c) of this Act, any such offence shall, without prejudice to any jurisdiction exercis- able apart from this subsection, be deemed to have been com- mitted in any place in Scotland where the offender may for the time being be.

9.-(1) There shall be deemed to be included-

(a) in the list of extradition crimes contained in Schedule I

to the Extradition Act 1870; and

(b) among the descriptions of offences set out in Schedule

I to the Fugitive Ossenders Act 1967;

any offence under any of the preceding provisions of this Part of this Act (other than sections 4 and 7).

Aviation Security Act 1982

c. 36

PART I

(2) Where no such arrangement as is mentioned in section 2 of the Extradition Act 1870 has been made with a State which 1870 c. 52.

is a party to a relevant Convention, an Order in Council applying that Act may be made under that section as if that Convention were such an arrangement with that State; but where that Act is so applied it shall have effect as if the only extradition crimes. within the meaning of that Act were the offences which are offences in pursuance of that Convention.

(3) For the purposes of subsection (2) above-

(a) the Convention for the Suppression of Unlawful Seizure of Aircraft signed at The Hague on 16th December 1970 is a relevant Convention and the offences which are offences in pursuance of that Convention are the offences under or by virtue of section 1 or 6(1) or (2)(a) of this Act and attempts to commit such offences; and

(b) the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation signed at Montreal on 23rd September 1971 is the only other relevant Convention and the offences which are offences in pur- suance of that Convention are the offences under or by virtue of section 2, 3 or 6(2)(b) or (c) of this Act and attempts to commit such offences.

(4) For the purposes of the Extradition Act 1870, any act wherever committed, which-

(a) is an offence under any of the preceding provisions of this Part of this Act (other than sections 4 and 7) or an attempt to commit such an offence, or would be such an offence or attempt but for section 1(2), 2(4), or 3(5) or (6) of this Act, and

(b) is an offence against the law of any State in the case of which that Act has been applied by an Order in Council under section 2 of that Act,

shall be deemed to be an offence committed within the juris- diction of that State.

PART II

PROTECTION OF AIRCRAFT, AERODROMES AND AIR NAVIGATION

INSTALLATIONS AGAINST ACTS OF VIOLENCE

General purposes

10.-(1) The purposes to which this Part of this Act applies Purposes to are the protection against acts of violence-

(a) of aircraft, and of persons or property on board air-

craft;

which Part II applies.