TNAG-2831-FCO40-4084-Aviation-security-in-Hong-Kong-1993 — Page 97

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

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PART II

Power to require

aerodrome

managers to promote searches at aerodromes.

c. 36

Aviation Security Act 1982

13.-(1) For purposes to which this Part of this Act applics, the Secretary of State may give a direction in writing to the manager of any aerodrome in the United Kingdom requiring him to use his best endeavours to secure that such searches to which this section applies as are specified in the direction are carried out by constables or by other persons of a description specified in the direction.

(2) The searches to which this section applies, in relation to an aerodrome, are searches-

(a) of the aerodrome or any part of it;

(b) of any aircraft which at the time when the direction is given or at any subsequent time is in any part of the aerodrome; and

(c) of persons or property (other than aircraft) which may at any such time be in any part of the aerodrome.

(3) Without prejudice to section 7(1) of this Act, where a direction given under this section to the manager of an aerodrome is for the time being in force, then if a constable, or any other person specified in the direction in accordance with this section. has reasonable cause to suspect that an article to which section 4 of this Act applies is in, or may be brought into, any part of the aerodrome, he may, by virtue of this subsection and without a warrant, search any part of the aerodrome or any aircraft, vehicle, goods or other moveable property of any description which, or any person who, is for the time being in any part of the aero- drome, and for that purpose—

(a) may enter any building or works in the aerodrome, or enter upon any land in the aerodrome, if need be by force, and

(b) may stop any such aircraft, vehicle, goods, property or person and detain it or him for so long as may be necessary for that purpose.

(4) Any person who—

(a) refuses or fails to comply with a direction given to him

under this section, or

(b) wilfully obstructs or impedes a person acting in the exercise of a power conferred on him by subsection (3) above,

shall be guilty of an offence and liable-

(i) on summary conviction, to a fine not exceeding the statutory maximum;

(ii) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

Aviation Security Act 1982

c. 36

823

(5) Subsection (3) above shall have effect without prejudice to the operation, in relation to any offence under this Act-

PARTI

(a) in England and Wales, of section 2 of the Criminal Law 1967 c. 58.

Act 1967 (which confers power to arrest without war- rant) 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 1967 c. 18

(N.L.). Law Act (Northern Ireland) 1967.

14.-(1) Subject to the following provisions of this section, General the Secretary of State may give a direction in writing to any person who is-

power to direct measures to

(a) the operator of one or more aircraft registered or operat- be taken for

ing in the United Kingdom, or

(b) the manager of an aerodrome in the United Kingdom, requiring him to take, in respect of aircraft registered or operat- ing in the United Kingdom of which he is the operator or in respect of that aerodrome, as the case may be, such measures for purposes to which this Part of this Act applies as are specified in the direction.

(2) Without prejudice to the generality of subsection (1) above, the measures to be specified in a direction given under this section to an operator of aircraft, or to the manager of an aerodrome, may include the provision by the operator or mana- ger of persons charged with the duty (at such times as may be specified in the direction)—

(a) of guarding the aircraft, or

(b) of guarding the aerodrome, or persons or property

(including aircraft) in any part of the aerodrome,

against acts of violence.

(3) A direction given under this section may be either of a general or of a specific character, and may require any measures specified in the direction to be taken at such time or within such period as may be so specified.

(4) A direction given under subsection (1) above to an operator of aircraft may be given so as to relate either to all the aircraft registered or operating in the United Kingdom of which at the time when the direction is given or at any subsequent time he is the operator or only to one or more such aircraft, or to a class of such aircraft, specified in the direction.

purposes to which Part II applies.

t

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