United Nations Legislative Series...Presidential Decree No. 532: Anti-Piracy and Anti-Highway Robbery Law of 1974 ..... 318 3. Revised Penal Code ..... 320 XXXIII. POLAND 1. Summary

United Nations Legislative Series

NATIONAL LAWSAND REGULATIONS

ON THE PREVENTION AND SUPPRESSIONOF INTERNATIONAL TERRORISM

Part I

Sirie lMgislative des Nations Unies

DISPOSITIONS LIEGISLATIVESET RIEGLEMENTAIRES NATIONALES

RELATIVES A LA PREVENTIONET A L'ELIMINATION

DU TERRORISME INTERNATIONAL

1re partie

UNITED NATIONS New York, 2002 NATIONS UNIES

ST/LEG/SER.B/22

UNITED NATIONS PUBLICATIONSales No. E/F.02.V.7

PUBLICATION DES NATIONS UNIESNum6ro de vente: E/F.02.V.7

TABLE OF CONTENTSTABLE DES MATIERES

Page

INTRODU CTION ......................................................... vi

National Legislation

1. ALGERIA1. Summary of Algerian Legislation on Terrorism ...... I

II. AUSTRALIA1. Crimes (Internationally Protected Persons) Act 1976 22. Crimes (Foreign Incursions and Recruitment) Act

19 7 8 .................................................. ...... 113. Nuclear Non-Proliferation (Safeguards) Act 1987

(Division 2 - Offences relating to the PhysicalProtection Convention) .................................... 18

4. Crimes (Hostages) Act 1989 ............................. 215. Crimes (Aviation) Act 1991 .............................. 286. Crimes (Ships and Fixed Platforms) Act 1992 ........ 59

III. AUSTRIA1. Summary of Austrian Legislation on Terrorism ...... 70

IV. AZERBAIJAN1. Law of the Republic of Azerbaijan on Combating

T errorism ................................................... 72V. BELARUS

I. Decree No. 21 of 21 October 1997 of the Presidentof the Republic of Belarus on Urgent Measures toCombat Terrorism and Other ParticularlyDangerous Violent Crimes ............................... 81

2. Criminal Code of 29 December 1960 .................. 843. Criminal Code of 9 July 1999 ........................... 85

VI. BURKINA FASO1. Penal C ode ................................................. 87

VII. CANADAI. Relevant Provisions of the Criminal Code ............. 892. Provisions relatives au code criminel .................... 98

VIII. CHILE1. Act No. 18,314 Defining Terrorist Acts and

Establishing Penalties for such Acts .................... 1082. Summary of Chilean Legislation on Terrorism ...... 109

Page

IX. CHINA1. Provisions of the Criminal Law of The People's

Republic of China as revised at the Fifth Meeting of

the Standing Committee of the Eighth National

People's Congress of The People's Republic ofChina on 14 March 1997 ................................. 112

2. Decision exercising Criminal Jurisdiction over theCrimes prescribed in the International Treaties towhich The People's Republic of China is a Party orhas acceded, 1987 ......................................... 115

3. Decision regarding the severe Punishment ofCriminals who seriously endanger Public Security,1983 ......................................................... 117

4. Decision regarding the Punishment of Criminalsengage in Aircraft Hijacking, 1992 ..................... 119

X. COOK ISLANDS1. Crimes (Internationally Protected Persons and

Hostages) Act 1982, No. 6 ............................... 120XI. CUBA

1. Penal C ode ................................................. 130XII. ECUADOR

1. Penal C ode ................................................ 131XIII. EGYPT

1. Penal Code: Chapter II: Internal Crimes andOffences Against the Government ....................... 136

XIV. EL SALVADOR1. Penal C ode ................................................. 1502. Official Gazzette, San Salvador, 10 June 1997, Vol.

N o. 335 ...................................................... 1533. D ecree N o. 1030 ........................................... 155

XV. FIJI1. Summary of relevant Provisions of the Penal Code

(Cap. 17): Part IX: Offences affecting relationswith Foreign States and External Tranquility ......... 156

2. Civil Aviation (Security) Act 1994 ..................... 158XVI. FRANCE

1. Le Dispositif Legislatif et Reglementaire Frangais... 178XVII. GEORGIA

1. Crim inal Code ........................................... 180

PageXVIII. GERMANY

1. Summary of the German Laws and Regulationsregarding the Prevention and Suppression ofInternational Terrorism ................................... 183

XIX. GUATEMALA1. Penal C ode ................................................ 185

XX. HUNGARY1. Crim inal Code ............................................ 186

XXI. INDIA1. The Tokyo Convention Act, 1975 (No. 20 of 1975). 1872. The Anti-Hijacking Act, 1982 (No. 65 of 1982)...... 1943. The Suppression of Unlawful Acts Against Safety

of Civil Aviation Act, 1982 (No. 66 of 1982) ......... 1984. The SAARC Convention (Suppression of Terrorism

Act, 1993 (No. 36 of 1993)) .............................. 201XXII. ISRAEL

1. Prevention of Terrorism Ordinance .................... 204XXIII. ITALY

1. Summary of Italian Legislation on Terrorism ......... 210XXIV. JAPAN

1. Penal Code (Law No. 45, April 24, 1907) ............. 2112. The Law for the Regulations of Nuclear Source

Material, Nuclear Fuel Material and Reactors ......... 218XXV. MALAWI

1. Hijacking Act No. 19 of 1972 ........................... 222XXVI. MALAYSIA

1. Aviation Offences Act 1954 (Act 307) ............... 231XXVII. MALDIVES

1. Law on the Prevention of Terrorism in the Maldives1990 (Law No: 10/90) .................................... 244

XXVIII. MAURITIUS1. Civil Aviation (Hijacking and Other Offences) Act

19 8 5 .......................................................... 2 4 6

2. Criminal Code (Supplementary) Act .................. 250XXIX. MEXICO

1. Federal Penal Code ....................................... 253

2. Federal Code of Criminal Procedure ................... 254

3. Federal Act Against Organized Crime ................. 254XXX. NEW ZEALAND

1. Aviation Crimes Act 1972 .............................. 254

Page

2. Crimes (Internationally Protected Persons, UnitedNations and Associated Personnel, and Hostages)A ct 1980 ..................................................... 268

3. International Terrorism (Emergency Powers) Act19 87 .......................................................... 2 8 1

4. Immigration Act 1987 - Part III: Deportation ofPersons Threatening National Security andSuspected Terrorists ....................................... 295

5. Maritime Crimes Act 1999 ............................... 305XXXI. PANAMA

1. Penal C ode ................................................. 315XXXII. PHILIPPINES

1. An Act Prohibiting certain Acts inimical to CivilAviation and for other purposes ......................... 316

2. Presidential Decree No. 532: Anti-Piracy and Anti-Highway Robbery Law of 1974 ......................... 318

3. Revised Penal Code ....................................... 320XXXIII. POLAND

1. Summary of the Relevant Provisions of the PenalC ode ......................................................... 328

XXXIV. REPUBLIC OF KOREA1. Safety of Aircraft Operation Act ........................ 3292. Crim inal Code ............................................. 3313. Atomic Energy Act ...................................... 332

XXXV. RUSSIAN FEDERATION1. Decree No. 338 of 7 March 1996 of the President of

the Russian Federation on Measures to intensify theSuppression of Terrorism .............................. 336

2. Resolution No. 45 of 16 January 1997 of theGovernment of the Russian Federation on theEstablishment of the Interdepartmental Anti-Terrorist Commission of the Russian Federation..... 338

3. Penal C ode ................................................ 3414. Federal Act on the Suppression of Terrorism of 25

July 1998 .................................................... 3475. Resolution No. 1302 of 6 November 1998 of the

Government of the Russian Federation on theFederal Anti-Terrorist Commission ..................... 361

XXXVI. SLOVAKIA1. Penal C ode ................................................ 365

XXXVII. SRI LANKA1. Prevention of Terrorism ............................... 3682. Prevention of Terrorism (Temporary Provisions)

(Amendment) Act No. 10 of 1982 .................... 3823. Prevention of Terrorism (Temporary Provisions)

(Amendment) Act No. 22 of 1988 .................... 3844. Offences Against Aircraft Act, No. 24 of 1982 .... 3855. SAARC Regional Convention on Suppression of

Terrorism Act, No. 70 of 1988 ........................ 3986. Suppression of Unlawful Acts of Violence at

Airports Serving International Civil Aviation ActN o. 31 of 1996 .......................................... 402

7. Suppression of Terrorist Bombings Act No. 11 of1999 ...................................................... 405

XXXVIII. SWITZERLAND1. Loi f~d~rale instituant des mesures visant au

maintien de la sfiret6 int~rieure (LMSI) ............. 411XXXIX. SYRIAN ARAB REPUBLIC

1. Penal C ode .............................................. 425XL. TUNISIA

1. Code Penal .............................................. 4262. Code des procedures penales .......................... 4263. Loi N' 89-23 du 27 f~vrier 1989, portant

suppression de la peine des travaux forces ........... 427XLI. TURKEY

1. Law #3713 on Suppression of Terrorism ........... 427XLII. UKRAINE

1. Crim inal Code .......................................... 438XLIII. UNITED KINGDOM

I. Tokyo Convention Act 1967 ......................... 4402. Suppression of Terrorism Act 1978 .................. 4503. Internationally Protected Persons Act 1978 ........ 4614. Taking of Hostages Act 1982 ......................... 4665. Aviation Security Act 1982 ........................... 4696. Criminal Justice (Terrorism and Conspiracy) Act

199 8 ...................................................... 5 157. Terrorism Act 2000 .................................... 532

XLIV. UZBEKISTAN1. Criminal Code of 22 September 1994 ............... 619

INTRODUCTION

This volume of the United Nations Legislative Series, entitled "nationallaws and regulations on the prevention and suppression of international terrorism"has been prepared by the Codification Division of the Office of Legal Affairs,pursuant to paragraph 10 (b) of the Declaration on Measures to EliminateInternational Terrorism (annexed to General Assembly resolution 49/60 of 9December 1994). The aim of this compilation of national laws and regulations is toprovide resource material and thereby contribute to enhancing internationalcooperation in the struggle against terrorism.

This volume of the Legislative Series is confined to information receivedfrom Member States. It reproduces texts of national legislation submitted by Statesrelating to the prevention and suppression of terrorism in all its forms andmanifestations. Some submissions consist of specific legislation implementinginternational conventions on terrorism. Others are provisions of national lawrelevant to the topic, or a substantive summary thereof. Texts submitted byMember States that are only indirectly related to the topic of internationalterrorism have generally not been reproduced, due to resource limitations, but areavailable for consultation from the Codification Division, Office of Legal Affairs.The purpose of this volume is to reproduce, as far as possible, actual texts ofnational laws. It should also be read in conjunction with the annual report of theSecretary-General on "Measures to eliminate international terrorism" whichsummarizes information received by States on the various measures taken by themto address international terrorism.

As in the case of other volumes of the Legislative Series, texts in Englishor French have been reproduced in their original version. To the extent thatavailable resources permitted, texts submitted in other official languages of theUnited Nations have been translated into English by the Secretariat and have beenincluded in this volume. Member States whose official language is not one of theofficial languages of the United Nations were asked to provide their owntranslation or a summary in either English or French of their relevant laws andregulations.

INTRODUCTION

Le present volume de la Sirie lgislative des Nations Unies intituld<< 16gislatives et rrglementaires nationales relatives i la prevention et Al'61imination du terrorisme international >> a 6t6 dtabli par la Division de lacodification du Bureau des affaires juridiques, conformiment au paragraphe 10 b)de la Declaration sur les mesures visant i 61iminer le terrorisme international (dont

vi

le texte figure en annexe i la rdsolution 49/60 de l'Assembl~e g6n&ale en date du9 d6cembre 1994). Le but de la compilation est de fournir du mat6riel de r6fdrenceet de contribuer ainsi A renforcer la cooperation intemationale dans la lutte contrele terrorisme.

Le prdsent volume de la Srie lgislative est limit6 aux informationsreques des ttats Membres. On y reproduit les textes des 1dgislations nationalesconcemant la prdvention et l'dimination du terrorisme sous toutes ses formes etmanifestations qui ont 6 soumis par les ttats. Certains de ces textes concementdes lois sp6cifiques portant application de conventions internationales sur leterrorisme. D'autres sont des dispositions du droit national se rapportant A laquestion, ou un r6sum6 substantiel de ces dispositions. Les textes soumis par lesEtats membres, n'ayant seulement qu'un lien indirect avec le terrorismeinternational, nWont pas W reproduits A cause du manque de ressource, mais sontdisponibles A la consultation A la division de la Codification du Bureau desAffaires juridiques. Le pr6sent volume vise A reproduire, dans la mesure dupossible, le texte m~me des lois nationales. IL doit donc dtre rapproch6 du rapportannuel du Secr~taire gdn~ral sur les (< mesures visant i 6iminer le terrorismeinternational >>, qui rdsume les informations reques des ttats sur les diversesmesures qu'ils ont prises pour faire face au probl~me.

Comme pour les autres volumes de la Sgrie l9gislative, les textes enanglais ou en frangais ont W reproduits dans leur version originale. Dans lamesure ofi les ressources dont il disposait le lui ont permis, le Secr6tariat a traduiten anglais les textes pr6sent6s dans les autres langues officielles de l'Organisationdes Nations Unies et les a reproduits dans le pr6sent volume. Les Etats Membresdont la langue officielle n'est pas l'une des langues officielles de l'Organisationont 6t6 pri~s de fournir leur propre traduction ou un r6sumd en anglais ou enfrangais de leurs dispositions l6gislatives ou r6glementaires pertinentes.

I. ALGERIAI

1. SUMMARY OF ALGERIAN LEGISLATION ON TERRORISM

The Algerian Government has promulgated a new law to strengthen

efforts to combat terrorism. Accordingly, the Penal Code and the Code of Penal

Procedure have been amended to meet the requirements of public safety inAlgeria.

Article 87 bis of the Penal Code, which concerns the characterization of

acts of terrorism, defines as terrorist or subversive all acts intended:

- To spread fear throughout the population and to create a climate ofinsecurity by causing individuals mental anguish or physical injury, or byendangering their lives, freedom, safety or property;

- To impede traffic or freedom of movement on roads or to occupypublic places by mob action;

- To attack symbols of the nation and of the Republic or to desecratecemeteries;

- To interfere with the communications media, the transport system or

public and private property, to take possession of them or to occupy themunlawfully;

- To harm the environment or to introduce in the atmosphere, on land,

under ground or in the water, including the territorial waters of the ocean, anysubstance that might endanger the health of persons or animals or the naturalenvironment;

- To interfere with the actions of public authorities, freedom of religionor civil liberties, or with the operations of establishments that serve the public;

- To interfere with the operations of public institutions or to attack the

lives or property of their agents, or to hinder the enforcement of laws andregulations.

The purpose of these provisions is to define and characterize terrorist

acts in an appropriate manner in order to prevent them from being carried out, and

to stipulate the penalties and sanctions which those convicted of committing such

acts could expect to incur. To this end, the Algerian legislature has judged it

necessary and advisable to impose stiffer penalties, which shall henceforth

correspond to the gravity of the terrorist acts committed. Heavy deterrent penalties

are envisaged for any Algerian national who agitates for or enrols abroad in a

Transmitted to the Secretariat by that Government on 12 September 1995.

terrorist or subversive association, group or organization, whatever its structure ordesignation, even if its operations are not directed against Algeria. Penalties arealso envisaged for any person involved in the manufacture, purchase, sale andimportation of weapons and explosives intended for use in terrorist acts.

II. AUSTRALIA2

1. CRIMES (INTERNATIONALLY PROTECTED PERSONS) ACT1976'

An Act relating to the Prevention and Punishment of Crimes againstInternationally Protected Persons, including Diplomatic Agents

Short title

1. This Act may be cited as the Crimes (Internationally Protected Persons) Act1976.

Commencement

2. (1) Subject to subsection (2), this Act shall come into operation on the dayon which it receives the Royal Assent.

(2) Section 11 shall come into operation on a date to be fixed by Proclamation,being a date not earlier than the date on which the Convention enters into force forAustralia.

Interpretation

3. (1) In this Act, unless the contrary intention appears:

"Australia" includes:

(a) all the Territories; and

2 Transmitted to the Secretariat by that Government on 1 September 1999. The followingpieces of legislation have also been provided by the Government to the Secretariat and areavailable for consultation from the Codification Division, Office of Legal Affairs: the Crimes(Biological Weapons) Act 1976, the Chemical Weapons (Prohibition) Act 1994 and theWeapons of Mass Destruction (Prevention of Proliferation) Act 1995.' The Act has been amended by the Overseas Missions (Privileges and Immunities)(Consequential Amendments) Act 1995. The Schedule to the Act reproducing theConvention on the Prevention and Punishment of Crimes Against Internationally ProtectedPersons, including Diplomatic Agents has not been reproduced. The full text of the Act isavailable for consultation from the Codification Division, Office of Legal Affairs.

2

(b) the Australian coastal sea;

"Australian aircraft" means:

(a) an aircraft registered or required to be registered in accordance withthe Civil Aviation Regulations as an Australian aircraft;

(b) an aircraft that is owned by, or is in the possession or control of, theCommonwealth or an authority of the Commonwealth; or

(c) an aircraft of any part of the Defence Force, including an aircraftthat is being commanded or piloted by a member of that Force in thecourse of the member's duties as such a member;

"Australian coastal sea" means any sea or waters the sovereignty in respect ofwhich is declared by the Seas and Submerged Lands Act 1973 to be vested in theCrown in right of the Commonwealth, and includes the airspace over, and theseabed and subsoil beneath, any such sea or waters;

"Australian ship" means:

(a) a ship registered in Australia; or

(b) a ship that belongs to an arm of the Defence Force;

"Convention" means the Convention on the Prevention and Punishment of Crimesagainst Internationally Protected Persons, including Diplomatic Agents, that wasopened for signature at New York on 14 December 1973, a copy of the Englishtext of which is set out in the Schedule.

(3) Except so far as the contrary intention appears, an expression that is used inthis Act and in the Convention has, in this Act, the same meaning as in theConvention, whether or not a particular meaning is expressly assigned to it by theConvention and whether or not the Convention has entered into force in pursuanceof paragraph 1 of article 17 of the Convention.

Extended meaning of "internationally protected person"

3A. (1) For the purposes of this Act, the definition of "internationally protectedperson" in paragraph I of article 1 of the Convention has effect as if the referencein that definition to a Head of State included, in relation to Australia, theGovernor-General.

(2) For the purposes of this Act, the definition of "internationally protectedperson" in paragraph 1 of article 1 of the Convention has effect as if that definitionincluded, in prescribed circumstances, the following persons:

(a) a prescribed representative or official of Australia;

(b) a prescribed representative or official of a prescribed state otherthan Australia;

(c) a prescribed official or agent of a prescribed internationalorganisation, where the organisation is of an intergovernmentalcharacter;

(d) a prescribed official of a prescribed designated overseas mission;

(e) a member of the family of a person covered by paragraph (a), (b),(c) or (d), where the family member is part of the person's household.

Note 1: A person may be prescribed by name, by reference to the holding of aspecified office or position or by reference to membership of a specified class.

Note 2: A thing may be prescribed by name or by reference to membership of aspecified class.

(3) The Governor-General may make regulations for the purposes of this section.

(4) In this section:

"designated overseas mission" has the same meaning as in the Overseas Missions(Privileges and Immunities) Act 1995;

"official", in relation to a designated overseas mission, means:

(a) the head of the mission; or

(b) a member of the staff of the mission.

