SCHEDULE
Article 2
PROVISIONS OF THE AVIATION SECURITY ACT 1982 AS EXTENDEDTO ANGUILLA
1. Hijacking.
(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 an offence of hijacking, whatever his nationality, whatever the State in which the aircraft is registered and whether the aircraft is in Anguilla or elsewhere, but subject to subsection (2) below.
(2) If—
(a)
(a) the aircraft is used in military, customs or police service, or
(b)
(b) both the place of take-off and the place of landing are in the territory of the State in which the aircraft is registered,
subsection (1) above shall not apply unless—
(i)
(i) the person seizing or exercising control of the aircraft is a United Kingdom national; or
(ii)
(ii) his act is committed in Anguilla; or
(iii)
(iii) the aircraft is registered in the United Kingdom or in Anguilla or is used in the military or customs service of the United Kingdom or of Anguilla or in the service of any police force in the United Kingdom or in Anguilla.
(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 instrument declares—
(a)
(a) that any two or more States named in the order have established an organisation or agency which operates aircraft; and
(b)
(b) that one of those States has been designated as exercising, 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. Destroying, damaging, or endangering safety of aircraft.
(1) It shall, subject to subsection (4) below, be an offence for any person unlawfully and intentionally—
(a)
(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)
(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 commission of any act—
(a)
(a) may constitute an offence under subsection (1) above, or
(b)
(b) may constitute attempting or conspiring to commit, or aiding, abetting, counselling or procuring 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 Anguilla 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)
(a) the act is committed in Anguilla, or
(b)
(b) where the act is committed outside Anguilla, 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)
(a) in relation to the commission of an act in Anguilla, means so as (apart from this Act) to constitute an offence under the law of Anguilla, and
(b)
(b) in relation to the commission of an act outside Anguilla, means so that the commission of the act would (apart from this Act) have been an offence under the law of Anguilla if it had been committed in Anguilla.
(7) In this section “act of violence” means—
(a)
(a) any act done in Anguilla 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 18616or under section 2 of the Explosive Substances Act 18837, and
(b)
(b) any act done outside Anguilla which, if done in Anguilla, would constitute such an offence as is mentioned in paragraph (a) above.
(8) For the purposes of this section the said sections of the Offences against the Person Act 1861 and of the Explosive Substances Act 1883, if not already in force in Anguilla, shall be deemed to be in force in Anguilla as they are in force in England.
3. Other acts endangering or likely to endanger safety of aircraft.
(1) It shall, subject to subsections (5) and (6) below, be an offence for any person unlawfully and intentionally to destroy or damage any property to which this subsection applies, or to interfere with the operation of any such property, where the destruction, damage or interference is likely to endanger the safety of aircraft in flight.
(2) Subsection (1) above applies to any property used for the provision of air navigation facilities, including any land, building or ship so used, and including any apparatus or equipment so used, whether it is on board an aircraft or elsewhere.
(3) It shall also, subject to subsections (4) and (5) below, be an offence for any person intentionally to communicate any information which is false, misleading or...
