UNITED KINGDOM STATUTORY INSTRUMENT
1992 No. 3200
EXTRADITION
The Extradition (Hijacking) Order 1992
Made 17th December 1992
Laid before Parliament 6th January 1993
Coming into force 27th January 1993
At the Court at Buckingham Palace, the 17th day of December 1992
Present,
The Queen’s Most Excellent Majesty in Council
Whereas the Convention for the Suppression of Unlawful Seizure of Aircraft (“the Convention”)signed at The Hague on 16th December 1970, the terms of which are set out in Part I of Schedule I to this Order, entered into force for the United Kingdom on 21st January 1972:
And whereas the States mentioned in 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 Schedule 3 to this Order are foreign States in respect of which the Convention is for the time being in force and with which extradition arrangements are in force in relation to extradition between those States and one or more of the Territories specified in Schedule 5 to this Order.
And whereas the States mentioned in Part I of Schedule 4 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 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, 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 constituted general extradition arrangements between the United Kingdom and the foreign State, or any foreign State, party to the Convention:
Now, therefore Her Majesty in exercise of the powers conferred upon Her by Sections 2, 17 and 21 of the Extradition Act 1870, and Sections 4(1), 22(3), 30(1) 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:—
S-1
This Order may be cited as the Extradition (Hijacking) Order...
1. This Order may be cited as the Extradition (Hijacking) Order 1992 and shall come into force on 27th January 1993.
S-2
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 by paragraphs 1 and 4 of Article 8 of the Convention (set out in Schedule 1 to this Order); the Orders in Council which give effect to the said extradition treaties and which are listed in the fourth column of the said Schedule 2 shall be amended accordingly. The Convention entered into force for those States on the dates specified in the third column of the said Schedule 2.
S-3
Schedule 1 to the 1989 Act shall apply in the case of a State...
3. Schedule 1 to the 1989 Act shall apply in the case of a State mentioned in Schedule 3 to this Order under and in accordance with the extradition treaties listed in the second column of that Schedule (being treaties which continue to apply in respect of extradition between that State and one or more of the Territories specified in Schedule 5) as supplemented by paragraphs 1 and 4 of Article 8 of the Convention (set out in Schedule 1 to this Order); the Orders in Council which give effect to the said extradition treaties and which are listed in the fourth column of the said Schedule 3 shall be amended accordingly. The Convention entered into force for those States on the dates specified in the third column of the said Schedule 3.
S-4
The 1989 Act , so far as it relates to extradition procedures...
4. 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 4 to this Order (being States in respect of which the Convention 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.
S-5
The following Orders are hereby revoked:— The Extradition...
5. The following Orders are hereby revoked:—
The Extradition (Hijacking) Order 1971
The Extradition (Hijacking) (Amendment) Order 1982
The Extradition (Hijacking) (Amendment) Order 1985
The Extradition (Hijacking) (Amendment) Order 1986
The Extradition (Hijacking) (Amendment) Order 1987
The Extradition (Hijacking) (Amendment) Order 1988
S-6
Article 3 of the Aviation Security (Anguilla) Order 1987 is...
6. Article 3 of the Aviation Security (Anguilla) Order 1987is hereby revoked.
S-7
The operation of this Order is limited to the United Kingdom,...
7. The operation of this Order is limited to the United Kingdom, the Channel Islands, the Isle of Man and the Territories specified in Schedule 5 to this Order.
N. H. Nicholls
Clerk of the Privy Council
SCHEDULE 1
CONVENTION FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT
THE STATES PARTIES TO THIS CONVENTIONPREAMBLE
THE STATES PARTIES TO THIS 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 offenders;
HAVE AGREED AS FOLLOWS
Article 1
Any person who on board an aircraft in flight:
(a) unlawfully, by force on 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
commits an offence (hereinafter referred to as “the offence”).
Article 2
Each Contracting State undertakes to make the offence punishable 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 aircraft on board which the offence is committed are situated within the territory 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 registered in that State;
(b) when the aircraft on board which the offence is committed 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 exercised in accordance with national law.
Article 5
The Contracting States which establish joint air transport operating 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 communicate 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 offender is present, shall take him into custody or take other measures to ensure his presence. The custody and other measures shall be as provided in the law of that State but...