Extension ofAct to Territories

4. This Act extends to every Territory.

Extraterritorial operation ofAct

5. This Act extends, except so far as the contrary intention appears:

(a) to acts, matters and things outside Australia, whether or not in orover a foreign country; and

(b) to all persons, irrespective of their nationality or citizenship.

Effect of this Act on other laws

6. (1) Except as provided by this section, this Act is not intended to exclude orlimit the operation of any other law of the Commonwealth or any law of a State orTerritory.

(2) Where any conduct by a person is both an offence against this Act and anoffence against any other law referred to in subsection (1) and that person isconvicted of either of those offences, that person is not liable to be convicted of theother of those offences.

(3) Where a person has been convicted of an offence under the law of a countryoutside Australia in respect of any conduct, that person is not liable to be convictedof an offence against this Act in respect of that conduct.

Ratification of Convention

7. Approval is given to the ratification by Australia of the Convention.

Offences

8. (1) A person who murders or kidnaps an internationally protected person isguilty of an offence against this Act and is punishable on conviction byimprisonment for life.

(2) A person who commits any other attack upon the person or liberty of aninternationally protected person is guilty of an offence against this Act and ispunishable on conviction:

(a) where the attack causes death - by imprisonment for life;

(b) where the attack causes grievous bodily harm - by imprisonmentfor a period not exceeding 20 years; or

(c) in any other case - by imprisonment for a period not exceeding 10years.

(3) A person who intentionally destroys or damages (otherwise than by means offire or explosive):

(a) any official premises, private accommodation or means of transport,of an internationally protected person; or

(b) any other premises or property in or upon which an internationallyprotected person is present, or is likely to be present;

is guilty of an offence against this Act and is punishable upon conviction by

imprisonment for a period not exceeding 10 years.

5

(3A) A person who intentionally destroys or damages (otherwise than by means offire or explosive):



with intent to endanger the life of that internationally protected person by thatdestruction or damage is guilty of an offence against this Act and is punishableupon conviction by imprisonment for a period not exceeding 20 years.

(3B) A person who intentionally destroys or damages by means of fire orexplosive:



is guilty of an offence against this Act and is punishable upon conviction byimprisonment for a period not exceeding 15 years.

(3C) A person who intentionally destroys or damages by means of fire orexplosive:



with intent to endanger the life of that internationally protected person by thatdestruction or damage is guilty of an offence against this Act and is punishableupon conviction by imprisonment for a period not exceeding 25 years.

(4) A person who threatens to do anything that would constitute an offenceagainst subsection (1), (2), (3), (3A), (3B) or (3C) is guilty of an offence againstthis Act and is punishable on conviction by imprisonment for a period notexceeding 7 years.

(5) For the purposes of this Act, an offence created by section 5 or 7 of theCrimes Act 1914-1975 shall, to the extent that it relates to an offence againstsubsection (1), (2), (3), (3A), (3B), (3C) or (4), be deemed to be an offence againstthis Act.

6

(6) Where, on the trial of a person for an offence against subsection (1), or for anoffence against section 7 of the Crimes Act 1914 that is related to such an offence,the evidence does not establish the commission by the person of such an offencebut establishes the commission by the person of an offence against subsection (2),the person may be found guilty of the last-mentioned offence.

(7) For the purposes of this section:

(a) kidnapping a person consists of leading, taking or enticing theperson away, or detaining the person, with intent to hold the person forransom or as a hostage or otherwise for the purpose of inducingcompliance with any demand or obtaining any advantage;

(b) murdering a person consists of causing the death of that person incircumstances in which the person causing the death would be guilty ofmurder according to the law in force in the Australian Capital Territoryat the time of the conduct causing the death, whether or not the conducttook place in that Territory;

(c) a reference to an attack upon the person of an internationallyprotected person shall be read as including a reference to assaulting aninternationally protected person or to administering or applying to aninternationally protected person, or causing an internationally protectedperson to take, a poison, drug or other destructive or noxious substanceor thing;

(d) a person who destroys or damages any official premises, privateaccommodation or means of transport or any other premises or propertyshall be taken to have done so intentionally if the person acted:

(i) with intent to destroy or damage those premises or thatproperty; or

(ii) in the knowledge or belief that the actions were likely toresult in the destruction of, or damage to, those premisesor that property; and

(e) a person who destroys or damages any official premises, privateaccommodation or means of transport or any other premises or propertyshall betaken to have intended to endanger the life of another person bythat destruction or damage if the first-mentioned person acted:

(i) with intent to endanger the life of that other person; or

(ii) in the knowledge or belief that the actions were likely toendanger the life of that other person.

Liability to prosecution

10. A person is not liable to be charged for an offence against this Act unless:

(a) the offence is committed in Australia or on an Australian ship orAustralian aircraft; or

(b) the offence is committed after the Convention enters into force forAustralia and the person is found in Australia or Australia is required byarticle 3 of the Convention to establish its jurisdiction over the offence.

Taking offenders into custody

11. (1) In this section, "constable" means a member or special member of theAustralian Federal Police or a member of a police force of a State orTerritory.

(2) Where a constable has reasonable grounds to suspect that a person who is inAustralia has committed, outside Australia, an offence against this Act, theconstable:

(a) may take the person into custody for the purpose of being dealtwith in accordance with this section; and

(b) shall cause the person so taken into custody:

(i) to be brought before a Magistrate as soon as practicableto be dealt with in accordance with this section; and

(ii) to be held in custody until the person can be so broughtbefore a Magistrate.

(3) Where:

(a) a person is brought or appears before a Magistrate in accordancewith subsection (2) or on the expiration of a period of remand fixedundersubsection (4) or in pursuance of a warrant issued under subsection(6); and

(b) there is produced to the Magistrate a warrant for the apprehensionof the person for the purposes of criminal or extradition proceedings inconnexion with an offence against this Act or any other offence;

the Magistrate shall make such order as is appropriate to facilitate the execution ofthe warrant.

(4) Where, in the circumstances referred to in paragraph (3) (a), a warrantreferred to in paragraph (3) (b) is not produced to the Magistrate, the Magistrateshall:

(a) if the Magistrate is satisfied that further time is reasonably requiredfor determining whether criminal or extradition proceedings should beinstituted against the person - remand, or further remand, the person,either in custody or on bail, for a period not exceeding 7 days; or

(b) if the Magistrate is not so satisfied - order that the person bereleased from custody.

(5) Where a Magistrate remands, or further remands, a person in custody undersubsection (4), the person shall, at the expiration of the period of remand or furtherremand, be brought before that Magistrate or another Magistrate.

(6) If a person who has been remanded on bail under subsection (4) does notappear before a Magistrate at the time and place mentioned in the recognizanceentered into by the person on being granted bail, a Magistrate may issue a warrantfor the apprehension of the person and for bringing the person before a Magistrate.

(7) A person, other than an Australian citizen, who is taken into custody undersubsection (2) is entitled to the rights conferred by paragraph 2 of article 6 of theConvention.

(8) The laws in force in a State or Territory with respect to:

(a) the conditions under which persons charged with offences againstthe law of that State or Territory are held in custody on remand;

(b) the treatment of such persons while so held in custody; and

(c) the transfer of such persons from one prison or other place ofconfinement to another;

apply, so far as they are capable of application, in relation to persons who are heldin custody on remand, in accordance with an order under this section, in theprisons or other places of confinement of the State or Territory.

(9) Nothing in this section prevents the arrest of a person for an offence againstthis Act in accordance with any other law.

Prosecutions

12. (1) Subject to subsection (2), a prosecution for an offence against this Actshall be on indictment.

(2) Where the law of a State or Territory makes provision for a person whopleads guilty to a charge in proceedings for the person's commitment for trial onindictment to be committed to a higher court and dealt with otherwise than on

indictment, a person charged in that State or Territory with an offence against thisAct may be dealt with in accordance with that law.

(3) Proceedings for the commitment of a person for trial on indictment for anoffence against this Act shall not be instituted except with the consent in writing ofthe Attorney-General or a person authorized by the Attorney-General, byinstrument in writing, to give such consents.

(4) Notwithstanding that a consent has not been given in relation to the offence inaccordance with subsection (3):

(a) a person may be charged with an offence against this Act;

(b) a person may be arrested for an offence against this Act, and awarrant for such an arrest may be issued and executed; and

(c) a person so charged may be remanded in custody or on bail;

but no further step in proceedings referred to in subsection (3) shall be taken inrelation to the offence until such a consent has been given.

(5) Nothing in subsection (4) prevents the discharge of the accused if proceedingsare not continued within a reasonable time.

Evidence of matters relating to Convention

13. (1) The Minister for Foreign Affairs may give a written certificate stating:

(a) that the Convention entered into force for a particular country on aparticular day; or

(b) that a particular country has not denounced the Convention; or

(c) that a particular country has denounced the Convention and thedenunciation took effect on a particular day.

(2) Australia may be named in a certificate under subsection (1).

(3) A certificate given under subsection (1) is admissible in any proceedings asprima facie evidence of the matters stated in the certificate.

Certificates by Minister for Foreign Affairs

14. (1) The Minister for Foreign Affairs may give a written certificate statingany matter relevant to the question whether a person is, or was at any time or inrespect of any period, an internationally protected person.


Jurisdiction of courts

15. (1) A provision of the Judiciary Act 1903-1973 by which a court of a Stateis invested with jurisdiction with respect to offences against the laws of theCommonwealth has effect, in relation to offences against this Act, as if thatjurisdiction were so invested without limitation as to locality other than thelimitation imposed by section 80 of the Constitution.

(2) Subject to section 80 of the Constitution, where a person has committed anoffence against this Act outside a Territory and is found in, or brought into, theTerritory, a court of the Territory has the same jurisdiction in respect of theoffence as it would have if the offence had been committed in the Territory.

(3) The trial of an offence against this Act not committed within a State may beheld by a court of competent jurisdiction at any place where the court may sit.

Section 38 of Judiciary Act

16. A matter arising under this Act, including a question of interpretation of theConvention for the purposes of this Act, shall, for the purposes of section 38 of theJudiciary Act 1903-1973, be deemed not to be a matter arising directly under atreaty.

2. CRIMES (FOREIGN INCURSIONS AND RECRUITMENT) ACT19784

An Act relating to Incursions into Foreign States and Recruitment forService in Armed Forces in Foreign States

Short title

1. This Act may be cited as the Crimes (Foreign Incursions and Recruitment)Act 1978.

Commencement

2. This Act shall come into operation on the day on which it receives the RoyalAssent.

4 As amended.

Interpretation

3.(1) In this Act, unless the contrary intention appears: 'armed force' does notinclude an armed force forming part of the Defence Force of Australia;

'Australia' includes the external Territories;

'foreign State' means a place outside Australia that is:

(a) an independent sovereign state; or

(b) an area of land (whether or not it is self-governing) that is not part ofan independent sovereign state;

'government', in relation to a foreign State or a part of a foreign State, means theauthority exercising effective governmental control in that foreign State or thatpart of that foreign State;

'incite' includes urge, aid and encourage and also includes print or publish anywriting that incites, urges, aids or encourages;

'recruit' includes procure, induce and incite.

(2) A reference in this Act to a part of a foreign State shall be read as a referenceto a political subdivision of a foreign State.

Extension ofAct to Territories

4. This Act extends to every Territory.

Act not to apply to acts done for defence ofAustralia

5. Nothing in this Act applies to any act done by a person acting in the course ofthe person's duty to the Commonwealth in relation to the defence of Australia.

Incursions into foreign States for purpose of engaging in hostile activities

6.(1) A person shall not:

(a) enter a foreign State with intent to engage in a hostile activity inthat foreign State; or

(b) engage in a hostile activity in a foreign State.

Penalty: Imprisonment for 14 years

(2) A person shall not be taken to have committed an offence against this sectionunless:

(a) at the time of the doing of the act that is alleged to constitute theoffence, the person:

(i) was an Australian citizen; or

(ii) not being an Australian citizen, was ordinarily resident inAustralia; or

(b) the person was present in Australia at any time during the period ofone year immediately preceding the doing of that act and, at any timewhen the person was so present, his or her presence was for a purposeconnected with that act, or for purposes that included such a purpose.

(3) For the purposes of subsection (1), engaging in a hostile activity in a foreignState consists of doing an act for the purpose of achieving any one or more of thefollowing objectives (whether or not such an objective isachieved):

(a) the overthrow by force or violence of the government of the foreignState or of a part of the foreign State;

(aa) engaging in armed hostilities in the foreign State;

(b) causing by force or violence the public in the foreign State to be infear of suffering death or personal injury;

(c) causing the death of, or bodily injury to, a person who:

(i) is the head of state of the foreign State; or

(ii) holds, or performs any of the duties of, a public office ofthe foreign State or of a part of the foreign State; or

(d) unlawfully destroying or damaging any real or personal propertybelonging to the government of the foreign State or of a part of theforeign State.

(4) Nothing in this section applies to an act done by a person in the course of, andas part of, the person's service in any capacity in or with:

(a) the armed forces of the government of a foreign State; or

(b) any other armed force in respect of which a declaration by theMinister under subsection 9 (2) is in force.

Preparations for incursions into foreign States for purpose of engaging in hostileactivities

7. (1) A person shall not, whether within or outside Australia:

(a) do any act preparatory to the commission of an offence againstsection 6, whether by that person or by another person;

(b) accumulate, stockpile or otherwise keep arms, explosives,munitions, poisons or weapons for the purpose of the commission of anoffence against section 6, whether by that person or by another person;

(c) train or drill or participate in training or drilling, or be present at ameeting or assembly of persons with intent to train or drill or toparticipate in training or drilling, any other person in the use of arms orexplosives, or the practice of military exercises, movements orevolutions, for the purpose of preparing that other person to commit anoffence against section 6;

(d) allow himself or herself to be trained or drilled, or be present at ameeting or assembly of persons with intent to allow himself or herself tobe trained or drilled, in the use of arms or explosives, or the practice ofmilitary exercises, movements or evolutions, for the purpose of thecommission of an offence against section 6;

(e) give money or goods to, or perform services for, any other personor any body or association of persons for the purpose of supporting orpromoting the commission of an offence against section 6;

(f) receive or solicit money or goods, or the performance of services,for the purpose of supporting or promoting the commission of an offenceagainst section 6;

(g) being the owner, lessee, occupier, agent or superintendent of anybuilding, room, premises or place, knowingly permit a meeting orassembly of persons to be held in the building, room, premises or placefor the purpose of committing, or supporting or promoting thecommission of, an offence against paragraph (a), (b), (c), (d), (e) or (f);or

(h) being the owner, charterer, lessee, operator, agent or master of avessel or the owner, charterer, lessee, operator or pilot in charge of anaircraft, knowingly permit the vessel or aircraft to be used for thepurpose of committing, or supporting or promoting the commission of,an offence against paragraph (a), (b), (c), (d), (e) or (f).

(lA) A reference in subsection (1) to the commission of an offence againstsection 6 is a reference to the doing of an act that would constitute, or would butfor subsection 6 (2) constitute, an offence against section 6.

(IB) A person shall not be taken to have committed an offence against thissection merely because of doing an act by way of, or for the purposes of, theprovision of aid of a humanitarian nature.

(2) A person shall not be taken to have committed an offence against this section

in respect of the doing of an act outside Australia unless:

(a) at the time of the doing of that act, the person:

(i) was an Australian citizen; or

(ii) not being an Australian citizen, was ordinarily resident inAustralia; or

(b) the person was present in Australia at any time during the period ofone year immediately preceding the doing of that act and, at any timewhen the person was so present, his or her presence was for a purposeconnected with that act, or for purposes that included such a purpose.


Recruiting persons to join organizations engaged in hostile activities againstforeign governments

8. A person shall not, in Australia, recruit another person to become a memberof, or to serve in any capacity with, a body or association of persons the objectivesof which are or include any of the objectives referred to in subsection 6 (3).


Recruiting persons to serve in or with an armed force in aforeign State

9.(1) A person shall not, in Australia:

(a) recruit another person to serve in any capacity in or with an armedforce in a foreign State, whether the armed force forms part of the armedforces of the government of that foreign State or otherwise;

(b) publish an advertisement for the purpose of recruiting persons toserve in any capacity in or with such an armed force;

(c) publish an advertisement containing any information:

(i) relating to the place at which, or the manner in which,persons may make applications to serve, or obtaininformation relating to service, in any capacity in or with

such an armed force; or

(ii) relating to the manner in which persons may travel to aforeign State for the purpose of serving in any capacity inor with such an armed force; or

(d) do any other act or thing for the purpose of facilitating or promotingthe recruitment of persons to serve in any capacity in or with such anarmed force.

Penalty:

(a) if the person is a natural person-$20,000 or imprisonment for 7years, or both; or

(b) if the person is a body corporate-$ 100,000.

(2) If the Minister has, by instrument signed by the Minister and published in theGazette, declared that it is in the interests of the defence or international relationsof Australia to permit the recruitment in Australia, either generally or in particularcircumstances or subject to specified conditions, of persons to serve in or with aspecified armed force, or to serve in or with a specified armed force in a particularcapacity, subsection (1) does not apply, or does not apply in those circumstancesor where those conditions are complied with, as the case may be, to or in relationto recruitment to serve, or the publication of an advertisement containinginformation with respect to service, in or with that armed force, or in or with thatarmed force in that capacity, as the case may be.

(3) If a person recruits another person to enter into a commitment or engagementto serve in any capacity in or with an armed force, the first-mentioned person shallbe taken, for the purposes of this section, to recruit that other person to serve in orwith that armed force whether or not the commitment or engagement is legallyenforceable and whether or not it constitutes a legal or formal enlistment in thatforce.

(4) The provisions of section 48 (except paragraphs (1) (a) and (b) and subsection(2)) and of sections 48A, 48B and 49 of the Acts Interpretation Act 1901 apply, byforce of this section, to a declaration made under subsection (2) of this section inlike manner as those provisions apply to regulations.

(5) For the purposes of this section, the publication of an item of news shall bedeemed to constitute the publication of an advertisement if the publication wasprocured by the payment of, or by a promise to pay, money or by the provision of,or by a promise to provide, any other consideration.

Mode of trial

9A.(1) Subject to subsection (2), a prosecution for an offence against this Actshall be on indictment.

(2) Where the law of a State or Territory makes provision for a person whopleads guilty to a charge in proceedings for the person's commitment for trial onindictment to be committed to a higher court and dealt with otherwise than onindictment, a person charged in that State or Territory with an offence against thisAct may be dealt with in accordance with that law.

(3) A reference in this section to an offence against this Act includes a referenceto an offence against:

(a) section 6 or 7 of the CrimesAct 1914; or

(b) subsection 86 (1) of that Act by virtue of paragraph (a) of thatsubsection;

that relates to an offence against this Act.

Consent ofAttorney-General required for prosecutions

10. (1) Proceedings for the commitment of a person for trial on indictment foran offence against this Act, or for the summary trial of a person for an offenceagainst this Act, shall not be instituted except with the consent in writing of theAttorney-General.

(2) Notwithstanding that a consent has not been given in relation to the offence inaccordance with subsection (1):


(b) a person may be arrested for an offence against this Act, and awarrant for such an arrest may be issued and executed; and


but no further step in proceedings referred to in subsection (1) shall be taken inrelation to the offence until such a consent has been given.

(3) Nothing in subsection (2) prevents the discharge of the accused if proceedingsare not continued within a reasonable time.


(a) section 6, 7 or 7A of the Crimes Act 1914; or

17

(b) subsection 86 (1) of that Act by virtue of paragraph (a) of thatsubsection;

that relates to an offence against this Act.

