Hong Kong Regulations

FUGITIVE OFFENDERS (SAFETY OF CIVIL AVIATION) ORDER - SCHEDULE 3

PROTOCOL FOR THE SUPPRESSION OF UNLAWFUL ACTS OF VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION, SUPPLEMENTARY TO THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION, DONE AT MONTREAL ON 23 SEPTEMBER 1971

[section 2]

The States Parties to this Protocol

Considering that unlawful acts of violence which endanger or are likely to
endanger the safety of persons at airports serving international civil
aviation or which jeopardize the safe operation of such airports undermine the
confidence of the peoples of the world in safety at such airports and disturb
the safe and orderly conduct of civil aviation for all States;

Considering that the occurrence of such acts is a matter of grave concern to
the international community and that, for the purpose of deterring such acts,
there is an urgent need to provide appropriate measures for punishment of
offenders;

Considering that it is necessary to adopt provisions supplementary to those of
the Convention for the Suppression of Unlawful Acts against the Safety of
Civil Aviation, done at Montreal on 23 September 19711, to deal with such
unlawful acts of violence at airports serving international civil aviation;

Have agreed as follows:

ARTICLE I

This Protocol supplements the Convention for the Suppression of Unlawful Acts
against the Safety of Civil Aviation, done at Montreal on 23 September 1971
(hereinafter referred to as "the Convention"), and, as between the Parties to
this Protocol, the Convention and the Protocol shall be read and interpreted
together as one single instrument.

ARTICLE II

1. In Article 1 of the Convention, the following shall be added as new
paragraph 1 bis:

"1 bis. Any person commits an offence if he unlawfully and intentionally,
using any device, substance or weapon:

   (a)  performs an act of violence against a person at an airport serving
        international civil aviation which causes or is likely to cause
        serious injury or death; or

   (b)  destroys or seriously damages the facilities of an airport serving
        international civil aviation or aircraft not in service located
        thereon or disrupts the services of the airport, if such an act
        endangers or is likely to endanger safety at that airport."

2. In paragraph 2(a) of Article 1 of the Convention, the following words shall
be inserted after the words "paragraph 1": "or paragraph 1 bis".

ARTICLE III

In Article 5 of the Convention, the following shall be added as paragraph 2
bis:

"2 bis. 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 bis, 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 the
State mentioned in paragraph 1(a) of this Article."

ARTICLE IV

This Protocol shall be open for signature at Montreal on 24 February 1988 by
States participating in the International Conference on Air Law held at
Montreal from 9 to 24 February 1988. After 1 March 1988, the Protocol shall be
open for signature to all States in London, Moscow, Washington and Montreal,
until it enters into force in accordance with Article VI.

ARTICLE V

1. This Protocol shall be subject to ratification by the signatory States.

2. Any State which is not a Contracting State to the Convention may ratify
this Protocol if at the same time it ratifies or accedes to the Convention in
accordance with Article 15 thereof.

3. Instruments of ratification 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 or with the International
Civil Aviation Organization, which are hereby designated the Depositaries.

ARTICLE VI

1. As soon as ten of the signatory States have deposited their instruments of
ratification of this Protocol, it shall enter into force between them on the
thirtieth day after the date of the deposit of the tenth instrument of
ratification2. It shall enter into force for each State which deposits its
instrument of ratification after that date on the thirtieth day after deposit
of its instrument of ratification.

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

ARTICLE VII

1. This Protocol shall, after it has entered into force, be open for accession
by any non-signatory State.

2. Any State which is not a Contracting State to the Convention may accede to
this Protocol if at the same time it ratifies or accedes to the Convention in
accordance with Article 15 thereof.

3. Instruments of accession shall be deposited with the Depositaries and
accession shall take effect on the thirtieth day after the deposit.

ARTICLE VIII

1. Any Party to this Protocol may denounce it by written notification
addressed to the Depositaries.

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

3. Denunciation of this Protocol shall not of itself have the effect of
denunciation of the Convention.

4. Denunciation of the Convention by a Contracting State to the Convention as
supplemented by this Protocol shall also have the effect of denunciation of
this Protocol.

ARTICLE IX

1. The Depositaries shall promptly inform all signatory and acceding States to
this Protocol and all signatory and acceding States to the Convention:

   (a)  of the date of each signature and the date of deposit of each
        instrument of ratification of, or accession to, this Protocol, and

   (b)  of the receipt of any notification of denunciation of this Protocol
        and the date thereof. 2. The Depositaries shall also notify the States
        referred to in paragraph 1 of the date on which this Protocol enters
        into force in accordance with Article VI.

In witness whereof the undersigned Plenipotentiaries, being duly authorized
thereto by their Governments, have signed this Protocol.

Done at Montreal on the twenty-fourth day of February of the year One Thousand
Nine Hundred and Eighty-eight, in four originals, each being drawn up in four
authentic texts in the English, French, Russian and Spanish languages.
___________________________________________________________________________
_____ Note: 1 Treaty Series No. 10 (1974). Cmnd. 5524. 2 The Protocol entered
into force on 6 August 1989. 3 Treaty Series No. 8 (1953). Cmd. 8742.