TNAG-2831-FCO40-4084-Aviation-security-in-Hong-Kong-1993 — Page 66

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

3

1328

c. 70

1948 c. 56.

1965 c. 34.

Violence against

passengers or crew.

1967 c. 52.

1861 c. 100. 1883 c. 3.

Hijacking Act 1971

(iii) the aircraft is registered in the United King- dom or is used in the military or customs service of the United Kingdom'or in the service of any police force in the United Kingdom.

(3) The persons referred to in subsection (2)(i) of this section are the following, namely,-

(a) a citizen of the United Kingdom and Colonies; (b) a British subject by virtue of section 2 of the British

Nationality Act 1948;

(c) a British subject without citizenship by virtue of section

13 or section 16 of that Act;

(d) a British subject by virtue of the British Nationality

Act 1965; and

(c) a British protected person within the meaning of the

British Nationality Act 1948.

(4) A person who-

(a) commits the offence of hijacking; or

(b) in the United Kingdom induces or assists the com- mission elsewhere of an act which would be the offence of hijacking but for subsection (2) of this section ; shall be liable on conviction on indictment to imprisonment for life.

(5) For the purposes of this section the period during which an aircraft is in flight shall be deemed to include any period from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation, and, in the case of a forced landing, any period until the competent authorities take over responsibility for the aircraft and for persons and property on board.

(6) For the purposes of this section the territorial waters of any State shall be treated as part of its territory.

(7) In this section "military service" includes naval and air-force service.

2. Without prejudice to section 1 of the Tokyo Convention Act 1967 (which makes similar provision for offences on board British-controlled aircraft), where a person (of whatever nationality) docs on board any aircraft (wherever registered) and while outside the United Kingdom any act which, if done in the United Kingdom (or, as the case may be, in England, Wales or Northern Ireland or in Scotland) would constitute the ossence of murder, attempted murder, manslaughter, culpable homicide or assault or an offence under section 18, 20, 21, 22, 23, 28 or 29 of the Offences Against the Person Act 1861 or section 2 of the Explosive Substances Act 1883, his act shall

Aijacking Act 1971

c. 70

1 129

constitute that offence if it is done in connection with the offence of hijacking committed or attempted by him on board that aircraft.

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

Extradition.

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

to the Extradition Act 1870; and

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

to the Fugitive Offenders Act 1967;

any offence under this Act and (so far as not so included by virtue of the foregoing) any attempt to commit such an ollence.

(2) Where no such arrangement as is mentioned in section 2 of the Extradition Act 1870 has been made with a State which is a party to the Convention, an Order in Council applying that Act may be made under that section as if the 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 offences under this Act and attempts to commit such offences.

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

(a) is an offence under this Act or an attempt to commit such an offence or would be such an offence or attempt but for section 1(2) 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 thereof;

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

(4) In this section "the Convention means the Convention for the Suppression of Unlawful Seizure of Aircraft signed at The Hague on 16th December 1970.

4.-(1) If the Secretary of State by order declares-

1870 c. 52.

1967 c. 68.

Aircraft (a) that any two or more States named in the order have

operated established an organisation or agency which operates international

by joint or aircraft; and

organisation.

(b) that one of those States has been designated as exercis- ing, for aircraft so operated, the powers of the State of registration,

the State declared under paragraph (b) of this subsection shall : be deemed for the purposes of this Act to be the State in which any aircraft so operated is registered; but in relation to such an aircraft section 1(2)(b) of this Act shall have effect as if it referred to the territory of any one of the States named in the order.

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