Certificates of Ministers

11. (1) In a proceeding against a person for an offence against this Act inrelation to a foreign State, a certificate by a Minister, stating that a place or an areaspecified in the certificate is or is in, or on a specified day or during a specifiedperiod was or was in, an independent sovereign state is conclusive evidence of thematters stated in the certificate.

(2) In a proceeding against a person for an offence against this Act, a certificateby a Minister stating that, if the person had done an act specified in the certificate,being an act alleged to constitute the offence, the person would not have beenacting in the course of the person's duty to the Commonwealth in relation to thedefence of Australia is prima facie evidence of the matters stated in the certificate.

(3) In a proceeding against a person for an offence against this Act in relation tothe government of a foreign State or a part of a foreign State, a certificate by aMinister stating that an authority described in the certificate is, or on a specifiedday or during a specified period was, in effective governmental control in aspecified foreign State, or in a specified part of a foreign State, is prima facieevidence of the matters stated in the certificate.


(a) section 6, 7 or 7A of the Crimes Act 1914; or

(b) subsection 86 (1) of that Act by virtue of paragraph (a) of thatsubsection; that relates to an offence against this Act.

3. NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 19875

DIVISION 2-OFFENCES RELATING TO THE PHYSICAL PROTECTIONCONVENTION

Interpretation

32. In this Division, "nuclear material" has the same meaning as in the PhysicalProtection Convention.

5Act No. 8 of 1987 as amended. The full text of the Act is available for consultation from theCodification Division, Office of Legal Affairs.

Stealing nuclear material

33. A person shall not:

(a) steal;

(b) fraudulently misappropriate;

(c) fraudulently convert to that person's own use; or

(d) obtain by false pretences;

any nuclear material.

Penalty: $20,000 or imprisonment for 10 years, or both.

Demanding nuclear material by threats

34. A person shall not demand that another person give nuclear material to thefirst-mentioned person or some other person by force or threat of force or by anyform of intimidation.


Use of nuclear material causing injury to persons or damage to property

35. A person shall not use nuclear material to cause:

(a) serious injury to any person; or

(b) substantial damage to property.


Threat to use nuclear material


(a) threaten;

(b) state that it is his or her intention; or

(c) make a statement from which it could reasonably be inferred that itis his or her intention;

to use nuclear material to cause:

(d) the death of, or injury to, any person; or(e) damage to property.


Threat to commit offence


(a) threaten;

(b) state that it is his or her intention; or

(c) make a statement from which it could reasonably be inferred that itis his or her intention;

to do any act that would be a contravention of section 33 in order to compel aperson (including an international organisation or the Government of Australia orof a foreign country) to do or refrain from doing any act or thing.


Extension of application of offence provisions

38. (1) Subject to subsection (2), this Division extends to an act or thing doneoutside Australia.

(2) Proceedings against a person for an offence against a provision of thisDivision in respect of an act or thing done outside Australia (other than an act orthing to which subsection (3) applies) shall not be commenced unless:

(a) the person is present in Australia;

(b) the act or thing was done in the territory of a foreign country thatwas, at the time when the act or thing was done, a State Party to thePhysical Protection Convention;

(c) Australia was, at the time when the act or thing was done, a StateParty to the Physical Protection Convention;

(d) the peison has not been prosecuted (whether in Australia or in aforeign country) in respect of the doing of the act or thing; and

(e) Australia has not extradited the person to a foreign country inrespect of the doing of the act or thing.

(3) This subsection applies to an act or thing done outside Australia if the act orthing is done:

(a) on an Australian ship or Australian aircraft;

(b) in the course of international nuclear transport of nuclear materialin a case where Australia is the State where the shipment originates orthe State of ultimate destination; or

(c) by an Australian citizen.

(4) Subsection (1) shall not be read as derogating from the effect of the Crimes atSea Act 1979.

(5) In subsection (3), international nuclear transport, State where the shipmentoriginates and State of ultimate destination have the same respective meanings asthey have in the Physical Protection Convention.

4. CRIMES (HOSTAGES) ACT 19896

An Act to give effect to the International Convention Against the Takingof Hostages, and for related purposes

Short title

1. This Act may be cited as the Crimes (Hostages) Act 1989.

Commencement

2. This Act commences on a day to be fixed by Proclamation.

Interpretation


"Australia" includes:

(a) the external Territories; and

(b) the Australian coastal sea;

6 As amended. The Schedule to the Act reproducing the International Convention Against

the Taking of Hostages has not been reproduced here. The full text of the Act is available for

consultation from the Codification Division, Office of Legal Affairs.

21


(a) an aircraft registered in accordance with the Civil Aviation

Regulations as an Australian aircraft;

(b) an aircraft that is owned by, or is in the possession or control of, the

Commonwealth or an authority of the Commonwealth; or

(c) an aircraft of any part of the Defence Force (including an aircraftthat is being commanded or piloted by a member of that Force in thecourse of the member's duties as such a member);

"Australian coastal sea" means:

(a) the territorial sea of Australia; and

(b) the sea on the landward side of the territorial sea of Australia;

"Australian ship" means:

(a) a ship registered in Australia;

(b) an unregistered ship that has Australian nationality; or

(c) a ship that belongs to an arm of the Defence Force;

"Convention" means the International Convention Against the Taking of Hostagesthat was opened for signature at New York on 18 December 1979, a copy of theEnglish text of which is set out in the Schedule;

"offence against this Act" means:

(a) an offence against subsection 8 (1); or

(b) an offence against:

(i) section 7 of the Crimes Act 1914; or

(ii) subsection 86 (1) of that Act by virtue of paragraph (a) ofthat subsection;

being an offence that relates to an offence referred to in paragraph (a) of thisdefinition;

"part of Australia" means a State or Territory.

(2) Except so far as the contrary intention appears, an expression that is used bothin this Act and in the Convention (whether or not a particular meaning is given to

22

it by the Convention) has, in this Act, the same meaning as it has in theConvention.

(3) For the purposes of sections 6 and 7A of the Crimes Act 1914, an offenceagainst subsection 8 (1) of this Act shall be taken not to be an offence against alaw of the Commonwealth.

Act extends to external Territories

4. This Act extends to all external Territories.

Application

5. This Act extends, except so far as the contrary intention appears:

(a) to acts, matters and things outside Australia, whether or not in orover a foreign country; and



6. (1) This Act is not intended to exclude or limit the operation of any other lawof the Commonwealth or any law of a State or Territory.

(2) Where a person has been convicted in a country outside Australia of anoffence against the law of that country in respect of any conduct, that person is notliable to be convicted of an offence against this Act in respect of that conduct.

Meaning of hostage-taking

7. For the purposes of this Act, a person commits an act of hostage-taking if theperson:

(a) seizes or detains another person (in this section called "thehostage"); and

(b) threatens to kill, to injure, or to continue to detain, the hostage; inorder to compel:

(c) a legislative, executive or judicial institution in Australia or in aforeign country;

(d) an international intergovernmental organisation; or

(e) any other person (whether an individual or a body corporate) orgroup of persons;

to do, or abstain from doing, any act as an explicit or implicit condition for the

release of the hostage.

When hostage-taking an offence

8. (1) A person who, at any time after the Convention enters into force for

Australia, commits an act of hostage-taking is guilty of an offence against this

subsection.

(2) The punishment for an offence against subsection (1) is imprisonment for life

or for any lesser term.

(3) Subject to section 9, a person shall not be charged with an offence against thisAct unless:

(a) the act alleged to constitute the offence was committed:

(i) in Australia; or

(ii) on an Australian ship or an Australian aircraft, whether inor outside Australia; or

(b) where the act alleged to constitute the offence was committedoutside Australia (otherwise than on an Australian ship or an Australianaircraft):

(i) the person was, at the time the act was committed, anAustralian citizen;

(ii) the person is present in Australia; or

(iii) the act was committed in order to compel a legislative,executive or judicial institution in Australia to do, orabstain from doing, any act.

Person not to be charged in certain circumstances

9. (1) A person shall not be charged in relation to an act alleged to constitute anoffence against this Act if, under article 12 of the Convention, the Conventionwould not apply in relation to that act.

(2) Subject to subsection (3), a person shall not be charged with an offenceagainst this Act if:

(a) the act alleged to constitute the offence was committed in aparticular State;

(b) the person was, at the time the act was committed, a citizen of thatState;

(c) the person is in that State; and

(d) the person seized or detained as a hostage was, at the time of thatseizure or detention, a citizen of that State.

(3) Subsection (2) does not apply where the person referred to in paragraph (2)(c) is in the State where the act alleged to constitute the offence was committed byreason of being extradited to that State in relation to that act.

(4) In this section, "State" means:

(a) Australia; or

(b) a foreign country.

Prosecutions

10. (1) Proceedings for the commitment of a person for trial on indictment foran offence against this Act shall not be instituted except with the consent in writingof the Attorney-General.

(2) Notwithstanding that a consent in accordance with subsection (1) has notbeen given in relation to an offence against this Act:


(b) a person may be arrested for such an offence, and a warrant for suchan arrest may be issued and executed; and


but no further step in proceedings referred to in subsection (1) shall be taken untilsuch a consent has been given.

(3) Nothing in subsection (2) prevents the discharge of the accused if proceedings

are not continued within a reasonable time.

Venue where offence committed on aircraft

11. Where, in the trial on indictment in a court of a State or Territory of anoffence against this Act committed on an aircraft in flight, an act constituting inwhole or in part the offence charged is proved, it shall be presumed, unless theevidence shows the contrary, that that act did not take place in another part ofAustralia, being a State.

Change of venue

12. (1) Where, at any time after the presentation in a court of a State or Territoryof an indictment for an offence against this Act committed on an aircraft in flightand before the jury has returned its verdict:

(a) the defendant objects to the trial on the ground that the offence, ifcommitted, was committed in another part of Australia, being a State;and

(b) the court is satisfied that the offence, if committed, was committedin that other part of Australia;

the court shall forthwith order that the proceedings on the indictment bediscontinued and, if the jury has been empaneUed, that the jury be discharged, andthat the defendant appear before that court or another court of the first-mentionedState or Territory at a specified time, not later than 28 days after the day on whichthe order is made, to be dealt with in accordance with this section.

(2) Where a court makes an order under subsection (1), the court may also:

(a) order that the defendant be kept in such custody as is specified inthe order; or

(b) admit the defendant to bail, on such recognizances as the courtthinks fit.

(3) If, before the time at which the defendant is to appear before a court pursuantto an order under subsection (1), the Attorney-General or the Director of PublicProsecutions notifies that court that he or she does not intend to file an indictmentagainst the defendant in a court of another part of Australia, the first-mentionedcourt shall, as soon as practicable after being so notified, make an order:

(a) discharging the defendant from the obligation to appear before thatcourt at that time; and

(b) directing:

(i) if the defendant is held in custody - that he or she bereleased; or

(ii) if he or she has been admitted to bail - that therecognizances upon which he or she was admitted to bailbe discharged.

(4) If, at or before the time at which the defendant is to appear before a courtpursuant to an order under subsection (1), the Attorney-General or the Director ofPublic Prosecutions notifies that court that he or she has filed an indictment against

the defendant in a court of another part of Australia, the first-mentioned courtshall:

(a) if the defendant is in custody - forthwith; or

(b) in any other case - as soon as practicable after the time at which thedefendant is to appear before that court;

make an order directing that the defendant be taken, as soon as practicable, in thecustody of such person as it directs, to the part of Australia in which the indictmentwas filed and there be delivered to the custody of a person having authority toarrest the defendant, and may make such further orders as it thinks necessary forfacilitating the carrying into effect of the first-mentioned order.

(5) If:

(a) at the time at which the defendant is to appear before a courtpursuant to an order under subsection (1), neither the Attorney-Generalnor the Director of Public Prosecutions has notified that court that he orshe does not intend to file an indictment against the defendant in a courtin another part of Australia;

(b) neither the Attorney-General nor the Director of PublicProsecutions notifies the first-mentioned court before or at that time thathe or she has filed such an indictment; and

(c) the defendant is in custody;

the first-mentioned court shall, at that time, make an order directing that thedefendant be released.

(6) Where an order has been made under subsection (1) in relation to anindictment, the proceedings on that indictment do not, and that order does not,

prevent or prejudice any other indictment, or any information, against the

defendant, whether on the same charge or on any other charge.

(7) The jurisdiction of a court under subsection (3), (4) or (5) may be exercised

by the court constituted by a single judge or Magistrate.

Evidence of certain matters

13. (1) The Minister for Foreign Affairs may give a written certificate statingthat:

(a) the Convention entered into force for Australia on a particular day;

and

(b) as at the date of the certificate, the Convention remains in force forAustralia.


Section 38 of Judiciary Act

14. A matter arising under this Act, including a question of interpretation of theConvention for the purposes of this Act, shall, for the purposes of section 38 of theJudiciary Act 1903, be deemed not to be a matter arising directly under a treaty.

Assistance under article 6 of Convention

15. A person, other than an Australian citizen, who is in custody in respect of anoffence that is alleged to have been committed against this Act is entitled to theassistance referred to in paragraph 3 of article 6 of theConvention.

5. CRIMES (AVIATION) ACT 19917

An Act relating to crimes and certain other acts committed on or inrespect of certain aircraft, aerodromes, airports and air navigation facilities, and forrelated purposes

PART I-INTRODUCTORY

Division 1-Short title and commencement

Short title

1. This Act may be cited as the Crimes (Aviation) Act 1991.

Commencement

2. (1) Subject to subsection (2), this Act commences on a day to be fixed byProclamation.

7 Act No. 139 of 1991 as amended. Schedule 1 reproducing the Convention on theSuppression of Unlawful Seizure of Aircraft; Schedule 2 reproducing the Convention for theSuppression of Unlawful Acts Against the Safety of Civil Aviation; Schedule 3 reproducingthe Protocol for the Suppression of Unlawful Acts of Violence at Airports ServingInternational Civil Aviation, Supplementary to the Convention for the Suppression ofUnlawful Acts against the Safety of Civil Aviation; Schedule 4 reproducing the Conventionon Offences and Certain Acts Committed on Board Aircraft; and Schedule 5 containingconsequential amendments of other acts have not been reproduced. The full text of the Act isavailable for consultation from the Codification Division, Office of Legal Affairs.

28

(2) If this Act does not commence under subsection (1) within the period of 6months beginning on the day on which it receives the Royal Assent, it commenceson the first day after the end of that period.

Division 2-Definitions and interpretation

Definitions


"Australia" includes the external Territories.


(a) an aircraft registered, or required to be registered, under the CivilAviation Regulations as an Australian aircraft; or

(b) a Commonwealth aircraft; or

(c) a defence aircraft.

"authorised person" means:

(a) in sections 30 and 33-any of the following persons:

(i) a protective service officer within the meaning of theAustralian Protective Service Act 1987;

(ii) a member of the Australian Federal Police or an officer ofthe police force (however described) of a State orTerritory;

(iii) the manager of any Commonwealth aerodrome orprescribed airport;

(iv) a person who is an authorised officer for the purposes ofsection 89 of the Migration Act 1958; or

(b) in section 32-a member of the Australian Federal Police, or an

officer of the police force (however described) of a State or Territory,

being a member or officer of or above the rank of sergeanI: or

(c) in section 37-an SES employee or acting SES employee in theAttorney-General's Department who is appointed in writing by theMinister to be an authorised person for the purposes of that section; or

(d) in section 49-a person engaged under the Public Service Act 1999who is appointed in writing by the Minister administering the AirNavigation Act 1920 to be an authorised person for the purposes of thatsection;

and includes, in relation to any of those provisions, a person who is, under section54, taken to be an authorised person for the purposes of that provision.

"Civil Aviation Regulations" means regulations made under the Civil Aviation Act1988, and includes any of those regulations as in force under the law of a State.

"commencing day" means the day on which this Act commences.

"Commonwealth aerodrome" means:

(a) an area of land or water in Australia that is owned by theCommonwealth and used, or intended for use, either wholly or partly,for, or in connection with, the arrival, departure or other movement ofaircraft; or

(b) a Federal airport;

and includes any building, structure, installation or equipment in that area, or onthe land that forms the Federal airport, that is provided for use in connection withthe operation of that area or land as an aerodrome or Federal airport, as the casemay be.

"Commonwealth aircraft" means an aircraft, other than a defence aircraft, that isowned by, or in the possession or control of, the Commonwealth or aCommonwealth authority.

"Commonwealth air navigation facilities" means buildings, structures, installationsor equipment, anywhere in Australia, that are provided by the Commonwealth, or aCommonwealth authority, for use in connection with aircraft navigation, but doesnot include any building, structure, installation or equipment forming part of aCommonwealth aerodrome.

"Convention offence" means an offence against a provision of Division 1 or 4 ofPart 2.

"dangerous goods" means:

(a) firearms, ammunition, weapons and explosive substances; or

(b) any substance or thing that, because of its nature or condition, mayendanger the safety of an aircraft or of people on board an aircraft.

"defence aircraft" means an aircraft of any part of the Defence Force, and includesan aircraft that is being commanded or piloted by a member of that Force in the

course of his or her duties as such a member.

"Division 2 aircraft" means:

(a) an aircraft (including a foreign aircraft) that is:

(i) engaged in a prescribed flight; or

(ii) outside Australia while engaged in a flight that started inAustralia; or

(iii) engaged in a flight between a part of Australia and a placeoutside Australia; or

(b) an Australian aircraft (other than a Commonwealth aircraft or a

defence aircraft) that is engaged in a flight wholly outside Australia; or

(c) a Commonwealth aircraft or a defence aircraft that is engaged inany flight, including a flight wholly outside Australia.

"Division 3 aircraft" means:

(a) an Australian aircraft (other than a Commonwealth aircraft or a

defence aircraft) that is mainly used for the purpose of any of the

following flights, or is engaged, or is intended or likely to be engaged, in

such a flight:

(i) a prescribed flight;

(ii) a flight between a part of Australia and a place outsideAustralia;

(iii) a flight wholly outside Australia; or

(b) a Commonwealth aircraft; or

(c) a defence aircraft; or

(d) a foreign aircraft that is in Australia; or

(e) a foreign aircraft that is outside Australia while engaged in a flightthat started in Australia or that was, when the flight started, intended toend in Australia.

"Federal airport" has the same meaning as in the Federal Airports Corporation Act1986.

"foreign aircraft" means an aircraft other than an Australian aircraft, includingsuch an aircraft owned or operated by the government of a foreign country.

"Hague Convention" means the Convention for the Suppression of UnlawfulSeizure of Aircraft, ratified by Australia on 9 September 1972, and whose Englishtext is set out in Schedule 1.

"hijacking" has the meaning given in section 9.

"in flight", in relation to an aircraft, has, for the purposes of section 10 andDivision 4 of Part 2, the same meaning as in the Montreal Convention.

(Note: see Article 2 of the Montreal Convention)

"in service", in relation to an aircraft, has, for the purposes of section 10 andDivision 4 of Part 2, the same meaning as in the Montreal Convention.

(Note: see Article 2 of the Montreal Convention)

"landing" includes alighting on water.

"magistrate" means:

(a) a magistrate of a Territory other than the Australian CapitalTerritory, the Northern Territory or Norfolk Island; or

(b) a magistrate of a State, the Australian Capital Territory, theNorthern Territory or Norfolk Island to whom an arrangement in forceunder section 51 applies.

"member of the crew", in relation to an aircraft, means a person having duties orfunctions on board the aircraft.

"Montreal Convention" means the Convention for the Suppression of UnlawfulActs against the Safety of Civil Aviation, ratified by Australia on 12 July 1973,and whose English text is set out in Schedule 2.

"part of Australia" means a State or Territory.

