TNAG-2832-FCO40-4085-Aviation-security-in-Hong-Kong-1993 — Page 31

DF 4

App. III]

Protection of Aircraft

[1974 Ed

Penalties and proceedings.

Extradition.

Amendments and repeal.

Powers exercisable on suspicion of intended offence.

4. (1) Any person who commits an offence under this Part of this Act shall be liable, on conviction on indictment, to imprisonment for life.

(2) Proceedings for an offence under this Part of this Act shall not be instituted in the Territory except by, or with the consent of the Attorney General of the Territory, but the preceding provisions of this subsection shall not prevent the arrest, or the issue of a warrant for the arrest, of any person in respect of any offence, or the remanding in custody or on bail of any person charged with any offence.

(3) In this section the expression "Attorney-General" includes the Solicitor- General, and if neither of such offices exists, the expression means that officer whose functions include the general control of public prosecutions.

5. (1) There shall be deemed to be included among the descriptions of offences set out in Schedule I to the Fugitive Offenders Act 1967(a), as extended to the Territory, any offence under this Part of this Act and (so far as not so included by virtue of the foregoing) any attempt to commit such an offence.

6. (1) In section 3 of the Visiting Forces Act 1952(b) (restriction, as re- spects certain offences, of trial by United Kingdom courts of offenders connected with visiting force) as extended to the Territory, the following amendments shall be made in substitution for those made by section 5(2) in Schedule 1 of the Hijacking Act 1971 (Overseas Territories) Order 1971(c), that is to say, in subsection (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 consists of inducing or assisting, in relation to such an aircraft, the commission of any such act as is mentioned in section 1(4)(b) in Schedule 1 of the Hijacking Act 1971 (Overseas Territories) Order 1971; or

(e) the alleged offence is an offence under section 1 or section 2 in Schedule 1 of the Protection of Aircraft Act 1973 (Overseas Territories) Order 1973, or consists of inducing or assisting the commission of any such act as is mentioned in section 3(1) in Schedule 1 of that Order, 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 (d) and (e) of that subsection" and for the words "those paragraphs", in the second place where they occur, there shall be substituted the words "paragraphs (b) and (c) of that subsection”.

(2) Section 5 in Schedule 1 of the Hijacking Act 1971 (Overseas Territories) Order 1971 (which restricts proceedings for offences under that Order) shall have effect with the insertion of the following subsection after subsection (1):—

"(IA) 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.",

and shall be deemed to have had effect with the insertion of that subsection as from the coming into operation of that Order.

(3) In accordance with subsection (1) of this section, section 5(2) in Schedule 1 of the Hijacking Act 1971 (Overseas Territories) Order 1971 is hereby revoked.

19. (1) Where a constable has reasonable cause to suspect that a person about to embark on an aircraft in the Territory, or a person on board such an aircraft, intends to commit, in relation to the aircraft, an offence under Part I of this Act or under the Hijacking Act 1971 (Overseas Territories) Order 1971, the constable may prohibit him from travelling on board the aircraft; and for the purpose of enforcing that prohibition the constable-

(a) 1967 c. 68.

(b) 1952 c. 67.

(c) S.I. 1971/1739 (1971 III, p. 4737).

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