TNAG-2832-FCO40-4085-Aviation-security-in-Hong-Kong-1993 — Page 21

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

1350

c. 47

PART II

Inspection of aircraft and

aerodromes.

Protection of Aircraft Act 1973

whether it is capable of producing a practical effect by explosion or not, or any article marked or labelled so as to indicate that it is or contains an explosive; and (c) any article (not falling within either of the preceding paragraphs) made or adapted for use for causing injury to or incapacitating a person or for destroying or damaging property, or intended by the person having it with him for such use, whether by him or by any other person.

(3) For the purposes of this section a person who is for the time being in an aircraft, or in part of an aerodrome, shall be treated as having with him in the aircraft, or in that part of the aerodrome, as the case may be, an article to which this section applies if-

(a) where he is in an aircraft, the article, or an article in which it is contained, is in the aircraft and has been caused (whether by him or by any other person) to be brought there as being, or as forming part of, his baggage on a flight in the aircraft or has been caused by him to be brought there as being, or as forming part of, any other property to be carried on such a flight, or (b) where he is in part of an aerodrome (otherwise than in an aircraft), the article, or an article in which it is contained, is in that or any other part of the aerodrome and has been caused (whether by him or by any other person) to be brought into the aerodrome as being, or as forming part of, his baggage on a flight from that aerodrome or has been caused by him to be brought there as being, or as forming part of, any other property to be carried on such a flight on which he is also to be carried,

notwithstanding that the circumstances may be such that (apart from this subsection) he would not be regarded as having the article with him in the aircraft or in a part of the aerodrome, as the case may be.

(4) Nothing in subsection (3) of this section shall be construed as limiting the circumstances in which a person would, apart from that subsection, be regarded as having an article with him as mentioned in subsection (1) of this section.

17.—(1) For the purpose of enabling the Secretary of State to determine whether to give a direction to any person under any of the preceding provisions of this Part of this Act, or of ascertaining whether any such direction is being or has been complied with, any person authorised in writing by the Secretary of State (in this section referred to as an “authorised person")

Protection of Aircraft Act 1973

c. 47

shall have power, on production (if required) of his credentials, to inspect-

(a) any aircraft registered or operating in the United Kingdom, at a time when it is in the United Kingdom,

or

(b) any part of any aerodrome in the United Kingdom. (2) An authorised person inspecting an aircraft or any part of an aerodrome under subsection (1) of this section shall have power-

(a) to subject any property found by him in the aircraft (but not the aircraft itself or any apparatus or equipment installed in it) or, as the case may be, to subject that part of the aerodrome or any property found by hint there, to such tests, or

(b) to require the operator of the aircraft, or the manager of the aerodrome, to furnish to him such information,

as the authorised person may consider necessary for the purpose for which the inspection is carried out.

(3) Subject to the next following subsection, an authorised person, for the purpose of exercising any power conferred on him by the preceding provisions of this section in relation to an aircraft or in relation to an aerodrome, shall have power-

(a) for the purpose of inspecting an aircraft, to enter it and

to take all such steps as are necessary to detain it, or (b) for the purpose of inspecting any part of an aerodrome, to enter any building or works in the aerodrome or enter upon any land in the aerodrome.

(4) The powers conferred by subsection (3) of this section shall not include power for an authorised person to use force for the purpose of entering any aircraft, building or works or entering upon any land.

PART II

18.-(1) Sections 8, 10, 11, 12, 13 and 17 of this Act shall Application of have effect in relation to air navigation installations in the United provisions of Kingdom in accordance with the following provisions of this Part II to air

section.

(2) In relation to any such air navigation installation which does not form part of an aerodrome, those sections shall have effect as if in them any reference to an aerodrome were a reference to such an air navigation installation and any reference to the manager of an aerodrome were a reference' to the authority responsible for such an air navigation installation.

(3) Where an air navigation installation forms part of an aerodrome in the United Kingdom, those sections shall have

navigation installations.

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