Bermuda Consolidated Legislation

 

UNITED KINGDOM STATUTORY INSTRUMENT

SI 1973 No. 1756

THE EXTRADITION (PROTECTION OF AIRCRAFT)
ORDER 1973

[made by Her Majesty-in-Council under the Extradition Act 1870 and the Protection of Aircraft Act 1973 and brought into operation on 24 November 1973 and also published in Bermuda as
SR&O 9/1974].

1 This Order may be cited as the Extradition (Protection of Aircraft) Order 1973 and shall come into operation on 24th November 1973.

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, as amended or extended by any subsequent enactment.

(2) The Interpretation Act 1889 shall apply for the interpreta tion of this Order as it applies for the interpretation of an Act of Parlia ment.

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 or 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.

SCHEDULE 1

The Convention

CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST
THE SAFETY OF CIVIL AVIATION

The States Parties to this Convention

Considering that unlawful acts against the safety of civil aviation jeopardize the safety of persons and property, seriously affect the opera tion 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

1 Any person commits an offence if he unlawfully and intention ally:

(a) performs an act of violence against a person on board an aircraft in flight if that act is likely to endanger the safety of that aircraft; or

(b) destroys an aircraft in service or causes damage to such an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight; or

(c) places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which
is likely to destroy that aircraft, or to cause damage to it which renders it incapable of flight, or to cause damage to it which is likely to endanger its safety in flight; or

(d) destroys or damages air navigation facilities or interferes with their operation, if any such act is likely to endanger the safety of aircraft in flight; or

(e) communicates information which he knows to be false, thereby endangering the safety of an aircraft in flight.

2 Any person also commits an offence if he:

(a) attempts to commit any of the offences mentioned in paragraph 1 of this Article; or

(b) is an accomplice of a person who commits or attempts to commit any such offence.

Article 2

For the purposes of this Convention:

(a) an aircraft is considered to be in flight at any time from the moment when all its external doors are closed fol lowing 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 responsi bility for the aircraft and for persons and property on board;

(b) an aircraft is considered to be in service from the begin ning of the preflight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing; the period of service shall, in any event, extend for the entire period during which the aircraft is in flight as defined in paragraph (a) of this Article.

Article 3

Each Contracting State undertakes to make the offences men tioned in Article 1 punishable by severe penalties.

Article 4

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

2 In the cases contemplated in sub-paragraphs (a), (b), (e) and (e) of paragraph 1 of Article 1, this Convention shall apply, irrespective of whether the aircraft is engaged in an international or domestic flight, only if:

(a) the place of take-off or landing, actual or intended, of the aircraft is situated outside the territory of the State of registration of that aircraft; or

(b) the offence is committed in the territory of a State other than the State of registration of the aircraft.

3 Notwithstanding paragraph 2 of this Article, in the cases contemplated in sub-paragraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall also apply if the offender or the alleged offender is found in the ter ritory of a State other than the State of registration of the aircraft.

4 With respect to the States mentioned in Article 9 and in the cases mentioned in sub-paragraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall not apply if the places referred to in sub-paragraph (a) of paragraph 2 of this Article are situated within the terri tory of the same State where that State is one of those referred to in Article 9, unless the offence is committed or the offender or alleged offender is found in the terri tory of a State other than that State.

5 In the cases contemplated in sub-paragraph (d) of para graph 1 of Article 1, this Convention shall apply only if the air navigation facilities are used in international air navigation.

6 The provisions of paragraphs 2, 3, 4 and 5 of this Article shall also apply in the cases contemplated in paragraph 2 of Article 1.

Article 5

1 Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over the offences in the following cases:

(a) when the offence is committed in the territory of that State;

(b) when the offence is committed against or on board an aircraft registered in that State;

(c) When the aircraft on board which the offence is com mitted lands in its territory with the alleged offender still on board;

(d) when the offence is committed against or 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 offences men tioned in Article 1, paragraph 1 (a), (b) and (c), and in Article 1, para graph 2, in so far as that paragraph relates to those offences, in the case where the alleged offender is present in its territory and it does not ex tradite him pursuant to Article 8 to any of the States mentioned in para graph 1 of this Article.

3 This Convention does not exclude any criminal jurisdiction exer cised in accordance with national law.

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 law of that State but may only be continued for such time as is necessary to enable any criminal or extradition proceedings to be in stituted.

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

3 Any person in custody pursuant to paragraph 1 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 States mentioned in Article 5, paragraph 1, of the State of nationality 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 deten tion. 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 offences shall be deemed to be included as extraditable of fences in any extradition treaty existing between Contracting States. Contracting States undertake to include the offences as extraditable of fences 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 offences. 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 offences as extraditable of fences between themselves subject to the conditions provided by the law of the requested State.

4 Each of the offences shall be treated, for the purpose of extradi tion between 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 5, para graph 1 (b), (c) and (d).

Article 9

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 10

1 Contracting States shall, in accordance with international and national law, endeavour to take all practicable measures for the purpose of preventing the offences mentioned in Article 1.

2 When, due to the commission of one of the offences mentioned in Article 1, a flight has been delayed or interrupted, any Contracting State in whose territory the aircraft or passengers or crew are present shall fa cilitate the continuation of the journey of the passengers and crew as soon as practicable, and shall without delay return the aircraft and its cargo to the persons lawfully entitled to possession.

Article 11

1 Contracting States shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offences. 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 12

Any Contracting State having reason to believe that one of the offences mentioned in Article 1 will be committed shall, in accordance with its national law, furnish any relevant information in its possession to those States which it believes would be the States mentioned in Article 5, paragraph 1.

