Extradition (Hijacking) Order 1971

UNITED KINGDOM STATUTORY INSTRUMENT

SI 1971 No. 2102

THE EXTRADITION (HIJACKING) ORDER 1971.

[made by Her Majesty in Council under the Extradition Act 1870 and the Hijacking Act 1971, brought into operation on 21 January 1972 and pub lished in Bermuda as SR&O 10/1972]

1 This Order may be cited as the Extradition (Hijacking) Order 1971 and shall come into operation on 21st January 1972.

2 (1) In this Order any references to the Extradition Acts and to the Act of 1870 are, respectively, references to the Extradition Acts 1870 to 1935 and to the Extradition Act 1870 [1870 c. 52] as amended or ex tended by any subsequent enactment.

(2) The Interpretation Act 1889 [1889 c. 63] shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

3 The Extradition Acts shall apply in the case of a State mentioned in Schedule 2 to this Order under and in accordance with the extradition treaties described in the second column of that Schedule as supple mented by paragraphs 1 and 4 of Article 8 of the Convention (set out in Schedule 1 to this Order), which entered into force for those States on the dates specified in the third column of the said Schedule 2.

4 The Extradition Acts shall apply in the case of the States men tioned in Part I of Schedule 3 to this Order (being States in respect of which the Convention entered into force on the dates specified in the second column of that Schedule) subject to the conditions contained in, and in accordance with, Part II of that Schedule.

5 The operation of this Order is limited to the United Kingdom, the Channel Islands, the Isle of Man and the territories specified in Schedule 4 to this Order, being territories to which the application of the Conven tion is extended.

ARTICLE 3
SCHEDULE 1
The Convention

CONVENTION FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT

Preamble
The States Parties to the Convention

Considering that unlawful acts of seizure or exercise of control of aircraft in flight jeopardize the safety of persons and property, seriously affect the operation of air services, and undermine the confidence of the peoples of the world in the safety of civil aviation;

Considering that the occurrence of such acts is a matter of grave concern;

Considering that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measures for punishment of of fenders;

Have agreed as follows:

ARTICLE 1

Any person who on board an aircraft in flight:

(a) unlawfully, by force or threat thereof, or by any other form of intimidation, seizes, or exercises control of, that aircraft, or attempts to perform any such act, or

(b) is an accomplice of a person who performs or attempts to perform any such act, or

commits an offence (hereinafter referred "the offence").

ARTICLE 2

Each Contracting State undertakes to make the offence punish able by severe penalties.

ARTICLE 3

1 For the purposes of this Convention, an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation. In the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board.

2 This Convention shall not apply to aircraft used in military, customs or police services.

3 This Convention shall apply only if the place of take-off or the place of actual landing of the aircraft on board which the offence is committed is situated outside the territory of the State of registration of that aircraft; it shall be immaterial whether the aircraft is engaged in an international or domestic flight.

4 In the cases mentioned in Article 5, this Convention shall not apply if the place of take-off and the place of actual landing of the air craft on board which the offence is committed are situated within the ter ritory of the same State where the State is one of those referred to in that Article.

5 Notwithstanding paragraphs 3 and 4 of this Article, Articles 6, 7, 8 and 10 shall apply whatever the place of take-off or the place of actual landing of the aircraft, if the offender or the alleged offender is found in the territory of a State other than the State of registration of that aircraft.

ARTICLE 4

1 Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over the offence and any other act of violence against passengers or crew committed by the alleged offender in connection with the offence, in the following cases:

(a) when the offence is committed on board an aircraft reg istered in that State;

(b) when the aircraft on board which the offence is commit ted lands in its territory with the alleged offender still on board:

(c) when the offence is committed on board an aircraft leased without crew to a lessee who has his principal place of business or, if the lessee has no such place of business, his permanent residence, in that State.

2 Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offence in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article.

3 This Convention does not exclude any criminal jurisdiction ex ercised in accordance with national law.

ARTICLE 5

The Contracting States which establish joint air transport oper ating organizations or international operating agencies, which operate aircraft which are subject to joint or international registration shall, by appropriate means, designate for each aircraft the State among them which shall exercise the jurisdiction and have the attributes of the State of registration for the purpose of this Convention and shall give notice thereof to the International Civil Aviation Organization which shall com municate the notice to all States Parties to this Convention.

