Hong Kong Regulations

FUGITIVE OFFENDERS (SAFETY OF CIVIL AVIATION) ORDER - SCHEDULE 2

CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION

[section 2]

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
establish its jurisdiction over the offences in the following cases:

   (a)  when the offence is committed in the territory of that State;

   (b)  when the offence is committed against or on board an aircraft
        registered in that State;

   (c)  when the aircraft on board which the offence is committed lands in its
        territory with the alleged offender still on board;

   (d)  when the offence is committed against or 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 offences mentioned in Article
1, paragraph 1 (a), (b) and (c), and in Article 1, paragraph 2, in so far as
that paragraph relates to those offences, 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 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 may only be continued for such time as is necessary to enable
any criminal or extradition proceedings to be instituted.

2. Such State shall immediately make a preliminary enquiry into the facts.

3. Any person in custody pursuant to paragraph 1 of this Article shall be
assisted in communicating immediately with the nearest appropriate
representative of the State of which he is a national.

4. When a State, pursuant to this Article, has taken a person into custody, it
shall immediately notify the States mentioned in Article 5, paragraph 1, the
State of nationality of the detained person and, if it considers it advisable,
any other interested States of the fact that such person is in custody and of
the circumstances which warrant his detention. The State which makes the
preliminary enquiry contemplated in paragraph 2 of this Article shall promptly
report its findings to the said States and shall indicate whether it intends
to exercise jurisdiction.

ARTICLE 7

The Contracting State in the territory of which the alleged offender is found
shall, if it does not extradite him, be obliged, without exception whatsoever
and whether or not the offence was committed in its territory, to submit the
case to its competent authorities for the purpose of prosecution. Those
authorities shall take their decision in the same manner as in the case of any
ordinary offence of a serious nature under the law of that State.

ARTICLE 8

1. The offences shall be deemed to be included as extraditable offences in any
extradition treaty existing between Contracting States. Contracting States
undertake to include the offences as extraditable offences in every
extradition treaty to be concluded between them.

2. If a Contracting State which makes extradition conditional on the existence
of a treaty receives a request for extradition from another Contracting State
with which it has no extradition treaty, it may at its option consider this
Convention as the legal basis for extradition in respect of the offences.
Extradition shall be subject to the other conditions provided by the law of
the requested State.

3. Contracting States which do not make extradition conditional on the
existence of a treaty shall recognize the offences as extraditable offences
between themselves subject to the conditions provided by the law of the
requested State.

4. Each of the offences shall be treated, for the purpose of extradition
between Contracting States, as if it had been committed not only in the place
in which it occurred but also in the territories of the States required to
establish their jurisdiction in accordance with Article 5, paragraph 1 (b),
(c) and (d).

ARTICLE 9

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 10

1. Contracting States shall, in accordance with international and national
law, endeavour to take all practicable measures for the purpose of preventing
the offences mentioned in Article 1.

2. When, due to the commission of one of the offences mentioned in Article 1,
a flight has been delayed or interrupted, any Contracting State in whose
territory the aircraft or passengers or crew are present shall facilitate the
continuation of the journey of the passengers and crew as soon as practicable,
and shall without delay return the aircraft and its cargo to the persons
lawfully entitled to possession.

ARTICLE 11

1. Contracting States shall afford one another the greatest measure of
assistance in connection with criminal proceedings brought in respect of
the offences. The law of the State requested shall apply in all cases.

2. The provisions of paragraph 1 of this Article shall not affect obligations
under any other treaty, bilateral or multilateral, which governs or will
govern, in whole or in part, mutual assistance in criminal matters.

ARTICLE 12

Any Contracting State having reason to believe that one of the offences
mentioned in Article 1 will be committed shall, in accordance with its
national law, furnish any relevant information in its possession to those
States which it believes would be the States mentioned in Article 5, paragraph
1.

ARTICLE 13

Each Contracting State shall in accordance with its national law report to the
Council of the International Civil Aviation Organization as promptly as
possible any relevant information in its possession concerning:

   (a)  the circumstances of the offence;

   (b)  the action taken pursuant to Article 10, paragraph 2;

   (c)  the measures taken in relation to the offender or the alleged offender
        and, in particular, the results of any extradition proceedings or
        other legal proceedings.

ARTICLE 14

1. Any dispute between two or more Contracting States concerning the
interpretation or application of this Convention which cannot be settled
through negotiation, shall, at the request of one of them, be submitted to
arbitration. If within six months from the date of the request for arbitration
the Parties are unable to agree on the organization of the arbitration, any
one of those Parties may refer the dispute to the International Court of
Justice by request in conformity with the Statute of the Court.

2. Each State may at the time of signature or ratification of this Convention
or accession thereto, declare that it does not consider itself bound by the
preceding paragraph. The other Contracting States shall not be bound by the
preceding paragraph with respect to any Contracting State having made such a
reservation.

3. Any Contracting State having made a reservation in accordance with the
preceding paragraph may at any time withdraw this reservation by notification
to the Depositary Governments.

ARTICLE 15

1. This Convention shall be open for signature at Montreal on 23 September
1971, by States participating in the International Conference on Air Law held
at Montreal from 8 to 23 September 1971 (hereinafter referred to as the
Montreal Conference). After 10 October 1971, the Convention shall be open to
all States for signature in Moscow, London and Washington. Any State which
does not sign this Convention before its entry into force in accordance with
paragraph 3 of this Article may accede to it at any time.

2. This Convention shall be subject to ratification by the signatory States.
Instruments of ratification and instruments of accession shall be deposited
with the Governments of the Union of Soviet Socialist Republics, the United
Kingdom of Great Britain and Northern Ireland, and the United States of
America, which are hereby designated the Depositary Governments.

3. This Convention shall enter into force thirty days following the date of
the deposit of instruments of ratification by ten States signatory to this
Convention which participated in the Montreal Conference.(1)

4. For other States, this Convention shall enter into force on the date of
entry into force of this Convention in accordance with paragraph 3 of this
Article, or thirty days following the date of deposit of their instruments of
ratification or accession, whichever is later.

5. The Depositary Governments shall promptly inform all signatory and acceding
States of the date of each signature, the date of deposit of each instrument
of ratification or accession, the date of entry into force of this Convention,
and other notices.

6. As soon as this Convention comes into force, it shall be registered by the
Depositary Governments pursuant to Article 102 of the Charter of the United
Nations(2) and pursuant to Article 83 of the Convention on International Civil
Aviation (Chicago, 1944).(3)

ARTICLE 16

1. Any Contracting State may denounce this Convention by written notification
to the Depositary Governments.

2. Denunciation shall take effect six months following the date on which
notification is received by the Depositary Governments.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized
thereto by their Governments, have signed this Convention.

DONE at Montreal, this twenty-third day of September, one thousand nine
hundred and seventy-one, in three originals, each being drawn up in four
authentic texts in the English, French, Russian and Spanish languages.(4)
___________________________________________________________________________
_____ Note:

(1) The Convention entered into force on 26 January, 1973.

(2) Treaty Series No. 67 (1946), Cmd. 7015.

(3) Treaty Series No. 8 (1953), Cmd. 8742.

(4) Texts in the French, Russian and Spanish languages will be published in
the United Nations Treaty Series, available through Agency Section, Her
Majesty's Stationery Office, PO Box 569, London SE1 9NY. Tel. 01-928 6977,
ext. 410.