Bermuda Consolidated Legislation

 

UNITED KINGDOM STATUTORY INSTRUMENT

SI 1971 No. 1739

THE HIJACKING ACT 1971 (OVERSEAS TERRITORIES) OR DERS 1971 AND 1973

[made by Her Majesty the Queen under Acts of the United Kingdom enti tled the Hijacking Act 1971 and the Fugitive Offenders Act 1967 as ex tended by the Foreign Jurisdiction Act 1890, and brought into operation on 1 November 1971 and published in Bermuda as SR&O 69/1971]

1 [omitted]

2 The Interpretation Act 1889 shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting, and in rela tion to, Acts of Parliament.

3 (1) Sections 1, 2, 3, 4 and 5 of the Hijacking Act 1971, modified and adapted as in Schedule 1 hereto, shall extend to the Territories specified in Schedule 2 hereto.

(2) For the purpose of construing the said Act as so extended as part of the law of any Territory to which it extends "the Territory" means that Territory, including its territorial waters, and "any Territory" means any of the Territories to which this Act extends, including its ter ritorial waters.

4 [omitted]

SCHEDULE 1
Article 3

Provisions of the Hijacking Act 1971 as Extended to the Territories spec ified in Schedule 2

1 (1) A person on board an aircraft in flight who unlawfully, by the use of force or by threats of any kind, seizes the aircraft or exercises control of it commits the offence of hijacking, whatever his nationality, whatever the State in which the aircraft is registered and whether the aircraft is in the Territory or elsewhere, but subject to subsection (2) of this section.

(2) If—

(a) the aircraft is used in military, customs or police service; or

(b) both the place of take-off and the place of landing are in the territory of the State in which the aircraft is regis tered;

subsection (1) of this section shall not apply, unless—

(i) the person seizing or exercising control of the aircraft is such a person as is mentioned in sub section (3) of this section; or

(ii) his act is committed in the Territory; or

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

(3) The persons referred to in subsection (2)(i) of this section are the following, namely—

(a) a citizen of the United Kingdom and Colonies;

(b) a British subject by virtue of section 2 of the British Na tionality Act 1948;

(c) a British subject without citizenship by virtue of section 13 or section 16 of that Act;

(d) a British subject without citizenship by virtue of the British Nationality Act 1965; and

(e) a British protected person within the meaning of the British Nationality Act 1948.

(4) A person who—

(a) commits the offence of hijacking; or

(b) in the Territory induces or assists the commission else where of an act which would be the offence of hijacking but for subsection (2) of this section;

shall be liable on conviction to imprisonment for life.

(5) For the purposes of this section the period during which an aircraft is in flight shall be deemed to include any period from the mo ment 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.

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

(7) In this section "military service" includes naval and airforce service.

2 (1) Without prejudice to section 1 of the Tokyo Convention Act 1967 (which makes similar provision for offences on board British-con trolled aircraft) as extended to the Territory, where a person (of whatever nationality) does on board any aircraft (wherever registered) and while outside the Territory, any act which, if done in the Territory would con stitute the offence of murder, attempted murder, manslaughter, culpable homicide or assault or an offence under section 18, 20, 21, 22, 23, 28 or 29 of the Offences Against the Person Act 1861 or section 2 of the Explo sives Substances Act 1883 his act shall constitute that offence if it is done in connection with the offence of hijacking committed or attempted by him on board that aircraft.

(2) For the purposes only of this section the said sections of the Offences Against the Person Act 1861, and of the Explosives Substances Act 1883, if not already in force in the Territory, shall be deemed to be in force in the Territory as they are in force in England.

3 There shall be deemed to be included among the descriptions of offences set out in Schedule 1 to the Fugitive Offenders Act 1967, as ex tended to the Territory any offence under this Act and any attempt to commit such an offence.

4 If the Secretary of State by order made by statutory instrument 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 exer cising, for aircraft so operated, the powers of the State of registration,

the State declared to have been designated as aforesaid shall be deemed for the purposes of this Act to be the State in which any aircraft so oper ated is registered; but in relation to such an aircraft section 1(2)(b) of this Act shall have effect as if it referred to the territory of any one of the States named in the order.

5 (1) Proceedings for an offence under this Act shall not be in stituted in the Territory, except by or with the consent of the Attorney-General of the Territory.

(1A) Nothing in subsection (1) shall prevent the arrest, or the is sue 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 offence.

(2) [revoked]

SCHEDULE 2
Article 3

Bahamas
Bermuda
British Antarctic Territory
British Honduras
British Indian Ocean Territory
British Solomon Islands Protectorate
British Virgin Islands
Cayman Islands
Central and Southern Line 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

SCHEDULE 3
Article 4

Amendments to the Pacific (Fugitive Criminals Surrender) Order in Council 1914

[omitted]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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