TNAG-2832-FCO40-4085-Aviation-security-in-Hong-Kong-1993 — Page 32

1974 Ed.]

Protection of Aircraft

[App. III

DF 5

(a) may prevent him from embarking on the aircraft or, as the case may be,

may remove him from the aircraft, and

(b) may arrest him without warrant and detain him for so long as may be

necessary for that purpose.

26. (1) In this Act, except in so far as the context otherwise requires, the following expressions have the meanings hereby assigned to them, that is to say-- "article" includes any substance, whether in solid or liquid form or in the form

of a gas or vapour;

"constable" includes any member of the police force of the Territory and any

other person having the powers and privileges of a constable;

"military service" includes naval and air force service.

(3) For the purposes of this Act-

(a) the period during which an aircraft is in flight shall be deemed to include any period from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation, and, in the case of a forced landing, any period until the competent authorities take over responsibility for the aircraft and for persons and property on board; and

(b) an aircraft shall be taken to be in service during the whole of the period which begins with the pre-flight preparation of the aircraft for a flight and ends twenty-four hours after the aircraft lands having completed that flight, and also at any time (not falling within that period) while, in accordance with the preceding paragraph, the aircraft is in flight.

(7) Subject to section 33 of the Interpretation Act 1889 (which relates to offences under two or more laws), sections 1 to 3 of this Act shall not be construed

as-

(a) conferring a right of action in any civil proceedings in respect of any

contravention of this Act, or

(b) derogating from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Act.

(8) Except in so far as the context otherwise requires, any reference in this Act to an enactment or instrument shall be construed as a reference to that enactment or instrument as replaced, amended or extended by or under any other enactment or instrument, including this Act.

SCHEDULE 2

Article 3

Belize.

Bermuda.

British Antarctic Territory.

British Indian Ocean Territory.

British Solomon Islands Protectorate,

British Virgin Islands.

Cayman Islands.

Falkland Islands (Colony and Dependencies).

Gibraltar.

Gilbert and Ellice Islands Colony.

Hong Kong.

Montserrat.

Pitcairn, Henderson, Ducie and Oeno Islands.

St. Helena (Colony and Dependencies).

Seychelles.

Sovereign Base Areas of Akrotiri and Dhekelia. Turks and Caicos Islands.