TNAG-2832-FCO40-4085-Aviation-security-in-Hong-Kong-1993 — Page 30

1974 Ed.]

Protection of Aircraft

[App. III

DF 3

(b) any act done outside the Territory wh. ch, if done in the Territory, would constitute such an offence as is mentioned in the preceding paragraph.

(8) For the purposes only of this section the said sections of the Offences against the Person Act 1861 and of the Explosive 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.

2. (1) It shall, subject to subsections (4) and (5) of this section, be an offence for any person unlawfully and intentionally to destroy or damage any property to which this subsection applies, or to interfere with the operation of any such property, where the destruction, damage or interference is likely 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 communicate any information which is false, misleading or deceptive in a materiai 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 sub- section (3) of this section to prove-

(a) that he believed, and had reasonable grounds for believing, 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 Territory, or, where it is committed outside the Territory-

(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 Territory or chartered by demise to a lessee whose principal place of business, or (if he has no place of business) whose permanent residence, is in the Territory, or (c) the act is committed on board a civil aircraft which is so registered or

so chartered, or

(d) the act is committed on board a civil aircraft which lands in the Territory

with the person who committed the act still on board.

(6) Subsection (1) of this section also does not apply to any act committed outside the Territory and so committed in relation to property which is situated outside the Territory and is not used for the provision of air navigation facilities in connection with international air navigation, unless the person committing the act is a person to whom section 1(5) of this Act applies.

(7) In this section "civil aircraft" means any aircraft other than an aircraft used in military, customs or police service.

3.

(1) It shall be an offence for any person in the Territory to induce or assist the commission outside the Territory of any act which-

(a) would, but for subsection (4) of section 1 of this Act, be an offence

under that section, or

(b) would, but for subsection (5) or subsection (6) of section 2 of this Act,

be an offence under that section.

(2) The preceding subsection shall have effect without prejudice to the operation, in relation to any offence under section 1 or section 2 of this Act of any enactment or rule of law relating to accessories or abettors.

Other acts endangering or

likely to endanger safety of aircraft.

Inducing or assisting com- mission of acts excepted from ss. 1 and 2.

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