TNAG-2832-FCO40-4085-Aviation-security-in-Hong-Kong-1993 — Page 35

810

c. 36

Aviation Security Act 1982

Aviation Security Act 1982

c. 36

811

PART I subsection (1) above shall not apply unless—

Destroying,

damaging or endangering safety of aircraft.

(i) the person seizing or exercising control of the aircraft is a United Kingdom national ; or

or

(ii) his act is committed in the United Kingdom;

(iii) the aircraft is registered in the United King- dom or is used in the military or customs service of the United Kingdom or in the service of any police force in the United Kingdom.

(3) A person who commits the offence of hijacking shall be liable, on conviction on indictment, to imprisonment for life.

(4) If the Secretary of State by order made by statutory instru- ment declares-

(a) that any two or more States named in the order have established an organisation or agency which operates aircraft; and

(b) that one of those States has been designated as exercis. ing. for aircraft so operated, the powers of the State of registration,

the State declared under paragraph (b) of this subsection shall be deemed for the purposes of this section to be the State in which any aircraft so operated is registered; but in relation to such an aircraft subsection (2)(b) above shall have effect as if it referred to the territory of any one of the States named in the order.

(5) For the purposes of this section the territorial waters of any State shall be treated as part of its territory.

2.-(1) It shall, subject to subsection (4) below, be an offence for any person unlawfully and intentionally—

(a) to destroy an aircraft in service or so to damage such an aircraft as to render it incapable of flight or as to be likely to endanger its safety in flight ; or

(b) to commit on board an aircraft in flight any act of violence which is likely to endanger the safety of the aircraft.

(2) It shall also, subject to subsection (4) below, be an offence for any person unlawfully and intentionally to place, or cause to be placed, on an aircraft in service any device or substance which is likely to destroy the aircraft, or is likely so to damage it as to render it incapable of flight or as to be likely to endanger its safety in flight; but nothing in this subsection shall

be construed as limiting the circumstances in which the com- mission of any act--

(a) may constitute an offence under subsection (1) above,

or

(b) may constitute attempting or conspiring to commit, or aiding, abetting, counselling or procuring, or being art and part in, the commission of such an offence.

(3) Except as provided by subsection (4) below, subsections (1) and (2) above shall apply whether any such act as is therein mentioned is committed in the United Kingdom or elsewhere, whatever the nationality of the person committing the act and whatever the State in which the aircraft is registered.

(4) Subsections (1) and (2) above shall not apply to any act committed in relation to an aircraft used in military, customs or police service unless-

(a) the act is committed in the United Kingdom, or

(b) where the act is committed outside the United Kingdom,

the person committing it is a United Kingdom national.

(5) A person who commits an offence under this section shall be liable, on conviction on indictment, to imprisonment for life.

(6) In this section "unlawfully

"

(a) in relation to the commission of an act in the United Kingdom, means so as (apart from this Act) to consti- tute an offence under the law of the part of the United Kingdom in which the act is committed, and

(b) in relation to the commission of an act outside the United Kingdom, means so that the commission of the act would (apart from this Act) have been an offence under the law of England and Wales if it had been committed in England and Wales or of Scotland if it had been committed in Scotland.

(7) In this section “act of violence " means-

PARTI

(a) any act done in the United Kingdom which constitutes 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 or under section 2 of the Explo- 1861 c. 100, sive Substances Act 1883, and

(b) any act done outside the United Kingdom which, if done in the United Kingdom, would constitute such an offence as is mentioned in paragraph (a) above.

1881 c. 3.