"prescribed aircraft" means:

(a) an Australian aircraft, whether it is in Australia or not; or

(b) any other aircraft that is in Australia or engaged in a prescribedflight; or

(c) a visiting government aircraft.

"prescribed flight" means a flight of an aircraft:

(a) in the course of trade and commerce with other countries oramong the States; or

(b) within a Territory, between 2 Territories or between a State and aTerritory.

"Protocol" means the Protocol for the Suppression of Unlawful Acts of Violence atAirports Serving International Civil Aviation, Supplementary to the Conventionfor the Suppression of Unlawful Acts against the Safety of Civil Aviation, beingthe Protocol to which Australia acceded on 23 October 1990, and whose Englishtext is set out in Schedule 3.

"remand" includes further remand.

"repealed Acts" means the Acts repealed by section 53.

"threaten" has the meaning given in section 4.

"Tokyo Convention" means the Convention on Offences and certain other Actscommitted on board Aircraft, to which Australia acceded on 22 June 1970, andwhose English text is set out in Schedule 4.

"unlawful act", in Division 4 of Part 2, means an act described in section 10.

"visiting government aircraft" means an aircraft that:

(a) is owned or operated by the government of a foreign country, or apart of such a country; and

(b) is in Australia, or is engaged in a flight that started outside Australiaand ends, or is intended to end, in Australia.

Meaning of "threaten"

4. For the purposes of this Act, a person is taken to threaten to do an act if theperson makes any statement or does anything else indicating, or from which itcould reasonably be inferred, that it is his or her intention to do that act.

Aircraft flights: when do they start?

5. For the purposes of this Act, a flight of an aircraft is taken to start:

(a) when the last external door is closed in preparation for the firstmovement of the aircraft for the purpose of taking off on the flight; or

(b) if the aircraft moves, before all the external doors are closed, forthe purpose of taking off on the flight-when it first so moves.

Aircraft flights: when do they end?

6. (1) Subject to this section, a flight of an aircraft is, for the purposes of this Act,taken to end when the first external door is opened after the aircraft comes to reston the next landing it makes after starting the flight.

(2) Where an aircraft makes a forced landing, its flight is, for the purposes of thisAct, taken to end when the competent authorities take over responsibility for theaircraft and for the persons and property on board.

(3) If, after an aircraft starts a flight:

(a) the aircraft is destroyed before the flight is taken to have ended undersubsection (1) or (2); or

(b) the flight is abandoned;

the flight is, for the purposes of this Act, taken to end when the aircraft isdestroyed, or the flight is abandoned, as the case requires.

Aircraft flights between 2 parts ofAustralia

7. For the purposes of this Act, a flight of an aircraft is taken to be a flightbetween 2 parts of Australia if the flight starts in one of those parts and ends, or is,when the flight starts, intended to end, in the other part.

Aircraft flights within a Territory

8. For the purposes of this Act, a flight of an aircraft is taken to be a flightwithin a Territory if the flight starts in the Territory and ends, or is, when the flight

starts, intended to end, in the Territory, whether or not the aircraft goes, or will ormay go, outside the Territory during the flight.

What is hijacking?

9. For the purposes of Division 1 of Part 2, a person hijacks an aircraft if, whileon board the aircraft, the person:

(a) unlawfully seizes, or exercises control of, the aircraft by force orthreat of force, or by any other form of intimidation; or

(b) attempts to do an act mentioned in paragraph (a); or

(c) is an accomplice of a person who does, or attempts to do, any suchact.

What is an unlawful act?

10. (1) For the purposes of Division 4 of Part 2, a person commits an unlawfulact if he or she:

(a) does any of the following things without lawful excuse:

(i) commits an act of violence against anyone on board anaircraft in flight, being an act likely to endanger the safetyof the aircraft;

(ii) destroys an aircraft in service, or causes damage to suchan aircraft which renders it incapable of flight or which islikely to endanger its safety in flight;

(iii) attempts to do an act mentioned in subparagraph (i) or(ii); or

(b) is an accomplice of anyone who does an act mentioned in paragraph(a).

(2) For the purposes of Division 4 of Part 2, a person commits an unlawful act ifhe or she:

(a) does any of the following things without lawful excuse:

(i) places, or causes to be placed, on an aircraft in service asubstance or thing that is likely to destroy the aircraft;

35

(ii) places, or causes to be placed, on an aircraft in service asubstance or thing that is likely to cause damage to theaircraft which renders it incapable of flight or which islikely to endanger its safety in flight;

(iii) destroys or damages any navigation facilities or interfereswith their operation, being destruction, damage orinterference that is likely to endanger the safety of anaircraft in flight;

(iv) communicates information which he or she knows to befalse, thereby endangering the safety of an aircraft inflight;

(v) attempts to do an act mentioned in subparagraph (i), (ii),(iii) or (iv); or

(b) is an accomplice of anyone who does an act mentioned in paragraph(a).

Division 3-Extension of Act to external Territories etc.

Extension of Act to external Territories

11. This Act extends to the external Territories.

Extra-territorial operation

12. This Act, and the provisions of the Tokyo Convention given the force of lawby this Act, extend, unless the contrary intention appears:

(a) to acts, omissions, matters and things outside Australia, whether ornot in or over a foreign country; and


PART 2-OFFENCES

Division 1-Hijacking and other acts of violence on board aircraft

Hijacking an offence

13. (1) A person who hijacks an aircraft is guilty of an indictable offence if anyof the following applies when the hijacking is committed:

(a) the aircraft is in flight, within the meaning of the HagueConvention, and the Hague Convention requires Australia to make thehijacking punishable;

(b) the aircraft is engaged in a prescribed flight;

(c) the aircraft is a Commonwealth aircraft;

(d) the aircraft is a visiting government aircraft.

(2) A person who hijacks an aircraft is guilty of an indictable offence if:

(a) the hijacking is committed outside Australia; and

(b) the person who commits the hijacking is an Australian citizen; and

(c) the aircraft would, if the Hague Convention applied, be consideredto be in flight.

(3) An offence against subsection (1) or (2) is punishable on conviction byimprisonment for life.

(4) A person cannot be tried for an offence against subsection (1) merelybecause paragraph (1)(a) applies, unless Article 4 of the Hague Conventionrequires Australia to establish its jurisdiction over the offence.

Other acts of violence

14. (1) Where:

(a) a person on board an aircraft commits an act of violence against allor any of the passengers or crew; and

(b) the act would, if committed in the Jervis Bay Territory, be an

offence against a law in force in that Territory (other than this Act);

the person is guilty of an offence if any of the following applies when the act iscommitted:

(c) Article 4 of the Hague Convention requires Australia to establish its

jurisdiction over the act;

(d) the aircraft is engaged in a prescribed flight;

37

(e) the aircraft is a Commonwealth aircraft;

(f) the aircraft is a visiting government aircraft;

(g) the aircraft is outside Australia but the person who does the act is anAustralian citizen.

(2) The punishment for an offence against subsection (1) is the same as that forthe offence mentioned in paragraph (l)(b).

(3) This section extends to an act of violence that was committed, or may havebeen committed, in the Jervis Bay Territory.

Division 2--Other offences on board aircraft engaged in certain flights

Certain offences committed on aircraft

15. (1) Where:

(a) a person on board a Division 2 aircraft does or omits to doanything; and

(b) the act or omission, if it had taken place in, or in a public place in,

the Jervis Bay Territory, would be an offence against:

(i) a law of the Commonwealth in force in that Territory; or

(ii) the Crimes Act 1900 of the Australian Capital Territory inits application to the Jervis Bay Territory;

the person is guilty of an offence.

(2) The punishment for an offence against subsection (1) is the same as that forthe offence mentioned in paragraph (1)(b).

(3) This section extends to an act or omission that took place, or may have takenplace, in the Jervis Bay Territory.

Division 3-Offences affecting aircraft and the safe operation of aircraft

Taking control of aircraft

16. (1) A person who, without lawful excuse, takes or exercises control(whether directly or through an accomplice) of a Division 3 aircraft is guilty of anoffence punishable on conviction by imprisonment for 7 years.

(2) A person who, without lawful excuse, takes or exercises control (whetherdirectly or through an accomplice) of a Division 3 aircraft and who does so whileanyone else, other than an accomplice of the person, is on board the aircraft, isguilty of an offence punishable on conviction by imprisonment for 14 years.

(3) A person who, without lawful excuse, takes or exercises control (whetherdirectly or through an accomplice) of a Division 3 aircraft and who does so:

(a) by force or threat of force, or by any trick or false pretence; and

(b) while anyone else, other than an accomplice of the person, is onboard the aircraft;

is guilty of an offence punishable on conviction by imprisonment for 20 years.

Destruction of aircraft

17. A person must not, without lawful excuse, wilfully destroy a Division 3aircraft.

Penalty: Imprisonment for 14 years.

Destruction of aircraft with intent to kill

18. A person who destroys a Division 3 aircraft with the intention of causinganyone's death, or with reckless indifference to the safety of anyone's life, is

guilty of an indictable offence punishable on conviction by imprisonment for life.

Prejudicing safe operation of aircraft

19. A person must not do anything capable of prejudicing the safe operation of a

Division 3 aircraft with the intention of prejudicing the safe operation of theaircraft.


Prejudicing safe operation of aircraft with intent to kill etc.

20. A person who does anything capable of prejudicing the safe operation of aDivision 3 aircraft:

(a) with the intention of prejudicing the safe operation of the aircraft;and

(b) with the intention of causing anyone's death, or with recklessindifference to the safety of anyone's life;

is guilty of an indictable offence punishable on conviction by imprisonment forlife.

Assaulting crew

21. A person must not, while on board a Division 3 aircraft, assault, threaten withviolence, or otherwise intimidate, a member of the crew of the aircraft so as to:

(a) interfere with the member's performance of functions or dutiesconnected with the operation of the aircraft; or

(b) lessen the member's ability to perform those functions or duties.


Endangering safety of aircraft

22. A person must not, while on board a Division 3 aircraft, do anything that, tothe person's knowledge, is likely to endanger the safety of the aircraft.


Dangerous goods

23. (1) A person must not:

(a) carry or place dangerous goods on board a Division 3 aircraft; or

(b) deliver dangerous goods to anyone else for the purpose of placingthe goods on board such an aircraft; or

(c) have dangerous goods in his or her possession on board such anaircraft.

Penalty:

(a) in the case of an individual-imprisonment for 7 years; and

(b) in the case of a body corporate-$100,000.

(2) Subsection (1) does not apply to:

(a) anything done with the consent of the owner or operator of theaircraft given with knowledge of the nature of the goods concerned; or

(b) the carrying or placing of dangerous goods, on board an aircraftwith permission granted under the Air Navigation Act 1920 orregulations made under that Act, the Civil Aviation Act 1988 orregulations made under that Act; or

(c) in the case of a Commonwealth aircraft (other than one being usedfor commercial transport operations)-the carrying or placing ofdangerous goods on board the aircraft by:

(i) a person appointed or engaged under the Public ServiceAct 1999, in the performance of his or her duties; or

(ii) an officer of, or a person employed by, an authority of theCommonwealth in the performance of his or her duties; or

(iii) a person acting in accordance with the instructions ofsuch an officer or person given in the performance of h sor her duties; or

(d) in the case of a defence aircraft-the carrying or placing of

dangerous goods on board the aircraft by:

(i) a member of the Defence Force in the performance of hisor her duties; or

(ii) a person acting in accordance with the instructions ofsuch a member given in the performance of the member'sduties.

Threats and false statements

24. (1) A person must not threaten to destroy, damage or endanger the safety ofa Division 3 aircraft, or to kill or injure anyone on board such an aircraft.


(2) A person must not make a statement or communicate information, being astatement or information that he or she knows to be false, to the effect, or fromwhich it can reasonably be inferred, that there has been, is or is to be, a plan,proposal, attempt, conspiracy or threat:

(a) to take or exercise control, by force, of a Division 3 aircraft; or

(b) to destroy, damage or endanger the safety of such an aircraft; or

(c) to kill or injure anyone on board such an aircraft.

Penalty: Imprisonment for 2 years.Division "4-ffences relating to the safety of civil aviation and acts of violence atcertain airports

Endangering the safety of aircraft in flight

25. (1) A person who commits an unlawful act of the kind mentioned insubsection 10(1) is guilty of an offence if any of the following applies:

(a) the Montreal Convention requires Australia to make the actpunishable;

(b) the aircraft concerned is:

(i) an aircraft in service in the course of, or in connectionwith, a prescribed flight; or

(ii) a Commonwealth aircraft; or

(iii) a defence aircraft; or

(iv) a visiting government aircraft;

(c) the person is an Australian citizen who commits the act outsideAustralia.


(2) A person who commits an unlawful act of the kind mentioned in subsection10(2) is guilty of an offence if any of the following applies:

(a) the Montreal Convention requires Australia to make the actpunishable;

(b) except where paragraph (c) applies, the aircraft concerned is:

(i) an aircraft in service in the course of, or in connectionwith, a prescribed flight; or

(ii) a Commonwealth aircraft; or

(iii) a defence aircraft; or

(iv) a visiting government aircraft;

(c) in the case of an act relating to air navigation facilities-thefacilities are used in connection with:

(i) prescribed flights; or

(ii) flights of Commonwealth aircraft; or

(iii) flights of defence aircraft; or

(iv) flights of visiting government aircraft;

(d) the person is an Australian citizen who commits the act outsideAustralia.


(3) A person cannot be tried for an offence against subsection (1) or (2) merely

because paragraph (1)(a) or (2)(a), as the case may be, applies unless Article 5 of

the Montreal Convention requires Australia to establish its jurisdiction over the

offence.

Acts of violence at certain airports

26. (1) A person who:

(a) without lawful excuse, uses a substance or thing to commit an act ofviolence against anyone at a prescribed airport, being an act that:

(i) causes or is likely to cause serious injury or death; and

(ii) endangers, or is likely to endanger the safe operation ofthe airport or the safety of anyone at the airport; or

(b) attempts to do anything covered by paragraph (a); or

(c) is an accomplice of anyone who does or attempts to do any suchthing;

is guilty of an offence if the Montreal Convention, when read together with theProtocol, requires Australia to make the act punishable and Article 5 of thatConvention, when so read, requires Australia to establish its jurisdiction over theoffence.


(2) A person who:

(a) without lawful excuse does any of the following things:

(i) destroys or seriously damages the facilities of aprescribed airport;

(ii) destroys or seriously damages any aircraft not in servicethat is at a prescribed airport;

(iii) disrupts the services of a prescribed airport;

and by doing so endangers, or is likely to endanger, the safe operation ofthe airport or the safety of anyone at the airport; or

(b) attempts to do an act mentioned in paragraph (a); or

(c) is an accomplice of anyone who does or attempts to do such an act;

is guilty of an offence if either of the following applies:

(d) the Montreal Convention, when read together with the Protocol,requires Australia to make the act concerned punishable;

44

(e) if the act concerned relates to an aircraft-the aircraft is inAustralia, or is a Commonwealth aircraft or a defence aircraft, or the actis committed by an Australian citizen, whether in Australia or not.


(3) A person cannot be tried for an offence against subsection (2) merely becauseparagraph (2)(d) applies, unless Article 5 of the Montreal Convention, when readtogether with the Protocol, requires Australia to establish its jurisdiction over theoffence.

Division 5-Offences relating to Commonwealth aerodromes and air navigationfacilities

Endangering safety of aerodromes etc.

27. A person must not do anything that he or she knows is likely to endanger thesafety of:

(a) a Commonwealth aerodrome, or any part of a Commonwealthaerodrome, or any Commonwealth air navigation facilities; or

(b) anyone who is, or may be, within the limits of a Commonwealthaerodrome or any Commonwealth air navigation facilities.


Threats and false statements

28. (1) A person must not threaten to:

(a) destroy, damage or endanger the safety of a Commonwealthaerodrome, or any part of a Commonwealth aerodrome, or anyCommonwealth air navigation facilities; or

(b) kill or injure anyone who is, or may be, within the limits of aCommonwealth aerodrome or any Commonwealth air navigationfacilities.

(2) A person must not make a statement or communicate information, being astatement or information that he or she knows to be false, to the effect, or fromwhich it can reasonably be inferred, that there has been, is, or will be, a plan,proposal, attempt, conspiracy or threat:

(a) to take or exercise control, by force, of a Commonwealthaerodrome, or part of a Commonwealth aerodrome, or anyCommonwealth air navigation facilities; or

(b) to destroy, damage or endanger the safety of a Commonwealthaerodrome, or part of a Commonwealth aerodrome, or anyCommonwealth air navigation facilities; or

(c) to kill or injure anyone who is, or may be, within the limits of aCommonwealth aerodrome or any Commonwealth air navigationfacilities.


PART 3-PROVISIONS GIVING EFFECT TO THE TOKYO CONVENTION

Certain provisions of Tokyo Convention to have force of law

29. (1) The following provisions of the Tokyo Convention have the force oflaw:

(a) the provisions of Chapter III;

(b) the provisions of paragraph 1 of Article 16;

(c) the provisions of Chapter I, to the extent that they affect theapplication or interpretation of the provisions of Chapter III or paragraph1 of Article 16.

(2) For the purposes of a provision of the Tokyo Convention mentioned insubsection (1), an aircraft that is the subject of a notice given before, on or after thecommencing day under Article 18 of the Convention is taken to be registered inthe State designated in the notice.

(3) For the purposes of section 38 of the Judiciary Act 1903, a matter arisingunder a provision of the Tokyo Convention mentioned in subsection (1) is takennot to be a matter arising directly under a treaty.

Authorisedperson may accept delivery ofpersons

30. (1) An authorised person may accept delivery of a person delivered underparagraph I of Article 9 of the Tokyo Convention.

(2) An authorised person who accepts delivery of a person must cause the person:

(a) to be brought, as soon as practicable, before a magistrate to be dealtwith under this Act; and

(b) to be held in custody until the person can be so brought before amagistrate.

Application of Migration Act etc.

31. (1) Where a person has been:

(a) disembarked in Australia under paragraph I of Article 8 of theTokyo Convention; or

(b) delivered to a person in Australia under paragraph I of Article 9 ofthat Convention; or

(c) taken into custody in Australia under subsection 33(1) of this Act orsubsection 8(2) of the Civil Aviation (Offenders on InternationalAircraft) Act 1970 in respect of an act mentioned in paragraph 1 ofArticle 11 of that Convention;

and Australia is entitled, under that Convention, to exercise, in relation to theperson, the powers of a State of landing under paragraph 1 of Article 14, theperson may be deported under the Migration Act 1958 or the Immigration Act1980 of Norfolk Island, as the case may be.

(2) Nobody is liable to be prosecuted for an offence under the Migration Act1958, or under the Immigration Act 1980 of Norfolk Island, that is committedsolely as a result of anyone having been:

(a) disembarked in Australia under paragraph 1 of Article 8 of theTokyo Convention; or

(b) delivered to a person in Australia under paragraph I of Article 9 ofthat Convention; or

(c) taken into custody in Australia under subsection 33(1) of this Act or

subsection 8(2) of the Civil Aviation (Offenders on InternationalAircraft) Act 1970 in respect of an act mentioned in paragraph I of

Article 11 of that Convention.

(3) This section extends to anything done before the commencing day.

PART 4-RESTORING CONTROL OF AIRCRAFT AND DEALING WITHOFFENDERS

Restoring control of aircraft

32. (1) Where Australia is required, under a Convention provision, to take allappropriate measures to restore control of an aircraft to its lawful commander, orto preserve the lawful commander's control of the aircraft, an authorised personmay take such action, and in particular may use such force and assistance, as isreasonably necessary to ensure compliance with the requirement.


