AIRCRAFT (TOKYO, HAGUE AND MONTREAL CONVENTIONS) ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

 

PART II
Provisions giving Effect to the Tokyo Convention

   3   Interpretation of Part II

   4   Application of criminal law to offences on aircraft

   5   Extension of Jamaican local criminal jurisdiction

   6   Powers of aircraft commander

   7   Provisions ancillary to powers under section 6

   8   Power to intervene against unlawful exercise of control of aircraft

   9   Jurisdiction of Convention countries for extradition purposes

   10   Provisions as to evidence in connection with aircraft,

   11   Exemption from liabilities for acts against offenders under this Part

 

PART III
Provisions carrying out the Hague Convention

   12   Hijacking

   13   Violence against passengers or crew

   14   [Deleted by Act 7 of 1991.]

 

PART IV
Implementation of the Montreal Convention

   15   Interpretation of Part IV

   16   Destroying, damaging or endangering safety of aircraft

   17   Other acts endangering or likely to endanger aircraft

      Acts endangering safety at airport

   18   Inducing or assisting commission of acts excepted from sections 16 and 17

   19   Penalties and jurisdiction

   20   [Deleted by Act 7 of 1991.]

   21   No conferment of civil remedy under this Part; saving

 

PART V
General

   22   Extradition

   23   Aircraft operated by joint or international organisations

   24   Minister's certificate as to use of aircraft

   25   Fiat of Director of Public Prosecutions required for prosecution of certain offences

   26   Powers exercisable on suspicion of intended offence

   27   Restoration of aircraft and cargo to person lawfully entitled

   28   Regulations

   29   Piracy

      SCHEDULE

 

THE AIRCRAFT (TOKYO, HAGUE AND MONTREAL CONVENTIONS) ACT

[Date of Commencement: 26th April, 1984]

Acts
4 of 1984,
7 of 1991,
18 of 2005.

PART I
Preliminary (sections 1-2)

1   Short title

   This Act may be cited as the Aircraft (Tokyo, Hague and Montreal Conventions) Act.

2   Interpretation

   (1) In this Act-

   "aircraft" means, except as otherwise provided pursuant to subsection (4) hereof, any aircraft (whether or not a Jamaican-controlled aircraft) other than a State aircraft;

   "commander", in relation to an aircraft, means the member of the crew designated as the commander of that aircraft by the operator thereof or, failing such a person, the person who is for the time being the pilot in command of the aircraft;

   "constable" means a member of the Jamaica Constabulary Force, the Island Special Constabulary Force or the Rural Police;

   "Jamaican-controlled aircraft" means an aircraft-

   (a)   which is for the time being registered in Jamaica; or

   (b)   which is not for the time being registered in any country but in the case of which either the operator of the aircraft or each person entitled as owner to any legal or beneficial interest in it satisfies the following requirements

         (i)   that he is a person qualified to be the owner of a legal or beneficial interest in an aircraft registered Jamaica; and

         (ii)   that he resides or has his principal place of business in Jamaica; or

   (c)   which, although for the time being registered in a country other than Jamaica, is for the time being chartered by demise to a person who, or to persons each of whom, satisfies the requirements set out in paragraph (b) hereof;

   "operator", in relation to any aircraft at any time, means the person who at that time has the management of that aircraft;

   "pilot in command", in relation to an aircraft, means the person who for the time being is lawfully in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft;

   "State aircraft" means any aircraft which is used in the military, customs or police service of any country;

   "the Hague Convention" means the Convention for the Suppression of Unlawful Seizure of Aircraft, done at the Hague on the 16th day of December, 1970;

   "the Montreal Convention" means the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal on the 23rd day of September, 1971;

   "the Tokyo Convention" means the Convention on Offences and Certain Other Acts Committed on Board Aircraft, done at Tokyo on the 14th day of September, 1963.

   (2) [Deleted by Act 7 of 1991.]

   (3) Any reference in this Act to military service includes a reference to naval or air force service.

   (4) The Minister may, by order, direct-

   (a)   that this Act, subject to such modifications as may be specified in the order, shall apply to any State aircraft;

   (b)   that any aircraft operated by the Government be treated, to such extent and subject to such modifications of this Act as may be specified in the order, as excepted from the whole or any part of the provisions of this Act.

PART II
Provisions giving Effect to the Tokyo Convention (sections 3-11)

3   Interpretation of Part II

   (1) In this Part-

   "Convention country" means a country in which the Tokyo Convention is for the time being in force, and the Minister may, by order, certify that any country specified in the order is for the time being a Convention country, and any such order for the time being in force shall be conclusive evidence that the country in question is for the time being a Convention country;

   "immigration officer" means the Chief Immigration Officer or any immigration officer appointed by the Governor-General under the Aliens Act.

   (2) For the purposes of this Part, the period during which an aircraft is in flight shall be deemed to include-

   (a)   any period from the moment when power is applied for the purpose of the aircraft taking off on a flight until the moment when the landing run (if any) at the termination of that flight ends; and

   (b)   for the purposes of sections 6 and 8-

         (i)   any period from the moment when all external doors of the aircraft are closed following embarkation for after that flight until the moment when any such door is opened for disembarkation after that flight; and

         (ii)   if the aircraft makes a forced landing, any period thereafter until the time when a competent authority takes over responsibility for the aircraft and for the persons and property on board the aircraft; and

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   (c)   any period when the aircraft, although on the surface of the sea or land, is not within the territorial limits of any country.

   (3) In this Part, any reference to a country or the territorial limits thereof includes a reference to the territorial waters, if any, of that country.

4   Application of criminal law to offences on aircraft

   (1) Subject to subsection (2), any act taking place on board a Jamaican controlled aircraft while in flight elsewhere than in or over Jamaica and which, if taking place in Jamaica, would constitute an offence under the law force in Jamaica shall constitute that offence .

   (2) Subsection (1) shall not apply to any act which is, by or under the law in force in Jamaica, expressly or impliedly authorised when taking place outside Jamaica.

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