ARTICLE 6

1 Upon being satisfied that the circumstances so warrant, any Contracting State in the territory of which the offender or the alleged of fender is present, shall take him into custody or take other measures to ensure his presence. The custody and other measures shall be as pro vided in the laws of that State but may only be continued for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

2 Such State shall immediately make a preliminary enquiry into the facts.

3 Any person in custody pursuant to paragraph l of this Article shall be assisted in communicating immediately with the nearest appro priate representative of the State of which he is a national.

4 When a State, pursuant to this Article, has taken a person into custody, it shall immediately notify the State of registration of the air craft, the State mentioned in Article 4, paragraph l (c) , the State of na tionality of the detained person and, if it considers it advisable, any
other interested States of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary enquiry contemplated in paragraph 2 of this Article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.

ARTICLE 7

The Contracting State in the territory of which the alleged of fender is found shall, if it does not extradite him, be obliged without ex ception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State.

ARTICLE 8

1 The offence shall be deemed to be included as an extraditable offence in any extradition treaty existing between Contracting States. Contracting States undertake to include the offence as an extraditable offence in every extradition treaty to be concluded between them.

2 If a Contracting State which makes extradition conditional on the existence of a treaty receives a request for extradition from another Contracting State with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in re spect of the offence. Extradition shall be subject to the other conditions provided by the law of the requested State.

3 Contracting States which do not make extradition conditional on the existence of a treaty shall recognize the offence as an extraditable of fence between themselves subject to the conditions provided by the law of the requested State.

4 The offence shall be treated, for the purpose of extradition be tween Contracting States, as if it had been committed not only in the place in which it occurred but also in the territories of the States re quired to establish their jurisdiction in accordance with Article 4, para graph 1.

ARTICLE 9

1 When any of the acts mentioned in Article 1(a) has occurred or is about to occur, Contracting States shall take all appropriate measures to restore control of the aircraft to its lawful commander or to preserve his control of the aircraft.

2 In the cases contemplated by the preceding paragraph, any Contracting State in which the aircraft or its passengers or crew are pre sent shall facilitate the continuation of the journey of the passengers and crew as soon as practicable, and shall without delay return the air craft and its cargo to the persons lawfully entitled to possession.

ARTICLE 10

1 Contracting States shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offence and other acts mentioned in Article 4. The law of the State requested shall apply in all cases.

2 The provisions of paragraph 1 of this Article shall not affect obli gations under any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mutual assistance in criminal matters.

ARTICLE 11

Each Contracting State shall in accordance with its national law report to the Council of the International Civil Aviation Organization as promptly as possible any relevant information in its possession con cerning:

(a) the circumstances of the offence;

(b) the action taken pursuant to Article 9;

(c) the measures taken in relation to the offender or the alleged offender, and, in particular, the results of any extradition proceedings or other legal proceedings.

ARTICLE 12

1 Any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be set tled through negotiation, shall, at the request of one of them, be sub mitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organisation of the arbitration, any one of those Parties may refer the dispute to the Inter national Court of Justice by request in conformity with the Statute of
the Court.

2 Each State may at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by the preceding paragraph. The other Contracting State shall not be bound by the preceding paragraph with respect to any Contract ing State having made such a reservation.

3 Any Contracting State having made a reservation in accordance with the preceding paragraph may at any time withdraw this reservation by notification to the Depository Governments.

Article 13

1 This Convention shall be open for signature at The Hague on 16 December 1970, by States participating in the International Conference on Air Law held at The Hague from 1 to 16 December 1970 (hereinafter referred to as The Hague Conference). After 31 December 1970, the Convention shall be open to all States for signature in Moscow, London and Washington. Any State which does not sign this Convention before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time.

2 This Convention shall be subject to ratification by the signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the Union of Soviet Socialist Re publics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, which are hereby designated the Deposi tory Governments.

3 This Convention shall enter into force thirty days following the date of the deposit of instruments of ratification by ten States signatory to this Convention which participated in The Hague Conference.

4 For other States, this Convention shall enter into force on the date of entry into force of this Convention in accordance with paragraph 3 of this Article, or thirty days following the date of deposit of their in struments of ratification or accession, whichever is later.

5 The Depositary Governments shall promptly inform all signatory and preceding States of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of entry into force of the Convention, and other notices.