"Convention provision" means:

(a) paragraph 1 of Article 1 of the Tokyo Convention; or

(b) paragraph 1 of Article 9 of the Hague Convention.

Taking offenders into custody

33. (1) Where an authorised person reasonably suspects that a person hascommitted a prohibited act, the authorised person may cause the person to be takeninto custody.

(2) An authorised person who causes a person to be taken into custody mustcause the person:

(a) to be brought, as soon as practicable, before a magistrate to be dealtwith under this Act; and

(b) to be held in custody until the person can be so brought before amagistrate.

(3) This section does not prevent the arrest of a person under any other law for anoffence against this Act.


"'prohibited act" means:

(a) a Convention offence; or

(b) an act resulting in Article 6 of the Hague Convention applying inrespect of the relevant person; or

(c) an act resulting in Article 6 of the Montreal Convention applying inrespect of the relevant person; or

(d) an act mentioned in paragraph 1 of Article 11 of the Tokyo

Convention (other than an act covered by paragraph (a), (b) or (c)), or anattempt to do such an act.

Arrest of offenders

34. (1) The person in command of a prescribed aircraft may, with suchassistance as is reasonably necessary, arrest, without warrant, anyone whom he orshe finds committing, or reasonably suspects has committed, an offence against aprovision of Part 2 on board the aircraft.

(2) Where a person is arrested under subsection (1), the person in command ofthe prescribed aircraft concerned, or anyone authorised by the person in command,may hold the arrested person in custody until he or she can be taken into othercustody under section 33 or brought before a magistrate to be dealt with inaccordance with law.

(3) This section does not prevent the arrest of a person under any other law for anoffence against this Act.

Restraining persons from committing offences

35. The person in command of a prescribed aircraft may, with such assistance asis necessary:

(a) keep anyone who is on board the aircraft under restraint or incustody until the next landing of the aircraft; and

(b) remove anyone from the aircraft at any place where the aircraft ison land;

if the person in command thinks it necessary to do so to prevent an offence againstthis Act being committed on board the aircraft.

Arrest ofpersons who escape from custody

36. If a person in custody under section 30, 33 or 34 in a State or Territoryescapes from that custody, the person may be:

(a) arrested in the same way as anyone who escapes from lawful

custody may be arrested under the law of that State or Territory; and

(b) returned to the custody from which he or she escaped.

Preliminary inquiries

37. (1) Where:

(a) a person is taken into custody under section 30, 33 or 34, or isarrested on a charge of a Convention offence; and

(b) the Minister or an authorised person thinks that an inquiry underthis section is appropriate;

the Minister or authorised person may, by written notice, authorise a magistrate to

hold an inquiry into the facts relating to the alleged offence.

(2) Upon receipt of a notice, the magistrate must hold an inquiry accordingly.

(3) The magistrate of a State or Territory who holds an inquiry must take theevidence of each witness who gives evidence in the inquiry in the same way as ifthe witness were giving evidence on a charge against someone for an indictableoffence against the law in force in that State or Territory.

(4) The evidence of a witness may be taken in the presence or absence of theperson taken into custody or charged with the offence.

(5) The evidence of a witness must not be taken in the absence of the persontaken into custody or charged with the offence unless the magistrate is satisfiedthat:

(a) there is good reason why the person cannot be present, or shouldnot be permitted to be present; or

(b) the person has refused to be present.

(6) The magistrate must:

(a) cause a written record to be made of evidence taken under thissection; and

(b) certify at the end of the record that the evidence was taken by themagistrate, indicating whether, and to what extent, the evidence was sotaken in the presence or absence of the person taken into custody orcharged; and

(c) cause the certified record to be sent to the Attorney-General.

Proceedings before magistrate on warrant for arrest

38. Where:

(a) a person is brought or appears before a magistrate under this Act;and

(b) a warrant for the arrest of the person for the purposes of criminal orextradition proceedings in relation to an offence under this Act isproduced to the magistrate;

the magistrate must make such order as is appropriate for the execution of thewarrant.

Proceedings before magistrate where warrant not produced

39. (1) Where:

(a) a person is brought or appears before a magistrate under this Act;and

(b) a warrant of the kind described in paragraph 38(b) for the arrest of

the person is not produced to the magistrate;

the magistrate must:

(c) if satisfied that more time is reasonably required for decidingwhether criminal or extradition proceedings should be started against theperson-remand the person, either in custody or on bail, for a period notlonger than 7 days; or

(d) if not so satisfied--order that the person be released from custody.

(2) A person remanded for a period under subsection (1) must be brought beforea magistrate at the end of that period.

(3) If a person remanded on bail under subsection (1) does not appear before amagistrate in accordance with the person's recognizance, a magistrate may issue awarrant for the arrest of the person and for bringing the person before a magistrate.

Release ofperson remanded in custody

40. If a person remanded in custody under section 39 is still held in that custodyon the day 2 months after the date of the first of the orders under section 39 underwhich the person has been held, the person must be released.

PART 5-MISCELLANEOUS

Evidence: record of evidence taken at preliminary inquiries

41. (1) A document certified by the Attorney-General to be a record of evidencesent to the Attorney-General under section 37 is admissible in evidence in any ofthe following:

(a) proceedings under section 38 or 39;

(b) proceedings in respect of an offence against this Act;

(c) proceedings under the Extradition Act 1988;

and, when so admitted, the evidence recorded in it is evidence in the proceedings.

(2) The magistrate or court hearing proceedings in respect of an offence againstthis Act must not admit in evidence a document mentioned in subsection (1), orany part of it, unless the magistrate or court thinks that, in all the circumstances, itwould be unjust not to do so.

Evidence: entry into force of Conventions

42. All courts must take judicial notice that:

(a) the Hague Convention entered into force on 14 October 1971 underparagraph 3 of Article 13 of the Convention; and

(b) the Montreal Convention entered into force on 28 January 1973under paragraph 3 of Article 15 of the Convention; and

(c) the Protocol entered into force on 6 August 1989 under paragraph 1of Article VI of the Protocol; and

(d) the Tokyo Convention entered into force on 4 December 1969under paragraph I of Article 21 of the Convention.

Evidence of matters relating to Conventions

43. (1) The Minister for Foreign Affairs may give a written certificate stating:

(a) that a particular Convention entered into force for a particularcountry on a particular day; or

(b) that a particular country has not denounced a particular Convention;or

(c) that a particular country has denounced a particular Convention andthe denunciation took effect on a particular day.

(2) Australia may be named in a certificate under subsection (1).

(3) A certificate given under subsection (1) is admissible in any proceedings asprimafacie evidence of the matters stated in the certificate.


Convention means the Hague Convention, the Montreal Convention, the TokyoConvention or the Protocol.

Evidence relating to notices to ICAO

44. (1) The Minister administering the Air Navigation Act 1920 may give awritten certificate stating matters about a notice given to the International CivilAviation Organisation, and communicated to Australia, under:

(a) Article 5 of the Hague Convention; or

(b) Article 9 of the Montreal Convention.

(2) A certificate given under subsection (1) is admissible in any proceedings asprimafacie evidence of the matters stated in the certificate.

Offences under subsections 14(1) and 15(1): are they indictable?

45. The question whether an offence against subsection 14(1) or 15(1) must or

may be prosecuted or dealt with on indictment or summarily must be decided

under the law that would apply to a prosecution in the Jervis Bay Territory if the

act or omission alleged to constitute the offence had occurred in that Territory.

Alternative verdicts

46. (1) A person charged before a court, other than a prescribed court, with an

offence against subsection 14(1) or 15(1) may be found guilty of any other offence

against that subsection of which the person could have been found guilty if:

(a) the act or omission alleged to constitute the first-mentioned offencehad occurred in the Jervis Bay Territory; and

(b) the person had been charged with the first-mentioned offence

before a prescribed court.


prescribed court means a court of the Australian Capital Territory exercisingjurisdiction in or in relation to the Jervis Bay Territory.

Venue

47. (1) If:

(a) a person is being tried in a State or Territory court for an offenceagainst this Act committed on an aircraft in flight; and

(b) the act constituting the offence, or any part of the offence, isproved;

it must be presumed, in the absence of evidence to the contrary, that the act tookplace in that State or Territory.

(2) If the information, complaint or indictment relating to an offence against thisAct committed on an aircraft in flight specifies the flight in which the aircraft wasengaged, it need not also specify the part of Australia, or other place, where theoffence was committed.

Change of venue

48. (1) Where, after an indictment for an offence against this Act committed onan aircraft in flight is presented in a State or Territory court, and before a verdict isgiven:

(a) the defendant objects to the trial on the ground that the offence, ifcommitted, was committed in another part of Australia; and

(b) the court is satisfied that the offence, if committed, was committedin that other part of Australia;

the court must immediately make the following orders:

(c) that the proceedings on the indictment be discontinued;

(d) if a jury is empanelled-that the jury be discharged;

(e) that the defendant appear before a specified court of thefirst-mentioned State or Territory at a specified time to be dealt with inaccordance with this section.

(2) The court must not specify a time, for the purposes of paragraph (l)(e), that islater than 28 days after the day on which the order is made.

(3) Where a court makes an order under subsection (1), it may also:

(a) order that the defendant be kept in the custody specified in theorder; or

(b) admit the defendant to bail on such recognizances as it thinks fit.

(4) If, before the time when the defendant is to appear before a court, theAttorney-General or the Director of Public Prosecutions notifies that court that anindictment will not be filed against the defendant in a court of another part ofAustralia, the notified court must, as soon as practicable after it is notified, makean order:

(a) discharging the defendant from the obligation to appear before thatcourt at that time; and

(b) if the defendant is in custody-directing that the defendant bereleased; and

(c) if the defendant has been admitted to bail-directing that therelevant recognizances be discharged.

(5) If, at or before the time when the defendant is to appear before a court, theAttorney-General or the Director of Public Prosecutions notifies that court that anindictment has been filed against the defendant in a court of another part ofAustralia, the notified court must make an order directing:

(a) that the defendant be taken, as soon as practicable and in thecustody of such person as it directs, to the part of Australia where theindictment was filed; and

(b) that the defendant there be delivered to the custody of a person whohas authority to arrest the defendant;

and may make such other orders as it thinks necessary for carrying out that order.

(6) An order under subsection (5) must be made:

(a) if the defendant is in custody-immediately after the court isnotified under that subsection; and

(b) in any other case-as soon as practicable after the time when thedefendant is required to appear before the court.

(7) If:

(a) the court before which the defendant is to appear is not notified bythe Attorney-General or the Director of Public Prosecutions undersubsection (4) or (5); and

(b) the defendant is held in custody;

the court must, at the time when the defendant is required to appear before it, makean order directing that the defendant be released.

(8) Where an order has been made under paragraph (1)(c) in relation to anindictment, the proceedings on the indictment, and the order, do not prevent orprejudice any other indictment or any information against the defendant on thesame charge or any other charge.

(9) The jurisdiction of a court under subsections (1) and (3) may be exercised bythe court constituted by a single judge.

(10) The jurisdiction of a court under subsection (4), (5) or (7) may be exercisedby the court constituted by a single judge or magistrate.

Search powers

49. (1) If, in relation to a Division 2 aircraft or a Division 3 aircraft, the personin command of the aircraft, or an authorised person, reasonably suspects that anoffence against Division 2 or 3 of Part 2 has been, is being or may be committedon board, or in relation to, the aircraft, he or she may, with such assistance as isreasonably necessary, search or cause to be searched:

(a) the aircraft and any person, luggage or freight on board; and

(b) in the case of a Division 3 aircraft that is not engaged in a flight-any person who is about to board the aircraft and any luggage or freightthat is about to be placed on board.

(2) If an authorised person reasonably suspects that an offence against Division 5of Part 2 has been, is being or may be committed in respect of a Commonwealth

aerodrome, or Commonwealth air navigation facilities, he or she may, with suchassistance as is reasonably necessary, search or cause to be searched:

(a) any person, luggage, freight or vehicle found within the limits, or inthe vicinity, of the aerodrome or facilities; or

(b) any area in the vicinity of the aerodrome or facilities.

(3) A person may only be searched under this section by someone who is of thesame sex.

Operation of other laws

50. (1) Subject to this section, this Act does not exclude or limit the operation of

any other law of the Commonwealth, or of a State or Territory.

(2) If:

(a) a person's act or omission is both an offence against this Act and anoffence against another Act or against a law of a State or Territory; and

(b) the person is convicted of either of those offences;

the person cannot also be convicted of the other offence.

(3) If a person has been convicted of an offence in respect of an act or omission

under the law of a foreign country, the person cannot also be convicted of an

offence against this Act in respect of that act or omission.

Arrangements about magistrates

51, (1) The Governor-General may:

(a) arrange with the Governor of a State for the performance of the

functions of a magistrate under this Act by all or any of the persons who

from time to time hold office as magistrates of that State; or

(b) arrange with the Administrator of the Northern Territory or of

Norfolk Island for the performance of the functions of a magistrate under

this Act by all or any of the persons who from time to time hold office as

magistrates of the Northern Territory or of Norfolk Island, as the case

may be.

(2) The Minister may arrange with the Chief Minister for the Australian Capital

Territory for the performance of the functions of a magistrate under this Act by all

or any of the persons who from time to time hold office as magistrates of thatTerritory.

(3) A copy of each arrangement under this section must be published in theGazette.

Regulations

52. (1) The Governor-General may make regulations, not inconsistent with thisAct, prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient for carrying out or giving effect to this Actor to the Hague Convention, the Montreal Convention, the TokyoConvention or the Protocol;

and, in particular, may make regulations:

(c) about the summoning of witnesses, the production of documents,the taking of evidence on oath or affirmation and the payment ofwitnesses' expenses in proceedings before magistrates under this Act;and

(d) about any other matter of practice or procedure in connection withsuch proceedings; and

(e) about the protection and immunity of magistrates, legalpractitioners and witnesses in connection with such proceedings; and

(f) imposing pecuniary penalties of not more than $500, for offencesagainst the regulations; and

(g) making such transitional and savings provisions as are necessary orconvenient as a result of the repeal of all or any of the repealed Acts andthe enactment of this Act.

(2) Despite section 53, regulations made under paragraph (1)(g) may provide forthe continued operation of specified provisions of any of the repealed Acts inrelation to prescribed persons or matters, or in prescribed circumstances.

Repeals

53. The following Acts are repealed:

(a) the Civil Aviation (Offenders on International Aircraft) Act 1970;

(b) the Crimes (Aircraft) Act 1963;

(c) the Crimes (Hijacking of Aircraft) Act 1972;

(d) the Crimes (Protection of Aircraft) Act 1973.

Transitional and savings

54. (1) A person who, immediately before the commencing day, was anauthorised person for the purposes of a provision of the Civil Aviation (Offenderson International Aircraft) Act 1970, the Crimes (Hijacking of Aircraft) Act 1972 orthe Crimes (Protection of Aircraft) Act 1973, is, on and after that day, taken to bean authorised person for the purposes of the corresponding provision of this Actunless and until the Minister, by written instrument, determines otherwise.

(2) A person who, immediately before the commencing day, was an authorisedperson for the purposes of section 26 of the Crimes (Aircraft) Act 1963 is, on andafter that day, taken to be appointed to be an authorised person for the purposes ofsection 49 of this Act.

(3) A notice published in the Gazette under section 19 of the Civil Aviation(Offenders on International Aircraft) Act 1970, section 25 of the Crimes(Hjacking of Aircraft) Act 1972, or section 22 of the Crimes (Protection ofAircraft) Act 1973, and in force immediately before the commencing day,continues to have effect on and after that day as if it were a notice published in theGazette under section 43 of this Act.

(4) Subject to section 31 and the regulations, where, before the commencing day,a person had been arrested, taken into custody or remanded in custody, or wasbeing held in custody, under a provision of the Civil Aviation (Offenders onInternational Aircraft) Act 1970, the Crimes (iftjacking of Aircraft) Act 1972 orthe Crimes (Protection of Aircraft) Act 1973, that Act continues to apply inrelation to the person on and after that day as if it had not been repealed.

6. CRIMES (SHIPS AND FIXED PLATFORMS) ACT 19928

An Act to make provision in relation to certain crimes against the safetyof ships and of fixed platforms

' Act No. 173 of 1992. Schedule 1 reproducing the Convention for the Suppression ofUnlawful Acts Against the Safety of Maritime Navigation and Schedule 2 reproducing theProtocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Locatedon the Continental Shelf are not reproduced here. The full text of the Act is available fromthe Codification Division, Office of Legal Affairs.

59

PART 1 -PRELIMINARY

Short title

I. This Act may be cited as the Crimes (Ships and Fixed Platforms) Act 1992.

Commencement

2. (1) Parts I and 4 commence on the day on which this Act receives the RoyalAssent.

(2) Part 2 commences on a day to be fixed by Proclamation, being a day not earlierthan the day on which the Convention enters into force for Australia.

(3) Part 3 commences on a day to be fixed by Proclamation, being a day notearlier than the day on which the Protocol enters into force for Australia.

Interpretation


"Australian ship" has the same meaning as in the Shipping Registration Act 1981;

"Convention" means the Convention for the Suppression of Unlawful Acts Againstthe Safety of Maritime Navigation, done at Rome on 10 March 1988, a copy of theEnglish text of which is set out in Schedule 1;

"Convention State" means a State Party to the Convention, but does not includeAustralia;

"fixed platform" means an artificial island, installation or structure permanentlyattached to the sea-bed for the purpose of exploration for, or exploitation of,resources or for other economic purposes;

"foreign country" means a place outside Australia that is:

(a) an independent sovereign state; or

(b) an area of land (whether or not it is self-governing) that is not partof an independent sovereign state;

"international voyage" means a voyage that passes, or is scheduled to pass:

(a) through seas beyond the territorial sea of any state; or

(b) through the territorial seas of more than one state;

"private ship" means a ship that is not a warship or other ship operated for naval,military, customs or law enforcement purposes by Australia or by a foreign state;

"Protocol" means the Protocol for the Suppression of Unlawful Acts against theSafety of Fixed Platforms Located on the Continental Shelf, done at Rome on 10March 1988, a copy of the English text of which is set out in Schedule 2;

"Protocol State" means a State Party to the Protocol, but does not includeAustralia;

"ship" means a vessel of any type not permanently attached to the sea-bed, andincludes any dynamically supported craft, submersible, or any other floating craft,other than a vessel that has been withdrawn from navigation or is laid up.

(2) Unless the contrary intention appears, an expression used in this Act has thesame meaning as in the Convention or Protocol, whether or not an expressmeaning is given to it by the Convention or Protocol and whether or not theConvention or the Protocol has entered into force.

Act extends to external Territories

4. This Act extends to all external Territories.

Extraterritorial application

5. This Act extends, unless the contrary intention appears:

(a) to acts, matters and things outside Australia; and

(b) to all persons, whatever their nationality or citizenship.


6. (1) Subject to subsection (2), this Act does not exclude or limit the operationof any other law of the Commonwealth or any law of a State or Territory.

(2) Sections 5 and 7 of the Crimes Act 1914 do not apply in relation to offencesagainst sections 17 and 28.

Convictions under foreign laws

7. If a person has been convicted in a foreign country of an offence against thelaw of that country in respect of any conduct, the person is not liable to beconvicted of an offence against this Act in respect of that conduct.

PART 2-PROVISIONS RELATING TO THE CONVENTION

Division 1 -Offences in relation to ships

Seizing a ship

8. A person must not, without lawful excuse, take possession of, or take orexercise control over, a private ship by the threat or use of force or by any otherkind of intimidation.

Penalty: Life imprisonment.

