TNAG-2831-FCO40-4084-Aviation-security-in-Hong-Kong-1993 — Page 70

1974 Ed.]

Hijacking

[App. III

CZ 3

Violence against passengers or crew

2. (1) Without prejudice to section 1 of the Tokyo Convention Act 1967(a) (which makes similar provision for offences on board British-controlled aircraft) as extended to the Territory, where a person (of whatever nationality) does on board any aircraft (wherever registered) and while outside the Territory, any act which, if done in the Territory would constitute the offence 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(b) or section 2 of the Explosives Substances Act 1883(c), his act shall constitute that offence if it is done in connection with the offence of hijacking committed or attempted by him on board that aircraft.

(2) For the purposes only of this section the said sections of the Offences Against the Person Act 1861 and of the Explosives Substances Act 1883, if not already in force in the Territory, shall be deemed to be in force in the Territory as they are in force in England.

Extradition

3. There shall be deemed to be included among the descriptions of offences set out in Schedule 1 to the Fugitive Offenders Act 1967 as extended to the Territory any offence under this Act and any attempt to commit such an offence.

Aircraft operated by joint or international organization

4. If the Secretary of State by order made by statutory instrument declares-

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

organization or agency which operates aircraft; and

(b) that one of those States has been designated as exercising, for aircraft

so operated, the powers of the State of registration,

the State declared to have been designated as aforesaid 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.

Prosecution of Offences

5. (1) Proceedings for an offence under this Act shall not be instituted in the Territory, except by or with the consent of the Attorney-General of the Territory.

(2) In section 3 of the Visiting Forces Act 1952(d) (restriction of trial by United Kingdom courts) as extended to the Territory or any part thereof, the following shall be inserted after paragraph (b) of subsection (1):—

"or

(bb) the alleged offence is the offence of hijacking on board a military air-

craft in the service of that force"

and in subsection (4) for the words "paragraphs (b) and (c)" there shall be substituted the words "paragraphs (b) to (c)".

(3) In this section the expression "Attorney-General" includes the Solicitor- General, and if neither of such offices exists, the expression means that officer whose functions include the general control of public prosecutions.

L.N. 3/74.

(a)

1967 c. 32.

(b) 1861 c. 100.

(c)

(d)

1883 c. 3.

1952 c. 67.