6 As soon as this Convention comes into force, it shall be regis tered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations and pursuant to Article 83 of the Conven tion on International Civil Aviation (Chicago, 1914).

ARTICLE 14

1 Any Contracting State may denounce this Convention by written notification to the Depositary Governments.

2 Denunciation shall take effect six months following the date on which notification is received by the Depositary Governments.

In witness whereof the undersigned Plenipotentiaries, being duly authorized thereto by their Governments, have signed this Convention.

Done at The Hague, this sixteenth day of December, one thou sand nine hundred and seventy, in three originals, each being drawn up in four authentic texts in the English, French, Russian and Spanish lan guages.

ARTICLE 3
SCHEDULE 2

State

Date of Extradition Treaty

Date of Entry into Force of Convention

Argentina 22nd May 1889 11th October 1972

Austria 9th January 1963 11th March 1974

Belgium 29th October 1901 23rd September 1973

Bolivia 22nd February 1892 17th August 1979

Chile 26th January 1897 3rd March 1972

Colombia 27th October 1888 2nd August 1973

Czechoslovakia 11th November 1924 6th May 1972

Denmark 31st March 1873 16th November 1972

Ecuador 20th September 1880 14th October 1971

El Salvador 23rd June 1881 16th February 1973

Finland 29th October 1975 14th January 1972

France 14th August 1876 18th October 1972

Germany, Federal

Republic of 14th May 1872 10th November 1974

(reapplied and

amended by the

Agreement of 23rd

February 1960)

Greece 24th September 1910 20th October 1973

Guatemala 4th July 1885 15th June 1979

Hungary 3rd December 1873 14th October 1971

Iceland 31st March 1873 29th July 1973

Iraq 2nd May 1932 29th January 1972

Israel 4th April 1960 14th October 1971

Italy 5th February 1873 21st March 1974

Luxembourg 24th November 1880 22nd December 1978

Mexico 7th September 1886 18th August 1972

Netherlands 26th September 1898 26th September 1973

Nicaragua 19th April 1905 6th December 1973

Norway 26th June 1873 14th October 1971

Panama 25th August 1906 9th April 1972

Paraguay 12th September 1908 5th march 1972

Peru 26th January 1904 28th May 1978

Poland 11th January 1932 20th April 1972

Portugal 17th October 1892 27th December 1972

Romania 21st March 1893 9th August 1972

Spain 22 July 1985 29th November 1972

Sweden 26th April 1963 14th October 1971

Switzerland 26th November 1880 14th October 1971

Thailand 4th March 1911 15th June 1978

United States

of America 8th June 1972 14th October 1971

Uruguay 26th March 1884 11th February 1977

Yugoslavia 6th December 1900 1st November 1972

ARTICLE 4
SCHEDULE 3
PART 1

Foreign States which are Parties to the Convention and with which no Extradition Treaties are in Force

State

Date of Entry into force of Convention for the State concerned

Afghanistan 28th September 1979

Benin (formerly Dahomey) 12th April 1972

Brazil 13th February 1972

Bulgaria 14th October 1971

Byelorussia 29th January 1972

Cape Verde 19th November 1977

Chad 11th August 1972

China 10th October 1980

Costa Rica 14th October 1971

Dominican Republic 22nd July 1978

Egypt 30th March 1975

Ethiopia 25th April 1979

Gabon 14th October 1971

German Democratic Republic 14th October 1971

Guinea-Bissau 19th September 1976

Indonesia 26th September 1976

Iran 24th February 1972

Ivory Coast 8th February 1973

Japan 14th October 1971

Jordan 16th December 1971

Korea, Republic of 17th February 1973

Kuwait 24th June 1979

Lebanon 9th September 1973

Libya 3rd November 1978

Mali 14th October 1971

Mauritania 1st December 1978

Mongolia 7th November 1971

Morocco 23rd November 1975

Nepal 9th February 1979

Niger 14th November 1971

Oman 4th March 1977

Pakistan 29th December 1973

Philippines 25th April 1973

Qatar 25th September 1981

Saudi Arabia 14th July 1974

Senegal 5th March 1978

South Africa 29th June 1972

Spain 29th November 1972

Sudan 17th February 1979

Suriname 27th October 1978

Syria 9th August 1980

Togo 11th March 1979

Tunisia 16th December 1981

Turkey 17th May 1973

Ukraine 20th March 1972

Union of Soviet Socialist
Republics 24th October 1971

United Arab Emirates 14th May 1981

Vietnam 17th October 1979

Zaire 5th August 1977

Part II
Application of the Extradition Acts in the case of
the States mentioned in Part I

1 The Extradition Acts shall have effect as if the only extradition crimes within the meaning of the Act of 1870 were offences under the Hijacking Act 1971 and attempts to commit such offences.