Acts of violence

9. A person must not perform an act of violence against a person on board aprivate ship knowing that the act is likely to endanger the safe navigation of theship.

Penalty: 15 years imprisonment.

Destroying or damaging a ship

10. (1) A person must not, without lawful excuse, destroy a private ship.


(2) A person must not cause damage to a private ship or its cargo knowing that itis likely to endanger the safe navigation of the ship.


Placing destructive devices on a ship

11. (1) A person must not, without lawful excuse, place or cause to be placed ona private ship, by any means, a device or substance that is likely to destroy theship.

(2) A person must not place or cause to be placed on a private ship, by anymeans, a device or substance that is likely to cause damage to the ship or its cargoknowing that it is likely to endanger the safe navigation of the ship.


Destroying or damaging navigational facilities

12. A person must not destroy or seriously damage maritime navigationalfacilities or seriously interfere with their operation if that act is likely to endangerthe safe navigation of a private ship.


Giving false information

13. A person must not knowingly endanger the safe navigation of a private shipby communicating false information.


Causing death

14. A person who kills a person in connection with the commission or attemptedcommission of an offence against any of sections 8 to 13 is guilty of an offence.


Causing grievous bodily harm

15. A person who causes grievous bodily harm to a person in connection with thecommission or attempted commission of an offence against any of sections 8 to 13is guilty of an offence.


Causing injury to a person

16. A person who injures a person in connection with the commission orattempted commission of an offence against any of sections 8 to 13 is guilty of anoffence.


Threatening to endanger a ship

17. (1) A person must not threaten to do an act that would constitute an offenceagainst section 9, 10 or 12 with intent to compel an individual, a body corporate ora body politic to do or refrain from doing an act, if that threat is likely to endangerthe safe navigation of the ship concerned.


(2) For the purposes of this section, a person is taken to threaten to do an act ifthe person makes any statement or does anything else indicating, or from which itcould reasonably be inferred, that it is his or her intention to do that act.

Commencement ofproceedings

18. (1) Proceedings must not be commenced against a person for an offenceagainst this Division unless, when the alleged offence was committed:

(a) the ship concerned was:

(i) on, or scheduled to engage in, an international voyage; or

(ii) in the territorial sea or internal waters of a foreigncountry; and

(b) the alleged offence had an Australian element or a ConventionState element.

(2) Paragraph (1)(a) does not apply if the person is in Australia only because heor she was extradited to Australia in relation to the acts that constituted theoffence.

(3) For the purposes of this section, an offence against this Division had anAustralian element if:

(a) the ship concerned was an Australian ship; or

(b) the alleged offender was a national of Australia.

(4) For the purposes of this section, an offence against this Division had aConvention State element if one of the following circumstances applied:

(a) the ship concerned was a ship flying the flag of a Convention State;

(b) the ship concerned was in the territorial sea or internal waters of aConvention State;

(c) the alleged offender was a national of a Convention State;

(d) the alleged offender was stateless and was habitually resident in aConvention State that had extended its jurisdiction under Article 6(2)(a)of the Convention;

(e) during the commission of the alleged offence, a national of aConvention State was seized, threatened, injured or killed and theConvention State had extended its jurisdiction under Article 6(2)(b) ofthe Convention;

(f) the alleged offence was committed in an attempt to compel aConvention State to do or abstain from doing any act and the Convention

64

State had extended its jurisdiction under Article 6(2)(c) of theConvention.


"offence against this Division" includes an offence arising under section 5 of theCrimes Act 1914 (aiders and abettors) or section 7 of that Act (attempts) in relationto an offence against any of sections 8 to 16.

Division 2-Powers of ship's master

Arrest of offenders etc.

19. (1) A ship's master may arrest and hold in custody any person whom he orshe has reasonable grounds to believe has committed an offence against Division1.

(2) A ship's master may hold an alleged offender in custody only until he or shecan deliver the alleged offender to:

(a) the appropriate authorities of any Convention State; or

(b) another appropriate authority.

Ship's master may deliver alleged offenders to Convention State

20. (1) A ship's master may deliver to the appropriate authorities of anyConvention State any person whom he or she has reasonable grounds to believehas committed an offence against Division 1.

(2) A ship's master who intends to deliver a person under subsection (1) mustnotify the appropriate authorities of the Convention State:

(a) of his or her intention to deliver the person to the authorities; and

(b) of his or her reasons for intending to do so.

(3) A notification under subsection (2) must be given:

(a) if it is reasonably practicable to do so-before the ship concerned hasentered the territorial sea of the Convention State; or

(b) in any other case-as soon as is reasonably practicable.

(4) If a ship's master delivers a person under subsection (1), he or she must:

(a) make to the authorities of the Convention State such oral or writtenstatements relating to the alleged offence as those authorities mayreasonably require; and

(b) deliver to the authorities of the State such other evidence relating tothe alleged offence as is in the master's possession.

(5) A ship's master who fails, without reasonable excuse, to comply withsubsection (3) or (4) is guilty of an offence.

Penalty: $2,000.


"offence against Division 1" includes an offence arising under section 5 of theCrimes Act 1914 (aiders and abettors) or section 7 of that Act (attempts) in relationto an offence against any of sections 8 to 16.

"ship's master" means the master of an Australian ship.

PART 3-PROVISIONS RELATING TO THE PROTOCOL

Seizing control of afixed platform

21. A person must not, without lawful excuse, take possession of, or take orexercise control over, a fixed platform by the threat or use of force or by any otherkind of intimidation.


Acts of violence

22. A person must not perform an act of violence against a person on board afixed platform knowing that the act is likely to endanger the safety of the platform.


Destroying or damaging afixed platform

23. A person must not, without lawful excuse, destroy a fixed platform or causedamage to a fixed platform knowing that it is likely to endanger its safety.


Placing destructive devices on afixedplatform

24. A person must not, without lawful excuse, place or cause to be placed on afixed platform, by any means, a device or substance knowing that it is likely todestroy the fixed platform or endanger its safety.


Causing death

25. A person who kills a person in connection with the commission or attemptedcommission of an offence against any of sections 21 to 24 is guilty of an offence.


Causing grievous bodily harm

26. A person who causes grievous bodily harm in connection with thecommission or attempted commission of an offence against any of sections 21 to24 is guilty of an offence.


Causing injury to a person

27. A person who injures a person in connection with the commission orattempted commission of an offence against any of sections 21 to 24 is guilty of anoffence.


Threatening to endanger afixed platform

28. (1) A person must not threaten to do an act that would constitute an offenceagainst section 22 or 23 with intent to compel an individual, a body corporate or abody politic to do or refrain from doing an act, if that threat is likely to endangerthe safety of a fixed platform.


(2) For the purposes of this section, a person is taken to threaten to do an act ifthe person makes any statement or does anything else indicating, or from which itcould reasonably be inferred, that it is his or her intention to do that act.

Commencement ofproceedings

29. (1) Proceedings must not be commenced against a person for an offenceagainst this Part unless, when the alleged offence was committed:

(a) the platform concerned was beyond the Australian territorial sea;and

(b) the alleged offence had an Australian element or a Protocol Stateelement.

(2) Paragraph (1)(a) does not apply if the person is in Australia only because heor she was extradited to Australia in relation to the acts that constituted theoffence.

(3) For the purposes of this section, an offence against this Part had an Australianelement if:

(a) the fixed platform concerned was on the Australian continentalshelf; or

(b) the alleged offender was a national of Australia.

(4) For the purposes of this section, an offence against this Part had a ProtocolState element if one of the following circumstances applied:

(a) the fixed platform concerned was on the continental shelf of aProtocol State;

(b) the fixed platform concerned was in the territorial sea or internalwaters of a Protocol State;

(c) the alleged offender was a national of a Protocol State;

(d) the alleged offender was stateless and was habitually resident in aProtocol State that had extended its jurisdiction under Article 3(2)(a) ofthe Protocol;

(e) during the commission of the alleged offence, a national of aProtocol State was seized, threatened, injured or killed and the ProtocolState had extended its jurisdiction under Article 3(2)(b) of the Protocol;

(f) the alleged offence was committed in an attempt to compel aProtocol State to do or abstain from doing any act and the Protocol Statehad extended its jurisdiction under Article 3(2)(c) of the Protocol.


"offence against this Part" includes an offence arising under section 5 of theCrimes Act 1914 (aiders and abettors) or section 7 of that Act (attempts) in relationto an offence against any of sections 21 to 27.

68

MISCELLANEOUS

Written consent of Attorney-General required

30. (1) A prosecution for an offence:

(a) against Division I of Part 2 or Part 3; or

(b) arising under section 5 or 7 of the Crimes Act 1914 in relation to an

offence against any of sections 8 to 16 and sections 21 to 27; may not be

begun except with the consent of the Attorney-General or of a personauthorised by the Attorney-General to give consent.

(2) Despite subsection (1):

(a) a person may be arrested for such an offence, and a warrant for suchan arrest may be issued and executed; and

(b) a person may be charged with an offence against this Act; and


but no further step in the proceedings referred to in subsection (1) is tobe taken until the Attorney-General's consent has been given.

(3) Nothing in subsection (2) prevents the discharge of the accused if proceedings

are not continued within a reasonable time.

No prosecution except on indictment

31. Despite section 4J of the Crimes Act 1914, an offence:

(a) against Division 1 of Part 2 or Part 3; or

(b) arising under section 5 or 7 of the Crimes Act 1914 in relation to an

offence against any of sections 8 to 16 and sections 21 to 27; may not betried except on indictment.

Evidence of certain matters

32. A certificate by the Attorney-General, or a person authorised by the Attorney-

General to give such a certificate, stating any of the following:

(a) that a specified State was, at specified times, a Convention or

Protocol State;

(b) the extent to which a specified Convention or Protocol State had, atspecified times, extended its jurisdiction under Article 6(2) of theConvention or Article 3(2) of the Protocol;

(c) that specified waters were, at a specified time:

(i) within the internal waters or territorial sea, or above thecontinental shelf, of Australia or of a specified foreigncountry; or

(ii) beyond the territorial sea of Australia and of any foreigncountry;

is, for the purposes of any proceedings under this Act, evidence of the facts statedin the certificate.

Section 38 of the Judiciary Act

33. A matter arising under this Act, including a question of interpretation of theConvention or Protocol for the purposes of this Act, is, for the purposes of section38 of the Judiciary Act 1903, taken not to be a matter arising directly under atreaty.

HI. AUSTRIA 9

1. SUMMARY OF AUSTRIAN LEGISLATION ON TERRORISM'

Austrian criminal law does not define terrorism and does not provide forspecific provisions relating to terrorism. Terrorist acts are subject to the generalprovisions of the criminal law. Namely the following provisions of theStrafgesetzbuch (Criminal Code) are of relevance for the prosecution of terroristacts:

§ 75 - Murder: Whosoever kills another person is to be punished byimprisonment for 10 to 20 years or for life.

§ 102 Abduction for extortion: Whosoever abducts another personwithout his consent or after having obtained his consent by threat or deceptionwith the aim of coercing a third person to act or refrain from acting is to bepunished by imprisonment for 10 to 20 years (in qualified cases 10 to 20 years orlifetime imprisonment).

' Transmitted to the Secretariat by that Government on 26 July 1999.

'0 Other relevant provisions are found in the Code of Criminal Procedure

(Strafprozessordnung); the Law on Extradition and Mutual Judicial Assistance(Auslieferungs und Rechtshilfegesetz) and the Security Police Law(Sicherheitspolizeigesetz).

§ 173 - Intentional endangering by explosives: Whosoever by usingexplosives causes a danger to life and limb or of a large amount of property ofanother person is to be punished by imprisonment for 1 to 10 years (in qualifiedcases 10 to 20 years or lifetime imprisonment).

§ 185 -Air piracy: Whosoever takes or exerts control over an aircraft byprofiting from the special conditions of air traffic and by using violence or threatagainst a person on board an aircraft or against a person in a position to influencethe route or the security of the aircraft is to be punished by imprisonment for 1 to10 years (in qualified cases 10 to 20 years or lifetime imprisonment).

§ 186 - Intentional endangering of the security of air traffic: Whosoevercreates a danger for an aircraft in flight by using violence or threats against aperson on board an aircraft, by damaging the aircraft or by damaging air trafficinstallations is to be punished by imprisonment for 10 to 20 years (in qualifiedcases 10 to 20 years or lifetime imprisonment).

§§ 249 - 251 - Assaulting supreme representatives of the State:Whosoever undertakes to coerce the federal president, or the federal parliament,the federal government, a state parliament, a state government, the constitutionalcourt, the administrative court, the supreme court or a member of these institutionsor the president or the vice president of the court of auditors by violence or threatto act or refrain from acting is to be punished by imprisonment for 1 to 10 years.

§ 277 - Criminal conspiracy: Whosoever conspires with another personto commit jointly an act of murder, abduction for extortion, intentionalendangering by explosives, air piracy, intentional endangering of the security of airtraffic is to be punished by imprisonment from 6 months to 5 years.

§ 278 - Criminal gang: Whosoever unites with two or more otherpersons with the intention that one or more members of this union commitrepeatedly acts of murder or other serious acts of violence against life and limb,abduction for extortion, intentional endangering by explosives, air piracy,intentional endangering of the security of air traffic [...] or not just minor acts ofdamaging property is to be punished by imprisonment for up to 3 years.

§ 278a - Criminal organization: Whosoever acts as a founder or aparticipating member of an association, which is structured like an enterprise andestablished over a period of time, consists of a large number of persons, aims atlarge-scale enrichment or achieving significant influence over the economy orpolitics through the repeated and premeditated commission of serious crimesagainst life and limb, freedom or property [...] and attempts to intimidate or corruptothers or to protect itself in a specific manner against law enforcement measures isto be punished by imprisonment from 6 months to 5 years.

§ 279 -Armed organization: Whosoever founds without authorization anorganization which is armed or designed to be armed or participates in a leading

position, arms, equips, trains, finances or supports such an organization is to bepunished by imprisonment of up to 3 years.

§ 280 - Amassing of combat equipment. Whosoever acquires, possessesor hands over to another person weapons, ammunitions or other combat equipmentto equip a large number of persons for combat is to be punished by imprisonmentfor up to 3 years.

IV. AZERBAIJAN"

1. LAW OF THE REPUBLIC OF AZERBAIJAN ON COMBATINGTERRORISM

12

This Law defines the legal and organizational bases for combatingterrorism in the Republic of Azerbaijan, coordinates the activities of the Stateagencies that combat terrorism and also lays down the rights and obligations ofthese agencies and of citizens.

CHAPTER I

GENERAL PROVISIONS

Article 1. Basic concepts

The following concepts are used in this Law:

"Terrorism": the commission of acts or the threat to commit acts causing the massdestruction of human beings, the infliction on them of physical injury or otherharm to their health, or the destruction (damage) of property or other seriousconsequences for the purposes of infringing public security, creating panic amongthe population or forcing State government agencies to take decisions that are inthe interests of terrorists;

"Terrorist": a person who participates in the carrying out of terrorist activities inany form;

"Terrorist group": an association of two or more persons whose purpose is tocarry out terrorist activities;

"Terrorist organization": an organization which is established in order to carry outterrorist activities or which regards the use of terrorism in its activities as apossibility. If one of its structural units is engaged in terrorist activities with the

1 Transmitted to the Secretariat by that Government on 16 May 2000.12 Signed by the President of the Republic of Azerbaijan on 18 June 1999.

consent of an administrative body of that organization, the organization is deemeda terrorist organization;

"Combating terrorism": activities linked to the detection and prevention ofterrorist activities or to minimizing the damage that may result from terrorism;

"Anti-terrorism operations": special measures carried out in order to preventterrorist acts, ensure the security of individuals, disarm and neutralize terrorists,and also minimize the damage which may result from terrorist acts;

"Anti-terrorism operation zone": the specific land areas or separate water areas,vehicles, buildings, edifices, dwellings and adjacent land or water areas whereoperations are conducted;

"Terrorist activities": activities linked to the organization, planning, preparationand carrying out of terrorist acts, violence directed against individuals or legalentities in order to create terror by destroying or damaging material objects; thesetting up of illegal armed units or criminal groups in order to carry out terroristacts and also participation in such acts; the recruiting, arming, training and usingof persons to commit terrorist acts; the deliberate financing of terroristorganizations or terrorist groups; or providing them with other assistance;

"International terrorist activities": activities which are carried out by terrorists orterrorist organizations in the territory of several States, or activities linked to acrime which may damage the interests of several States and is carried out by aperson against a citizen of any State in the territory of the State of which he is acitizen or of another State, in cases where the terrorists and the persons subjectedto terrorism are citizens of the same State or different States, outside the territoryof that State.

Article 2. Legislation on combating terrorism

The legislation on combating terrorism consists of the Constitution of theRepublic of Azerbaijan, inter-State treaties to which the Republic of Azerbaijan isa party, this Law and other legislative instruments of the Republic of Azerbaijan.

Article 3. Objective of combating terrorism

Measures to combat terrorism in the Republic of Azerbaijan shall becarried out for the following purposes:

1. Ensuring human rights and freedoms and the security of society andthe State;

2. Detecting and preventing terrorism and minimizing the possible

damage resulting from terrorism;

3. Identifying and eliminating the causes and conditions that give rise toterrorism.

Article 4. Basic principles for combating terrorism

Combating terrorism in the Republic of Azerbaijan shall be based on thefollowing principles:

1. Ensuring legality;

2. The inevitability of the punishment provided for under the legislationof the Republic of Azerbaijan for carrying out terrorist activities;

3. Coordination of overt and covert methods in combating terrorism;

4. Integrated use of legal, political, socio-economic, organizational and

preventive measures;

5. The priority of protecting the rights of persons exposed to danger as aresult of terrorist activities;

6. Autonomy in managing the forces assigned to anti-terrorismoperations;

7. Minimal publicity in identifying personnel participating in anti-terrorism operations, as well as the technical means and tactics used forsuch purposes.

CHAPTER II

ORGANIZATION OF MEASURES TO COMBAT TERRORISM

CONDUCTING ANTI-TERRORISM OPERATIONS

Article 5. Agencies engaged in combating terrorism

The relevant agency of the executive authorities of the Republic ofAzerbaijan shall provide the necessary forces and means to combat terrorism andshall play the leading role in combating terrorism.

Other relevant agencies of the executive authorities of the Republic ofAzerbaijan shall, within the limits of their powers, participate in combatingterrorism in accordance with this Law.

Article 6. Provision of assistance to State agencies engaged in combatingterrorism

State and local self-government bodies, regardless of the form ofownership, organizations, public associations, officials and citizens shall beobliged to assist the State agencies engaged in combating terrorism.

Every person shall be obliged to provide law enforcement agencies withinformation and reports on occurrences which may assist in detecting andpreventing terrorism and minimizing the damage that may result from suchactivities.

Article 7. Leadership of anti-terrorism operations

In order to ensure the direct and unified leadership of anti-terrorismoperations, an operational headquarters for managing anti-terrorism operationsshall be set up (hereinafter referred to as the operational headquarters) and aheadquarters chief shall be appointed through a decision by the relevant agency ofthe executive authorities depending on the nature of the operations, wherenecessary on a temporary basis (for the period in which operations against terroristacts are conducted).

The procedures governing the activities of the operational headquartersshall be established through rules adopted by the relevant agency of the executiveauthorities.

Personnel assigned to anti-terrorism operations - servicemen, employeesand specialists - shall be subordinate to the operational headquarters chief as of thecommencement of such operations.

The operational headquarters chief shall determine the operational zoneand the specific nature of the anti-terrorism operation and shall also take decisionsconcerning the use of the forces and equipment assigned for this purpose.

