TNAG-2832-FCO40-4085-Aviation-security-in-Hong-Kong-1993 — Page 14

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

1336

PART I

1948 c. 56.

1965 c. 34.

c. 47

Protection of Aircraft Act 1973

substance which is likely to destroy the aircraft, or is likely so to damage it as to render it.incapable of flight or as to be likely to endanger its safety in flight; but nothing in this sub- section shall be construed as limiting the circumstances in which the commission of any act-

(a) may

constitute an offence under the preceding subsection, or

(b) may constitute attempting or conspiring to commit, or aiding, abetting, counselling or procuring, or being art and part in, the commission of such an offence.

(3) Except as provided by the next following subsection, sub- sections (1) and (2) of this section apply whether any such act as is therein mentioned is committed in the United Kingdom or elsewhere, whatever the nationality of the person committing the act and whatever the State in which the aircraft is registered.

(4) Subsections (1) and (2) of this section do not apply to any act committed in relation to an aircraft used in military, customs or police service unless-

(a) the act is committed in the United Kingdom, or

(b) where the act is committed outside the United Kingdom, the person committing it is a person to whom the next following subsection applies.

(5) This subsection applies to any person who is—

(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; or

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

British Nationality Act 1948.

(6) In this Part of this Act "unlawfully

""

(a) in relation to the commission of an act in the United Kingdom, means so as (apart from this Act) to con- stitute an offence under the law of the part of the United Kingdom in which the act is committed, and (b) in relation to the commission of an act outside the United Kingdom, means so that the commission of the act would (apart from this Act) have been an offence under the law of England if it had been committed in England or of Scotland if it had been committed in Scotland.

Protection of Aircraft Act 1973

44

**

c. 47

1337

PART I

(7) In this section act of violence means-

(a) any act done in the United Kingdom which constitutes the offence of murder, attempted murder, manslaughter, culpable homicide or assault or an offence under sec- tion 18, 20, 21, 22, 23, 24, 28 or 29 of the Offences 1861 c. 100. against the Person Act 1861 or under section 2 of the Explosive Substances Act 1883, and

1883 c. 3.

(b) any act done outside the United Kingdom which, if done in the United Kingdom, would constitute such an offence as is mentioned in the preceding paragraph.

2.-(1) It shall, subject to subsections (4) and (5) of this Other acts section, be an offence for any person unlawfully and intentionally endangering or to destroy or damage any property to which this subsection likely to

endanger applies, or to interfere with the operation of any such property, safety of where the destruction, damage or interference is likely aircraft. to endanger the safety of aircraft in flight.

(2) The preceding subsection applies to any property used for the provision of air navigation facilities, including any land, building or ship so used, and including any apparatus or equipment so used, whether it is on board an aircraft or elsewhere.

+

(3) It shall also, subject to subsections (4) and (5) of this section, be an offence for any person intentionally to com- municate any information which is false, misleading or deceptive in a material particular, where the communication of the information endangers the safety of an aircraft in flight or is likely to endanger the safety of aircraft in flight.

(4). It shall be a defence for a person charged with an offence under subsection (3) of this section to prove

(a) that he believed, and had reasonable grounds for believ

ing, that the information was true, or

(b) that, when he communicated the information, he was lawfully employed to perform duties which consisted of or included the communication of information and that he communicated the information in good faith in the performance of those duties.

(5) Subsections (1) and (3) of this section do not apply to the commission of any act unless either the act is committed in the United Kingdom, or, where it is committed outside the United Kingdom,-

(a) the person committing it is a person to whom section

1(5) of this Act applies, or

(b) the commission of the act endangers or is likely to endanger the safety in flight of a civil aircraft registered in the United Kingdom or chartered by demise to a lessee whose principal place of business, or (if he has

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