TNAG-2832-FCO40-4085-Aviation-security-in-Hong-Kong-1993 — Page 16

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c. 47

PART I

1971 c. 70.

S.I. 1972, No. 538 (N.J. L.).

Protection of Aircraft Act 1973

courts of offenders connected with visiting force) the following amendments shall be made in substitution for those made by section 5(2) of the Hijacking Act 1971, that is to say, in sub- section (1) of that section, at the end of paragraph (c) there shall be inserted the words "or

(d) the alleged offence is the offence of hijacking on board a military aircraft in the service of that force or con- sists of inducing or assisting, in relation to such an aircraft, the commission of any such act as is mentioned in section 1(4)(b) of the Hijacking Act 1971; or (e) the alleged offence is an offence under section 1 or sec- tion 2 of the Protection of Aircraft Act 1973, or con- sists of inducing or assisting the commission of any such act as is mentioned in section 3(!) of that Act, where (in either case) one or more such aircraft was or were the only aircraft alleged to have been, or to have been likely to be, thereby destroyed or damaged or whose safety is alleged to have been, or to have been likely to be, thereby endangered ”,

and in subsection (4) of that section, after the words "paragraphs (b) and (c) of subsection (1) of this section" there shall be inserted the words "and (except in so far as they relate to inducing or assisting the commission of any act) paragraphs (ɗ) and (e) of that subsection" and for the words

those para- graphs". in the second place where they occur, there shall be substituted the words " paragraphs (b) and (c) of that sub- section ".

(2) Section 5 of the Hijacking Act 1971 (which restricts pro ceedings for offences under that Act) shall have effect with the insertion of the following subsections after subsection (1):—

“(1A) Nothing in subsection (1) of this section shall prevent the arrest, or the issue of a warrant for the arrest, of any person in respect of any offence under this Act, or the remanding in custody or on bail of any person charged with any such offence.

(IB) In relation to proceedings instituted in Northern Ireland, paragraphs (3)(b), (4) and (5) of Article 7 of the Prosecution of Offences (Northern Ireland) Order 1972 (which relate respectively to proof of consent, to describing the offence, or any property or place, to which, or a person to whom, a consent relates, and to amending a consent) shall apply as if subsection (1) of this section were a consent provision within the meaning of that Article",

and shall be deemed to have had effect with the insertion of the first of those subsections as from the passing of the said Act of 1971 and with the insertion of the second of them as from 30th March 1972.

Protection of Aircraft Act 1973

c. 47

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(3) In accordance with subsection (1) of this section, section 5(2) of the Hijacking Act 1971 is hereby repealed.

PART II

PROTECTION OF AIRCRAFT, AERODROMES AND AIR NAVIGATION INSTALLATIONS AGAINST Acts of VIOLENCE

PART I

1971 c. 70.

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

which Part Il applies.

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

aircraft:

(b) of aerodromes, and of such persons or property as (in the case of persons) are at any time present in any part of an aerodrome or (in the case of property) forms part of an aerodrome or is at any time (whether permanently or temporarily) in any part of an aerodrome'; and (c) of air navigation installations which do not form part

of an aerodrome.

..

(2) In this Part of this Act "act of violence

means any act (whether actual or potential, and whether done or to be done in the United Kingdom or elsewhere) which either-

(a) being an act done in Great Britain, constitutes, or (b) if done in Great Britain would constitute,

the offence of murder, attempted murder, manslaughter, culpable homicide or assault, or an offence under section 18, 20, 21, 22, 23, 24, 28 or 29 of the Offences against the Person Act 1861, 1861 c. 100. under section 2 of the Explosive Substances Act 1883 or under 1883 c. 3. section 1 of the Criminal Damage Act 1971 or, in Scotland, the 1971 c. 48. offence of malicious mischief.

8.-(1) The Secretary of State may, by notice in writing served Power for on any person who is-

Secretary of State (a) the operator of one or more aircraft registered or to require

operating in the United Kingdom, or

(b) the manager of an aerodrome in the United Kingdom, require that person to inform the Secretary of State of the measures, of a description specified in the notice, which are being taken in respect of aircraft registered or operating in the United Kingdom of which he is the operator or in respect of that aero- drome, as the case may be, for purposes to which this Part of this Act applies.

(2) A notice under subsection (1) of this section shall specify a date (not being earlier than four weeks from the date on which the notice is served) before which the information required by the notice in accordance with subsection (1) of this section is to be furnished to the Secretary of State.

information.