The operational headquarters chief shall take all other decisions,including decisions restricting the rights of officials and citizens in order to ensure,on a partial and temporary basis, their security in the anti-terrorism operation zone.

Instructions from the operational headquarters chief must be carried outwithout fail by all officials and citizens in the anti-terrorism operation zone.

During anti-terrorism operations, no one may interfere in the actionstaken by the headquarters chief or countermand a decision taken by him, exceptthe head of the relevant agency of the executive authorities who has established theheadquarters.

Article 8. Provision offorces and equipment for anti-terrorism operations

In order to conduct anti-terrorism operations, the operationalheadquarters shall use the necessary forces and equipment at the disposal of therelevant agencies of the executive authorities engaged in combating terrorism.

Article 9. Legal regime for the anti-terrorism operation zone

In the anti-terrorism operation zone, the persons conducting suchoperations shall have the following rights:

1. Where necessary, the right to use measures which temporarilyrestrict or prohibit the movement of vehicles and pedestrians on streetsand roads, to prevent vehicles from entering specific areas and sites, andto prohibit the towing of vehicles;

2. The right to check the identity documents of citizens and officialsand, in the absence of such documents, to detain such persons for threedays in order to establish their identity;

3. The right to detain persons who have committed acts designed toimpede fulfillment of the lawful requests of persons conducting anti-terrorism operations and to transfer them to the relevant agency of theexecutive authorities;

4. If, while detaining persons suspected of committing terrorist acts, inthe course of preventing such acts postponing these actions constitutes areal threat to the lives and health of persons, the right to enter theapartments and other residences of citizens, their land plots, and at thesite, buildings and vehicles of organizations and public associationsregardless of the form of ownership in the manner established under thelegislation of the Republic of Azerbaijan;

5. Upon entering or leaving the anti-terrorism operation zone, the rightto search citizens, with or without the use of technical equipment and inthe manner established under the legislation of the Republic ofAzerbaijan, and to inspect their effects, vehicles and objects located invehicles, except for the vehicles of diplomatic missions or consulates;

6. The right to use, for official purposes, communication equipmentand vehicles belonging to citizens, organizations and public associations,regardless of the form of property ownership, except for thecommunicadon equipment and vehicles of diplomatic missions orconsulates.

The activities of employees of the mass information media in the anti-terrorism operation zone shall be determined by the operative headquarters chief.

Article 10. Conducting negotiations with terrorists

Negotiations may be conducted with terrorists in order to determine thepossibilities for protecting the lives and health of people and material objects andpreventing terrorists acts.

Only persons authorized by the operational headquarters chief may

conduct negotiations with terrorists.

During negotiations with terrorists, the handing over of any person

against his will to terrorists, the carrying out of political demands, or the provisionof weapons and other equipment whose use would create a danger for the lives andhealth of people shall, as a condition for halting terrorist acts, be prohibited.

The conducting of negotiations with terrorists may not be grounds for

absolving them from liability for actions committed, as provided for under the

legislation of the Republic of Azerbaijan.

Article 11. Informing the public about terrorist acts

During anti-terrorism operations, the public shall be informed aboutterrorist acts in the manner and to the extent determined by the operationalheadquarters chief or a representative of the operational headquarters responsiblefor public information.

The following information may not be disseminated:

1. Information on the tactics and technical means used in conductinganti-terrorism operations;

2. Information on intelligence which may create a danger for the livesand health of people in or outside the anti-terrorism operation zone or

impede the conduct of such operations;

3. Information designed to justify or propagandize terrorism;

4. Information on persons participating in anti-terrorism operations or

assisting the conduct of such operations.

Article 12. Completion of anti-terrorism operations

An anti-terrorism operation shall be deemed completed when the

terrorist act has been prevented and the danger threatening the lives and health of

the people in the anti-terrorism operation zone has been eliminated.

The operations headquarters chief shall issue a statement about the

completion of the anti-terrorism operation.

CHAPTER III

COMPENSATION FOR DAMAGE RESULTING FROM TERRORIST ACTS.LEGAL AND SOCIAL PROTECTION OF PERSONS INVOLVED INCOMBATING TERRORISM.

Article 13. Compensation for damage resulting from terrorist acts and the socialrehabilitation of victims

Damage to the property of individuals and legal entities resulting fromterrorist acts shall be fully compensated through funds from the State budget, andsubsequently the sum in question shall be recovered from the guilty parties.

The social rehabilitation of persons who have incurred damage as aresult of terrorist acts shall consist in providing these persons with legal,psychological, medical and professional assistance as well as employment andhousing.

The social rehabilitation of persons who have incurred damage as aresult of terrorist acts as well as those provided for under article 14 of this Lawshall be carried out through funds from the State budget.

The procedure for carrying out the social rehabilitation of persons whohave incurred damage as a result of terrorist acts shall be determined by therelevant agency of the executive authorities of the Republic of Azerbaijan.

Article 14. Legal and social protection ofpersons engaged in combating terrorism

Persons engaged in combating terrorism shall be protected by the State.Legal and social protection measures shall be applied with regard to the followingpersons:

1. Employees of the relevant agency of the executive authority whoare directly involved in combating terrorism;

2. Persons who assist, on a permanent or temporary basis, inpreventing or detecting terrorist activities and in minimizing the damagewhich may result from such activities;

3. The persons referred to in paragraphs 1 and 2 of this article if, whenthey discharge their official duties, their relatives or close relations oftheir relatives incur damage to their health or property.

Damage caused to the health or property of persons engaged incombating terrorism shall be compensated in the manner provided for under thelegislation of the Republic of Azerbaijan.

If a person engaged in combating terrorism is killed (or dies) during anti-terrorism operations, his family and dependents shall receive, through funds fromthe State budget, a one-time assistance grant equivalent to a sum that is 100 timesthe person's average monthly salary, and subsequently this sum shall be recoveredfrom the guilty parties.

If during the anti-terrorism operation, a person engaged in combatingterrorism is disabled, wounded, shell-shocked or injured in such a way as toprevent him from continuing to serve, he shall receive, through funds from theState budget, a one-time assistance grant equivalent to a sum that is 90 times hisaverage monthly salary, and subsequently this sum shall be recovered from theguilty parties.

Article 15. Immunity from liability for damage caused

Damage to the lives, health or property of terrorists during anti-terrorismoperations shall be permitted in the manner provided for under the legislation ofthe Republic of Azerbaijan. Persons engaged in combating terrorism shall notincur liability for such damage caused during anti-terrorism operations.

Article 16. Preferential calculation of years of service

In determining pensions for employees of the relevant agencies of theexecutive authorities who have served in units directly engaged in combatingterrorism, the years of service shall be calculated by making one day of serviceequivalent to two days of service, and the period of participation in anti-terrorismoperations shall be calculated by making one day of service equivalent to threedays of service.

CHAPTER IV

LIABILITY FOR PARTICIPATION IN TERRORIST ACTIVITIES

Article 17. Liability for participation in terrorist activities

Persons who participate in terrorist activities shall incur liability in themanner provided for under legislation of the Republic of Azerbaijan.

In keeping with the interests of ensuring human rights and freedoms,State security and international security, persons who commit terrorist acts orparticipate in the commission of such acts, regardless of the place where those actsare planned or carried out, shall, on the basis of the legislation of the Republic ofAzerbaijan and the inter-State treaties to which the Republic of Azerbaijan is aparty, be criminally prosecuted and punished or may be extradited to a foreignState for criminal prosecution or for serving the sentence imposed.

Article 18. Hearing of cases linked to terrorist activities

In accordance with the legislation of the Republic of Azerbaijan,offences linked to terrorist activities and also cases involving compensation fordamage resulting from terrorist acts may, through a decision by a court (judge), beconsidered in a closed judicial hearing.

Article 19. Liability of organizations for terrorist activities

An organization (its branches or offices) operating in the territory of theRepublic of Azerbaijan may be disbanded for links to terrorist activities through acourt decision in the manner established under the legislation of the Republic ofAzerbaijan.

In disbanding an organization whose links to terrorist activities havebeen established in accordance with the legislation of the Republic of Azerbaijan,property belonging to it shall be confiscated and transferred to State ownership inaccordance with the legislation of the Republic of Azerbaijan.

CHAPTER V

FINAL PROVISIONS

Article 20. Monitoring the legality of measures to combat terrorism

The legality of measures to combat terrorism shall be monitored by theGeneral Prosecutor of the Republic of Azerbaijan and his subordinate prosecutors.

The General Prosecutor of the Republic of Azerbaijan and hissubordinate prosecutors shall file notice in a court instituting proceedings againstan organization for terrorist activities.

Article 21. International cooperation in combating terrorism

The Republic of Azerbaijan shall, on the basis of the inter-State treatiesto which it is a party, cooperate with foreign States and their law enforcementagencies in combating terrorism and also with international organizations engagedin combating terrorism.

Article 22. Liability for violations of this Law

Officials and citizens shall incur liability for violations of this Law in themanner provided for under the legislation of the Republic of Azerbaijan.

V. BELARUS13

1. DECREE NO. 21 OF 21 OCTOBER 1997 OF THE PRESIDENT OF

THE REPUBLIC OF BELARUS ON URGENT MEASURES TO

COMBAT TERRORISM AND OTHER PARTICULARLYDANGEROUS VIOLENT CRIMES

In order to protect the lives, health and property interests of citizens,create conditions for the effective functioning of State power in the Republic, andensure the security of society and the State, in accordance with article 101, section3, of the Constitution of the Republic of Belarus, I hereby decide:

1. To institute a system of urgent measures to combat terrorism and otherparticularly dangerous violent crimes, having determined that:

1.1. Terrorism means the use of violence or the threat ofviolence in order to infringe the security of society, destabilize publicorder, intimidate the population, influence the taking of decisions byState bodies, or prevent political or other public activities;

Terrorism includes: a terrorist act; a terrorist act against a

representative of a foreign State; sabotage; causing an explosion orcommitting arson or any action that infringes the security of society;premeditated murder of a person or of those close to him in connectionwith the carrying out by him of an official activity or the discharge of apublic duty, or murder carried out in a manner that endangers the lives ofmany people; the taking of hostages; a threat to cause an explosion, orcommit arson or other acts infringing public security; a threat or violencedirected against a judge or people's assessor; a threat or violence directedagainst an official, a member of the police, a civilian policeman, aserviceman or other person in connection with the discharge by them oftheir official obligations or public duty; the threat to steal radioactivematerials or use them; the hijacking of an aircraft; or deliberatelyproviding false information on an explosion about to occur, arson orother acts which infringe the security of society;

Other particularly dangerous violent crimes include: theformation of a criminal organization and participation in it; gangsterism;premeditated murder (by contract; accompanied by the kidnapping of theperson or the taking of a hostage, robbery, extortion or gangsterism);kidnapping under aggravating circumstances; robbery under aggravatingcircumstances; the deliberate destruction or damaging of property underaggravating circumstances; extortion of property under aggravating

13 Transmitted to the Secretariat by that Government on 4 March 1998 and 15 June 2000.

81

circumstances; compelling anyone to conclude an agreement or carry outobligations under aggravating circumstances;

(The intervening subparagraphs have ceased to have effect.)

1.7. Those suspected and accused of committing terrorism orother particularly dangerous violent crimes shall, as a preventivemeasure, in general be held in custody;

1.8. Persons about whom there is reliable information thatthey are involved in terrorism or other particularly dangerous violentcrimes, are the leaders of criminal organizations, organized criminalgroups or belong to them, shall be subject to preventive detention on theauthority of the public prosecutor for a period of up to 30 days on thebasis of a reasoned decision by the head of the investigative body or hisdeputy;

(Paragraph 2 is no longer in force.)

3. To recommend that the National Assembly of the Republic of Belarus shouldexpedite consideration of the draft criminal code and draft criminal proceduralcode of the Republic of Belarus and the draft law of the Republic of Belarus on theState security bodies of the Republic of Belarus;

4. The Council of Ministers of the Republic of Belarus shall:

4.1. Within a period of two months:

Draw up and submit to the President of the Republic ofBelarus a draft law of the Republic of Belarus on the State protection ofwitnesses, victims and other persons assisting a criminal legal procedure;a draft State programme to enhance measures to combat crime for theyears 1998-2000, having provided for its financing; and a draft code ofdiscipline for State employees;

4.2. Within a period of one month:

Take measures to improve the system governing the entry andstay in the territory of the Republic of Belarus of foreign citizens andstateless persons from countries and regions where terroristorganizations and groups are actively operating;

Draw up a list of cities and specific areas where there arecomplex situations conducive to crime and which are to be speciallymonitored;

Establish in the Republic a suitable system for storing andtransporting narcotic substances; virulent toxic, poisonous, radioactiveand explosive materials; weapons and ammunition;

Develop and put into practice a system of measures to provideincentives to the personnel of law enforcement agencies and encouragecitizens who have actively participated in the detection, exposure,neutralization and arrest of criminals, setting aside the funds necessaryfor this purpose;

4.3. Include, beginning in 1998, in draft State budgets a separateallocation line for the maintenance of the Committee on OrganizedCrime and Corruption of the Ministry of Internal Affairs;

5. The Council of Ministers of the Republic of Belarus and local executive andadministrative bodies shall, by 1 January 1998, set aside buildings and premisesnecessary for the normal functioning of the special subunits of internal-affairs,State-security and public-prosecutor bodies engaged in combating organized crimeand corruption;

6. The State Secretariat of the Security Council of the Republic of Belarus shallsubmit to the President of the Republic of Belarus draft laws:

- Within a period of one month - on weapons, on operational investigativeactivities and on measures to prevent the legalization of illegal profits;

Within a period of two months - on the State protection of judges andofficials of law enforcement and monitoring agencies;

7. The Procurator-General, the Ministry of Internal Affairs and the Chairman ofthe Committee on State Security shall:

Within a period of one month, draw up a joint recommendation on theprocedure for implementing the provisions of this Decree;

By 1 January 1998, complete the reorganization and staffing of thespecial subunits for combating organized crime and corruption and organize theretraining and advanced training of their personnel;

8. The Procurator-General, the Chairman of the Committee on State Securityand the Minister of Justice shall ensure the effective use of funds set aside for themaintenance of the special subunits for combating organized crime and corruptionand strengthening their expert base;

9. The Ministry of Justice and the Supreme Court shall, by 1 January 1998,institute the specialization of judges of regional courts, Minsk municipal courtsand the Supreme Court in the hearing of criminal cases concerning terrorism and

other particularly dangerous violent crimes as well as those committed byorganized criminal groups and criminal organizations;

10. The Procurator-General shall, within a period of 10 days, appoint a DeputyProcurator-General to supervise the activities of the special subunits for combatingorganized crime and corruption and ensure the specialized training of thecorresponding structural subunits of territorial public prosecutors' offices;

11. The State Secretary of the Security Council of the Republic of Belarus shallbe responsible for monitoring the implementation of this Decree.

12. This Decree shall enter into force on the date of its issuance ...

2. CRIMINAL CODE OF 29 DECEMBER 1960

Article 64. Terrorist act against the representative of aforeign State

The killing of a representative of a foreign State for the purpose ofprovoking war or international complications shall be punished by imprisonmentfor a period of 10 to 25 years with confiscation of property, life imprisonment withconfiscation of property, or the death penalty with confiscation of property.

Grave bodily injury caused to such persons for the same purpose shall bepunished by imprisonment for a period of 8 to 15 years with confiscation ofproperty.

Article 124 -1. Taking of hostages

The seizure or holding of a person as a hostage, combined with a threatto kill, inflict bodily injury or hold that person for a further period of time in orderto force a State, international organization, physical or juridical person or group ofpersons to carry out or refrain from carrying out any action as a condition forreleasing the hostage shall be punished by imprisonment for a period of five to 10years.

Such acts, if they are repeated or carried out by prior agreement by agroup of persons shall be punished by imprisonment for a period of six to 12 yearswith or without confiscation of property.

If the acts provided for in the first part of this article are committed by anorganized group or a particularly dangerous recidivist or if such acts incur severeconsequences, they shall be punished by imprisonment for a period of 10 to 15years with confiscation of property.

Article 208-2. Hijacking of an aircraft

The hijacking of an aircraft on the ground or in flight shall be punishedby imprisonment for a period of up to 10 years.

The hijacking of an aircraft on the ground or in flight or the seizure of anaircraft for the purpose of hijacking it, which are carried out with the use ofviolence or threats or which cause the aircraft to crash or entail other graveconsequences shall be punished by imprisonment for a period of five to 15 yearswith or without confiscation of property.

If the acts provided for in the first and second parts of this article resultin the death of persons or severe bodily injury, such acts shall be punished byimprisonment for a period of eight to 15 years with confiscation of property or thedeath penalty with confiscation of property.

3. CRIMINAL CODE OF 9 JULY 1999

CHAPTER 17

CRIMES AGAINST PEACE, HUMAN SECURITY AND WAR CRIMES

Article 124. Terrorist acts against representatives offoreign States

1. Acts of violence against a representative of a foreign State or internationalorganization, kidnapping or holding of such person against his or her will with aview to provoking international tension or hostilities shall be punishable bydeprivation of liberty for a period of five to 15 years.

2. Murder of a representative of a foreign State or international organizationwith a view to provoking international tension or hostilities shall be punishable bydeprivation of liberty for a period of 10 to 25 years, life imprisonment or the deathpenalty.

Article 125. Attacks on institutions enjoying international protection

1. Attacks on the offices or living quarters of institutions enjoying internationalprotection or on the means of transport of such institutions with a view toprovoking international tension or hostilities shall be punishable by restriction ofliberty for a period of three to five years or deprivation of liberty for a period ofthree to seven years.

2. Where such an act results in negligent manslaughter or in serious physicalinjury, or involves the deliberate destruction of property or important documents, itshall be punishable by deprivation of liberty for a period of three to 12 years.

Article 126. International terrorism

Conspiracy to carry out or the carrying out of an explosion, arson orother acts in the territory of a foreign State with a view to causing loss of life orserious physical injury, destroying or damaging buildings, installations, transportinfrastructure and vehicles, means of communication or other property for thepurpose of provoking international tension or hostilities or destabilizing the foreignState, or murdering or causing serious physical injury to a political or public figureof a foreign State or damaging property belonging to such persons for the samepurpose (international terrorism), shall be punishable by deprivation of liberty for aperiod ot 10 to 25 years, life imprisonment or the death penalty.

Article 289. Terrorism

1. Carrying out of an explosion, arson or other acts that may endanger humanlife or cause physical injury or large-scale damage or have other seriousconsequences for the purpose of intimidating the population, influencing decision-making by State bodies or obstructing political or other public activities (terrorism)shall be punishable by deprivation of liberty for a period of eight to 20 years.

2. Terrorism committed by a group of persons conspiring together or resulting inparticularly large-scale damage or other serious consequences shall be punishableby deprivation of liberty for a period of eight to 20 years.

3. Where an act referred to in paragraphs 1 and 2 of this article is accompaniedby the murder of a person or is committed by an organized group, it shall bepunishable by deprivation of liberty for a period of eight to 25 years, lifeimprisonment or the death penalty.

Note. A person who participates in the planning of an act referred to in this articleshall not be held criminally responsible for the crime in question if, by alerting theState authorities in a timely fashion or by some other means, he or she prevents aterrorist act.

Article 290. Threats to commit a terrorist act

1. Threats to carry out an explosion, arson or other acts that may endangerhuman life or cause physical injury or large-scale damage or have other seriousconsequences for the purpose of intimidating the population, influencing decision-making by State bodies or obstructing political or other public activities (threats to

86

commit a terrorist act) shall be punishable by imprisonment for a period of up tosix months, restriction of liberty for a period of up to five years or deprivation ofliberty for the same period.