2 The Extradition Acts shall only apply where the case is such that paragraphs 2 and 4 of Article 8 of the Convention apply.

3 No proceedings shall be taken on an application by information or complaint, for a provisional warrant of arrest (that is to say, a warrant issued under section 8 of the Act of 1870 otherwise than in pursuance of sub-paragraph 1 of the first paragraph thereof), and no such warrant shall be issued, unless the application is made with the consent of the Secretary of State signified by an order in the form set out in Part III of this Schedule or in a form to the like effect; but, subject as aforesaid, the signification of consent shall not affect the provisions of the said section 8.

4 Without prejudice to sections 3, 9 and 11 of the Act of 1870, the fugitive criminal shall not be surrendered if�

(a) it appears to the Secretary of State, to the magistrate hearing the case in pursuance of section 9 of that Act or to the High Court on an application for a writ of habeas corpus�

(i) that the request for his surrender (though pur porting to be made on account of such an of fence as is mentioned in paragraph 1 above) is in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions, or

(ii) that he might, if surrendered, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, reli gion, nationality or political opinion, or

(iii) that if charged in England or Wales with the of fence of which he is accused he would be enti tled to be discharged under any rule of law re lating to previous acquittal or conviction; or

(b) it appears to the Secretary of State or to the High Court on an application for a writ of habeas corpus that�

(i) by reason of the passage of time since the fugi tive criminal is alleged to have committed the offence of which he is accused or to have be come unlawfully at large, or

(ii) because the accusation against him is not made in good faith in the interests of justice,

it would, having regard to all the circumstances, be unjust or oppressive to surrender him.

5 (1) Without prejudice to his so deciding on other grounds, the Secretary of State may, in the circumstances mentioned in the following sub-paragraph, decide not to make an order or issue a warrant�

(a) for the purposes of paragraph 3 above signifying his consent to an application for a provisional warrant of ar rest, or

(b) under section 7 of the Act of 1870 requiring the issue of a warrant of arrest, or

(2) The circumstances referred to in the preceding sub-para graph are�

(a) that the Secretary of State is not satisfied that provision is made by the law of the State requesting surrender un der which a person accused or convicted in the United Kingdom of the like offence as that with which the fugi tive criminal is accused or convicted might be surren dered to the United Kingdom if found in that State, or

(b) that under the law of the State requesting surrender the fugitive criminal is liable to the death penalty for the of fence of which he is accused, or

PART III
Form of Consent of Secretary of State to application
for a Provisional Warrant of Arrest

Whereas AB, a person recognised by the Secretary of State as a diplomatic representative of [blank] has requested consent to application being made for the issue of a provisional warrant for the arrest of CD, late of [blank] who is (accused)(convicted) of the commission of an of fence, or attempt to commit an offence, within the jurisdiction of the said State, being an offence which, if committed in England, would be an of fence under the Hijacking Act 1971:

Now I hereby, by this my Order under my hand and seal, signify to you my consent to the said application being made.

Given under the hand and seal of the undersigned, one of Her Majesty's Principal Secretaries of State this [blank] day of [blank] 19 [blank].

ARTICLE 5
SCHEDULE 4
Territories to which the Application of the convention is Extended

Bermuda

British Antarctic Territory

British Indian Ocean Territory

British Virgin Islands

Cayman Islands

Falkland Islands and Dependencies

Gibraltar

Hong Kong

Montserrat

Pitcairn, Henderson, Ducie and Oeno Islands

St. Helena and Dependencies

Sovereign Base Areas of Akrotiri and Dhekelia

Turks and Caicos Islands

EXPLANATORY NOTE
(This Note is not part of the Order)

This Order applies the Extradition Acts 1870 to 1935, as amended, so as to make the offence of hijacking extraditable in the case of States party to the Convention for the Suppression of Unlawful Seizure of Aircraft signed at The Hague on 16th December 1970.

[Amended by

Bermuda Consolidated Legislation

Extradition (Hijacking) Order 1971