Extradition (Protection of Aircraft) Order 1973
| Jurisdiction | UK Non-devolved |
1973 No. 1756
FUGITIVE CRIMINAL
The Extradition (Protection of Aircraft) Order 197324thOctober 1973
30thOctober 1973
24thNovember 1973
At the Court at Buckingham Palace, the 24th day of October 1973
Present,
The Queen's Most Excellent Majesty in Council
Whereas the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (hereinafter referred to as "the Convention") signed at Montreal on 23rd September 1971, the terms of which are set out in Schedule 1 to this Order, will enter into force for the United Kingdom on 24th November 1973:
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 with which extradition arrangements are in force:
And Whereas the States mentioned in Part I 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 extradition arrangements are in force:
And Whereas section 5(2) of the Protection of Aircraft Act 1973(a) provides that where no such arrangement as is mentioned in section 2 of the Extradition Act 1870(b) has been made with a State which is a party to the Convention, an Order in Council applying that Act may be made under that section as if the Convention were such an arrangement with that State:
Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 2 and 17 of the Extradition Act 1870 and sections 5(2) and 27(1) of the Protection of Aircraft Act 1973, 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:
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(c) shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
(a) 1973 c. 47.
(b) 1870 c. 52.
(c) 1889 c. 63.
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 supplemented by paragraphs 1 and 4 of 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 mentioned 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.
W. G. Agnew.
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 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...
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