UNITED KINGDOM STATUTORY INSTRUMENT
1991 No. 1699
EXTRADITION
The Extradition (Aviation Security) Order 1991
Made 24th July 1991
Laid before Parliament 1st August 1991
Coming into force 22th August 1991
At the Court at Buckingham Palace, the 24th day of July 1991
Present,
The Queen’s Most Excellent Majesty in Council
Whereas the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation which was signed at Montreal on 23rd September 1971, (“the Convention”)the terms of which are set out in Part I of Schedule 1 to this Order, entered into force for the United Kingdom on 24th November 1973:
And whereas the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention, which was signed at Montreal on 24th February 1988, (“the Protocol”)the terms of which are set out in Part II of Schedule 1 to this Order, entered into force for the United Kingdom on 15th December 1990:
And whereas the States mentioned in Part I of Schedule 2 to this Order are foreign States in respect of which the Convention is for the time being in force and in relation to which Orders in Council under section 2 of the Extradition Act 1870are in force:
And whereas the States mentioned in Part II of Schedule 2 to this Order are foreign States in respect of which the Protocol is for the time being in force and in relation to which Orders in Council under section 2 of the Extradition Act 1870 are in force:
And whereas the States mentioned in Part IA of Schedule 3 to this Order are foreign States in respect of which the Convention is for the time being in force but with which no general extradition arrangements have been made:
And whereas the States mentioned in Part IB of Schedule 3 to this Order are foreign States in respect of which the Protocol is for the time being in force but with which no general extradition arrangements have been made:
And whereas section 22(3) of the Extradition Act 1989provides that where general extradition arrangements have not been made with a State which is a party to the Convention or, as the case may be, a party to the Protocol, and no Order in Council under section 2 of the Extradition Act 1870 is in force in relation to that State, an Order in Council applying the 1989 Act may be made under section 4 of that Act as if the Convention or, as the case may be, the Protocol constituted general extradition arrangements between the United Kingdom and the foreign State, or any foreign State, party to the Convention or, as the case may be, to the Protocol:
Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 2 and 21 of the Extradition Act 1870, and sections 4(1), 22(3) and 37(3) of the Extradition Act 1989 or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
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This Order may be cited as the Extradition (Aviation Security)...
1. This Order may be cited as the Extradition (Aviation Security) Order 1991, and shall come into force on 22nd August 1991.
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Schedule 1 to the Extradition Act 1989 (“the 1989 Act ”) shall...
2. Schedule 1 to the Extradition Act 1989 (“the 1989 Act”)shall apply in the case of a State mentioned in Schedule 2 to this Order under and in accordance with the extradition treaties listed in the second column of that Schedule as supplemented, in the case of a State mentioned in Part I of Schedule 2 to this Order, by paragraphs 1 and 4 of Article 8 of the Convention, and in the case of a State mentioned in Part II of Schedule 2 to this Order, by paragraphs 1 and 4 of Article 8 of the Convention as applied by Article 1 of the Protocol; the Orders in Council which give effect to the said extradition treaties shall be construed accordingly. The dates of entry into force of the Convention and the Protocol for those States are specified in the third column of the said Schedule 2.
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The 1989 Act , so far as it relates to extradition procedures...
3. The 1989 Act, so far as it relates to extradition procedures under Part III of that Act, shall apply in the case of a State mentioned in Part I of Schedule 3 to this Order (being States in respect of which the Convention or, as the case may be, the Protocol entered into force on the dates specified in the second column of Part I of that Schedule) subject to the limitations, restrictions, exceptions and qualifications contained in Part II of that Schedule.
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The following Orders in Council are hereby revoked:– The...
4. The following Orders in Council are hereby revoked:–
The Extradition (Protection of Aircraft) Order 1973
The Extradition (Protection of Aircraft) (Amendment) Order 1982
The Extradition (Protection of Aircraft) (Amendment) Order 1985
The Extradition (Protection of Aircraft) (Amendment) Order 1986
The Extradition (Protection of Aircraft) (Amendment) Order 1987
The Extradition (Protection of Aircraft) (Amendment) Order 1988
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The operation of this Order is limited to the United Kingdom.The operation of this Order is limited to the United Kingdom.
5. The operation of this Order is limited to the United Kingdom.
G. I. de Deney
Clerk of the Privy Council
SCHEDULE 1
SCHEDULE 1
CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATIONPART I
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 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 offenders;
HAVE AGREED AS FOLLOWS:
ARTICLE 1
1. Any person commits an offence if he unlawfully and intentionally:
(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 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;
(b) an aircraft is considered to be in service from the beginning 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 mentioned 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 subparagraphs (a), (b), (c) 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 subparagraphs (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 territory 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 subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall not apply if the places referred to in subparagraph (a) of paragraph 2 of this Article are situated within the territory 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 territory of a State other than that State.
5. In the cases contemplated in subparagraph (d) of paragraph 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...