Article 13

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 10, paragraph 2;

(c) the measures taken in relation to the offender or the al leged offender and, in particular, the resists of any ex tradition proceedings or other legal proceedings.

Article 14

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 organization of the ar bitration, any one of those Parties may refer the dispute to the Interna tional 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 States 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 Depositary Governments.

Article 15

1 This Convention shall be open for signature at Montreal on 23 September 1971, by States participating in the International Conference on Air Law held at Montreal from 8 to 23 September 1971 (hereinafter referred to as the Montreal Conference). After 10 October 1971, the Con vention 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 ac cede 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 tary 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 Montreal 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 acceding 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 this 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, 1944).

Article 16

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 Conven tion.

Done at Montreal, this twenty-third day of September, one thou sand nine hundred and seventy-one, in three originals, each being drawn up in four authentic texts in the English, French, Russian and Spanish languages.

SCHEDULE 2

FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND WITH WHICH EXTRADITION TREATIES ARE IN FORCE

State

Date of Extradition Treaty

Date of Entry into Force of Convention

Argentina 22nd May 1889 26th December 1973

Austria 9th January 1963 11th March 1974

Belgium 29th October 1901 12th September 1976

Bolivia 22nd February 1892 17th August 1979

Chile 26th January 1897 30th March 1974

Colombia 27th October 1888 3rd January 1975

Czechoslovakia 11th November 1924 9th August 1973

Denmark 31st March 1873 16th February 1973

Ecuador 20th September 1880 11th February 1977

El Salvador 23rd June 1881 25th October 1979

Finland 29th October 1975 12th August 1973

France 14th August 1876 30th July 1976

Germany, Federal 14th May 1872 5th March 1978

  Republic of (reapplied and amended
by the Agreement of
23rd February 1960)

Greece 24th September 1910 14th February 1974

Guatemala 4th July 1885 18th November 1978

Hungary 3rd December 1873 26th January 1973

Iceland 31st March 1873 29th July 1973

Iraq 2nd May 1932 10th October 1974

Israel 4th April 1960 26th January 1973

Italy 5th February 1873 21st March 1974

Mexico 7th September 1886 12th October 1974

Netherlands 26th September 1898 26th September 1973

Nicaragua 19th April 1905 6th December 1973

Norway 26th June 1873 31st August 1973

Panama 25th August 1906 26th January 1973

Paraguay 12th September 1908 4th April 1974

Peru 26th January 1904 28th May 1978

Poland 11th January 1932 27th February 1975

Portugal 17th October 1892 14th February 1973

Romania 21st March 1893 14th September 1975

Spain 22nd July 1985 30th December 1969

Sweden 26th April 1963 9th August 1973

Switzerland 26th November 1880 16th February 1978

Thailand 4th March 1911 15th June 1978

United States of 8th June 1972 26th January 1973

  America

Uruguay 26th March 1884 11th February 1977

Yugoslavia 6th December 1900 26th January 1973

 

        SCHEDULE 3 Article 4

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

Brazil 26th January 1973

Bulgaria 24th March 1973

Byelorussia 2nd March 1973

Cameroon 10th August 1973

Cape Verde 19th November 1977

Chad 26th January 1973

China 10th October 1980

Costa Rica 21st October 1973

Dominican Republic 28th December 1973

Egypt 19th June 1975

Ethiopia 25th April 1979

Gabon 29th July 1976

German Democratic Republic 26th January 1973

Guinea-Bissau 19th September 1976

Honduras 13th May 1987

Indonesia 26th September 1976

Iran 9th August 1973

Ivory Coast 8th February 1973

Japan 12th July 1974

Jordan 15th March 1973

Korea, Republic of 31st August 1973

Kuwait 23rd December 1979

Lebanon 22nd January 1978

Libya 21st March 1974

Madagascar 18th December 1986

Mali 26th January 1973

Mauritania 1st December 1978

Mongolia 26th January 1973

Morocco 23rd November 1975

Nepal 9th February 1979

Niger 26th January 1973

Oman 4th March 1977

Pakistan 23rd February 1974

Philippines 25th April 1973

Qatar 25th September 1981

Saudi Arabia 14th July 1974

Senegal 5th March 1978

South Africa 26th January 1973

Spain 26th January 1973

Sudan 17th February 1979

Surinam 27th October 1978

Syria 9th August 1980

Togo 11th March 1979

Tunisia 16th December 1981

Turkey 22nd January 1976

Ukraine 26th March 1973

Union of Soviet
  Socialist Republics 21st March 1973
United Arab Emirates 14th May 1981

Vietnam 17th October 1979

Yemen Arab Republic 29th October 1986

Zaire 5th August 1977

PART II

Application of the Extradition Acts in the Case of
the States Mentioned in Part 1.

1 The Extradition Acts shall hereby have effect as if the only extra dition crimes within the meaning of the Act of 1870 were offences under Part I of the Protection of Aircraft Act 1973 and attempts to commit such offences.

2 The Extradition Acts shall hereby 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 opinions, 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 un just 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

(c) under section 11 of the Act of 1870 ordering the fugitive criminal to be surrendered.

(2) The circumstances referred to in the preceding subpara 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

(c) that the fugitive criminal is a citizen of the United King dom and Colonies.

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 offence under Part I of the Protection of Aircraft Act 1973.

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]

SCHEDULE 4

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 extraditable the offences against the safety of aircraft created by Part I of the Protection of Aircraft Act 1973 and at tempts to commit such offences, in the case of States party to the Con vention for the Suppression of Unlawful Acts against the Safety of Civil Aviation signed at Montreal on 23rd September 1971.