2. Where a threat to commit a terrorist act constitutes a repeat offence, is madeby a group of persons conspiring together or results in large-scale damage or otherserious consequences, it shall be punishable by deprivation of liberty for a periodof three to eight years.

Article 359. Terrorist acts

An attempt on the life of a political or public figure committed inconnection with his or her political or public activities with a view to underminingpublic order, influencing decision-making by State bodies or obstructing politicalor other public activities, or in retaliation for such activities (terrorist acts), shall bepunishable by deprivation of liberty for a period of 10 to 25 years, lifeimprisonment or the death penalty.

Article 361. Incitement to overthrow or alter the constitutional system of theRepublic of Belarus or to commit crimes against the State

1. Public incitement to seize power by force, alter the constitutional system ofthe Republic of Belarus, or to commit high treason, terrorists acts or sabotage, orthe distribution of materials containing such incitement, shall be punishable byrestriction of liberty for a period of up to three years or deprivation of liberty forthe same period.

2. Where such an act is committed with the participation of the mass media, itshall be punishable by deprivation of liberty for a period of one to five years.

VI. BURKINA FASO 14

1. PENAL CODE

SECTION 11

Unlawful acts of intervention against civil aviation, vessels and anyother means of public transport.

Article 532. Any person on board an aircraft in flight, a vessel or any other meansof public transport who seizes or attempts to seize control of such aircraft, vessel

14 Transmitted to the Secretariat by that Government on 11 July 1997.

87

or means of transport by violence, threat of violence or force shall be liable tosentence of five to ten years' imprisonment.

Article 533. Any person who:

Destroys an aircraft, whether in service or out of in service in an airportused for civil aviation, or causes damages to such aircraft which render it incapableof flight or which are likely to compromise the safety of its flight;

Places or causes to be placed, by any means whatever, on an aircraft inservice or out of service in an airport, any mechanism or substance intended todestroy such aircraft or cause damages to it which will render it incapable of flightor which are likely to compromise the safety of its flight;

Destroys or damages air navigation or airport installations or services ordisturbs their operation, where any of these acts is likely to compromise the safetyof aircraft in service or of civil aviation,

shall be liable to a sentence of five to ten years' imprisonment.

The same penalties shall apply where the acts described above involvevessels or other means of public transport.

Article 534. If injury or illness results from the acts provided for in articles 532and 533, the penalty shall be imprisonment for 10 to 20 years.

If death results, the penalty shall be death.

Article 535. An aircraft shall be deemed to be in flight from the time when,following embarkation, all the exterior doors have been closed until the time whenone of these doors has been opened for disembarkation; in the case of a forcedlanding, the flight is understood to continue until the competent authority takescharge of the aircraft together with the persons and goods on board.

An aircraft is deemed to be in service from the time when the ground or flightcrew begins to prepare it for a given flight until the end of a 24-hour periodfollowing any landing; the period of service shall extend in any case to the entiretime during which the aircraft is in flight within the meaning of the precedingparagraph.

Article 536. Any person who, by communicating information which he or sheknows to be false, compromises the safety of an aircraft in flight, a vessel or anyother means of public transport in service shall be liable to a sentence of one tofive years' imprisonment and a fine of 300,000 to 1,500,000 francs.

VII. CANADA"5

1. RELEVANT PROVISIONS OF THE CRIMINAL CODE

Article 7. (1) Offences committed on aircraft: notwithstanding anything in this actor any other act, every one who:

(a) on or in respect of an aircraft

(i) registered in Canada under regulations made under theAeronautics Act, or

(ii) leased without crew and operated by a person who isqualified under regulations made under the AeronauticsAct to be registered as owner of an aircraft registered inCanada under those regulations,

while the aircraft is in flight; or

(b) on any aircraft, while the aircraft is in flight if the flight terminatedin Canada, commits an act or omission in or outside Canada that ifcommitted in Canada would be an offence punishable by indictmentshall be deemed to have committed that act or omission in Canada.

(2) Notwithstanding this Act or any other Act, every one who

(a) on an aircraft, while the aircraft is in flight, commits an act oromission outside Canada that if committed in Canada or on an aircraftregistered in Canada under regulations made under the Aeronautics Actwould be an offence agaisnt section 76 or paragraph 77(a);

(b) in relation to an aircraft in service, commits an act or omissionoutside Canada that if committed in Canada would be an offence againstany paragraphs 77(b), (c) or (e);

(c) in relation to an air navigation facility used in international airnavigation, commits an act or omission outside Canada that if committedin Canada would be an offence against paragraph 77(d);

(d) at or in relation to an airport serving international civil aviation,commits an act or omission outside Canada that if committed in Canadawould be an offence against paragraph 77 (b) or (f); or

(e) commits an act or omission outside Canada that if committed inCanada would constitute a conspiracy or an attempt to commit anoffence referred to in this subsection, or being an accessory after the fact

Transmitted to the Secretariat by that Government on 28 June 1995.

89

or counselling in relation to such an offence, shall be deemed to havecommitted that act or omission in Canada if the person is, after thecommission thereof, present in Canada.

(2.1) Offences against fixed platforms or international maritime navigation:Notwithstanding anything in this Act or any other Act, every one who commits anact or omission outside Canada against or on board a fixed platform attached to thecontinental shelf of any state or against or on board a ship navigating or scheduledto navigate beyond the territorial sea of any state, that if committed in Canadawould constitute an offence against, a conspiracy or an attempt to commit anoffence against, or being an accessory after the fact or counselling in relation to anoffence against, section 78.1 shall be deemed to commit that act or omission inCanada if it is committed:

(a) against or on board a fixed platform attached to the continentalshelf of Canada;

(b) against or on board a ship registered or licensed, or for which anidentification number has been issued, pursuant to any Act ofParliament;

(c) by a Canadian citizen;

(d) by a person who is not a citizen of any state and who ordinarilyresides in Canada;

(e) by a person who is, after the commission of the offence, present inCanada;

(f) in such a way as to seize, injure or kill, or threaten to injure or kill,a Canadian citizen; or

(g) in an attempt to compel the Government of Canada to do or refrainfrom doing any act.

(2.2) Offences against fixed platforms or navigation in the internal waters orterritorial sea of another state: Notwithstanding anything in this Act or any otherAct, every one who commits an act or omission outside Canada against or onboard a fixed platform not attached to the continental shelf of any state or againstor on board a ship not navigating or scheduled to navigate beyond the territorialsea of any state, that if committed in Canada would constitute an offence against, aconspiracy or an attempt to commit an offence against, or being an accessory afterthe fact or counselling in relation to an offence against, section 78.1 shall bedeemed to commit that act or omission in Canada

(a) if it is committed as described in any of paragraphs (2.1)(b) to (g);and

(b) if the offender is found in the territory of a state, other than the statein which the act or omission was committed, that is:

(i) a party to the Convention for the Suppression of UnlawfulActs against the Safety of Maritime Navigation, done atRome on March 10, 1988, in respect of an offencecommitted against or on board a ship, or

(ii) a party to the Protocol for the Suppression of UnlawfulActs against the Safety of Fixed Platform Located on theContinental Shelf, done at Rome on March 10, 1988, inrespect of an offence committed against or on board afixed platform.

(3) Offence against internationally protected person: Notwithstanding anythingin this Act or any other Act, every one who, outside Canada, commits an act oromission against the person of an internationally protected person or against anyproperty referred to in section 431 used by that person that if committed in Canadawould be an offence against section 235, 236, 266, 267, 268, 269, 271, 272, 273,279, 279.1, 280 to 283, 424 or 431 shall be deemed to commit that act or omissionin Canada if

(a) the act or omission is committed on a ship that is registered orlicensed, or for which an identification number has been issued, purusantto any Act of Parliament;

(b) the act or omission is committed on an aircraft


(ii) leased without crew and operated by a person who isqualified under regulations made under the AeronauticsAct to be registered as owner of an aircraft in Canadaunder those regulations;

(c) the person who commits the act or omission is a Canadian citizen oris, after the act or omission has been committed, present in Canada; or

(d) the act or omission is against

(i) a person who enjoys the status of an internationallyprotected person by virtue of the functions that personperforms on behalf of Canada, or

(ii) a member of the family of a person described insubparagraph (i) who qualifies under paragraph (b) or (d)

of the definition "internationally protected person" insection 2.

(3.1) Offence of hostage taking: Notwithstanding anything in this Act or anyother Act, every one who, outside Canada, commits an act or omission that ifcommitted in Canada would be an offence against section 279.1 shall be deemed tocommit that act or omission in Canada if

(a) the act or omission is committed on a ship that is registered orlicensed, or for which an identification number has been issued, pursuantto any Act of Parliament;

(b) the act or omission is committed on an aircraft;


(ii) leased without crew and operated by a person who isqualified under regulations made under the AeronauticsAct to be registered as owner of an aircraft in Canadaunder such regulations;

(c) the person who commits the act or omission

(i) is a Canadian citizen, or

(ii) is not a citizen of any state an ordinarily resides inCanada;

(d) the act or omission is committed with intent to induce Her Majestyin right of Canada or of a province to commit or cause to be committedany act or omission;

(e) a person taken hostage by the act or omission is a Canadian citizen;or

(f) the person who commits the act or omission is, after thecommission thereof, present in Canada.

(3.2) Offences involving nuclear material: Notwithstanding anything in this Actor any other Act, where

(a) a person, outside Canada, receives, has in his possession, uses,transfers the possession of, sends or delivers to any person, transports,alters, disposes of, disperses or abandons nuclear material and thereby

(i) causes or is likely to cause the death of, or serious bodilyharm to, any person, or

92

(ii) causes or is likely to cause serious damage to, ordestruction of, property, and

(b) the act or omission described in paragraph (a) would, if committedin Canada, be an offence against this Act,

that person shall be deemed to commit that act or omission in Canada if paragraph(3.5)(a), (b) or (c) applies in respect of the act or omission.

(3.3) [Idem] Notwithstanding anything in this Act or any other Act, every onewho, outside Canada, commits an act or omission that if committed in Canadawould constitute

(a) a conspiracy or an attempt to commit,

(b) being an accessory after the fact in relation to, or

(c) counselling in relation to, an act or omission that is an offence byvirtue of subsection (3.2) shall be deemed to commit the act or omissionin Canada if paragraph (3.5)(a), (b) or (c) applies in respect of the act oromission.

(3.4) [Idem] Notwithstanding anything in this Act or any other Act, every onewho, outside Canada, commits an act or omission that if committed in Canadawould constitute an offence against, a conspiracy or an attempt to commit or beingan accessory after the fact in relation to an offence against, or any counselling inrelation to an offence against,

(a) section 334, 341, 344 or 380 or paragraph 362(l)(a) in relation tonuclear material,

(b) section 346 in respect of a threat to commit an offence againstsection 334 or 344 in relation to nuclear material,

(c) section 423 in relation to a demand for nuclear material, or

(d) paragraph 264.1(1)(a) or (b) in respect of a threat to use nuclearmaterial,

shall be deemed to commit that act or omission in Canada if paragraph (3.5((a), (b)or (c) applies in respect of the act or omission.

(3.5) [Idem] For the purposes of subsections (3.2) to (3.4), a person shall bedeemed to commit an act or omission in Canada if




(ii) leased without crew and operated by a person who isqualified under regulations made under the AeronauticsAct to be registered as owner of an aircraft in Canadaunder those regulations; or

(c) the person who commits the act or omission is a Canadian citizen oris, after the act or omission has been committed, present in Canada.

(3.6) Definition of "nuclear material": For the purposes of this section,"nuclear material" means

(a) plutonium, except plutonium with an isotopic concentration ofplutonium-238 exceeding eighty per cent,

(b) uranium-233,

(c) uranium containing uranium-233 or uranium-235 or both in such anamount that the abundance of the sum of those isotopes to the isotopeuranium-238 is greater than 0.72 per cent,

(d) uranium with an isotopic concentration equal to that occurring innature, and

(e) any substance containing anything described in paragraphs (a) to(d),

but does not include uranium in the form of ore or ore-residue.

(3.7) Jurisdiction: Notwithstanding anything in this Act or any other Act, everyone who, outside Canada, commits an act or omission that, if committed inCanada, would constitute an offence against, a conspiracy or an attempt to commitan offence against, being an accessory after the fact in relation to an offenceagainst, or any counselling in relation to an offence against, section 269.1 shall bedeemed to commit that act or omission in Canada if




(ii) leases without crew and operated by a person who isqualified under regulations made under the AeronauticsAct to be registered as owner of an aircraft in Canadaunder those regulations;

(c) the person who commits the act or omission is a Canadian citizen;

(d) the complainant ia a Canadian citizen; or

(e) the person who commits the act or omission is, after thecommission thereof, present in Canada.

Article 75. Piratical acts: Every one who, while in or out of Canada

(a) steals a Canadian ship,

(b) steals or without lawful authority throws overboard, damages ordestroys anything that is part of the cargo, supplies or fittings in aCanadian ship,

(c) does or attempts to do a mutinous act on a Canadian ship, or

(d) counsels a person to do anything mentioned in paragraph (a), (b) or(c),

is guilty of an indictable offence and liable to imprisonment for a term notexceeding fourteen years.

Offences against Air or Maritime Safety

Article 76. Hyacking: Every one who, unlawfully, by force or threat thereof, orby any other form of intimidation, seizes or exercises control of an aircraft withintent:

(a) to cause any person on board the aircraft to be confined orimprisoned against his will.

(b) to cause any person on board the aircraft to be transported againsthis will to any place other than the next scheduled place of landing of theaircraft.

(c) to hold any person on board the aircraft for ransom or to serviceagainst his will, or

(d) to cause the aircraft to deviate in a material respect from its flightplan,

is guilty of an indictable offence and liable to imprisonment for life.

Article 77. Endangering safety of aircraft or airport: Every one who

(a) on board an aircraft in flight, commits an act of violence against aperson that is likely to endanger the safety of the aircraft,

(b) using a weapon, commits an act of violence against a person at anairport serving international civil aviation that causes or is likely to causeserious injury or death and that endangers or is likely to endanger safetyat the airport,

(c) causes damage to an aircraft in service that renders the aircraftincapable of flight or that is likely to endanger the safety of the aircraftin flight,

(d) places or causes to be placed on board an aircraft in serviceanything that is likely to cause damage to the aircraft, that will render itincapable of flight or that is likely to endanger the safety of the aircraftin flight,

(e) causes damage to or interferes with the operation of any airnavigation facility where the damage or interference is likely to endangerthe safety of an aircraft in flight.

(f) using a weapon, substance or device, destroys or causes seriousdamage to the facilities of an airport, serving international civil aviationor to any aircraft not in service located there, or causes disruption ofservices of the airport, that endangers or is likely to endanger safety atthe airport, or

(g) endangers the safety of an aircraft in flight by communicating toany other person any information that the person knows to be false,

is guilty of an indictable offence and liable to imprisonment for life.

Article 78. (1) Offensive weapons and explosive substances: Every one, otherthan a peace officer engaged in the execution of his duty, who takes on board acivil aircraft an offensive weapon or any explosive substance:

(a) without the consent of the owner or operator of the aircraft or of aperson duly authorized by either of them to consent thereto, or

(b) with the consent referred to in paragraph (a) but without complyingwith all terms and conditions on which the consent was given,

is guilty of an indictable offence and liable to imprisonment for a term notexceeding fourteen years.

(2) Definition of "civil aircraft": For the purposes of this section "civil aircraft"means all aircraft other than aircraft operated by the Canadian Forces, a policeforce in Canada or persons engaged in the administration or enforcement of theCustoms Act or the Excise Act.

Article 78.1 (1) Seizing control ofship orfixedplatform: Every one who seizesor exercises control over a ship or fixed platform by force or threat of force or byany other form of intimidation is guilty of an indictable offence and liable toimprisonment for life.

(2) Endangering safety of ship orfixedplatform: Every one who:

(a) commits an act of violence against a person on board a ship or fixedplatform;

(b) destroys or causes damage to a ship or its cargo or to a fixedplatform;

(c) destroys or causes serious damage to or interferes with theoperation of any maritime navigational facility; or

(d) places or causes to be placed on board a ship or fixed platformanything that is likely to cause damage to the ship or its cargo or to thefixed platform,

where that act is likely to endanger the safe navigation of a ship or the safety of afixed platform, is guilty of an indictable offence and liable to imprisonment forlife.

(3) False communication: Every one who communicates information thatendangers the safe navigation of a ship, knowing the information to be false, isguilty of an indictable offence and liable to imprisonment for life.

(4) Threats causing death or injury: Every one who threatens to commit anoffence under paragraph (2) (a), (b) or (c) in order to compel a person to do orrefrain from doing any act, where the threat is likely to endanger the safenavigation of a ship or the safety of a fixed platform, is guilty of an indictableoffence and liable to imprisonment for life.

(5) Definitions: In this section.

"fixed platform" means an artificial island or a marine installation or structure thatis permanently attached to the seabed for the purpose of exploration or exploitationof resources or for other economic purposes;

"ship" means every description of vessel not permanently attached to the seabed,other than a warship, a ship being used as a naval auxiliary or for customs orpolice purposes or a ship that has been withdrawn from navigation or is laid up.

Article 424. Threats to commit offence against internationally protected person:Every one who threatens to commit an offence under section 235, 266, 279 or279.1 against an internationally protected persons or who threatens to commit anoffence under section 431 is guilty of an indictable offence and liable toimprisonment for a term not exceeding five years.

Article 431. Attack on premises, residence or transport of internationallyprotected person: Every one who commits an attack on the official premises,private accommodation or means of transport of an internationally protectedperson that is likely to endanger the life or liberty of such person is guilty of anindictable offence and liable to imprisonment for a term not exceeding fourteenyears.

2. PROVISIONS RELATIVES AU CODE CRIMINEL

Article 7. (1) Infractions commises ii bord d'un aronef: Nonobstant les autresdispositions de la prdsente loi ou toute autre loi, quiconque:

a) soit A bord d'un adronef ou relativement A un adronef:

(i) ou bien immatriculd au Canada en vertu des r6glementsd'application de la Loi sur 'adronautique;

(ii) ou bien loud sans dquipage et mis en service par unepersonne remplissant, aux termes des r~glementsd'application de la Loi sur l'adronautique, les conditionsd'inscription comme propridtaire d'un adronefimmatriculd au Canada en vertu de ces rdglements,pendant que l'adronef est en vol;

b) soit A bord de tout adronef, pendant que celui-ci est en vol, si le vols'est termind au Canada,

commet dans les limites du Canada ou A l'6tranger une action ou omission qui, sielle dtait commise au Canada, constituerait une infraction punissable sur acted'accusation, est r6put6 avoir commis cette action ou omission au Canada.

(2) [Idem] Nonobstant les autres dispositions de la pr6sente loi ou toute autre loi,quiconque commet A l'6tranger:

a) soit A bord d'un adronef pendant qu'il est en vol, une action ouomission qui, si elle 6tait commise au Canada ou A bord d'un a6ronefimmatricul6 au Canada en vertu des rglements d'application de la Loisur l'a6ronautique, constituerait une infraction aux termes de l'article 76ou de l'alin6a 77 (a);

b) soit relativement A un a6ronef en service, une action ou omissionqui, si elle 6tait commise au Canada, constituerait une infraction auxtermes de l'alin6a 77 (b), (c) ou (e);

c) soit relativement A une installation utilis6e pour la navigationa6rienne intemationale, une action ou omission qui, si elle dtait commiseau Canada, constituerait une infraction aux termes de l'alinda 77 (d);

d) soit relativement A un a6roport servant A l'aviation civileinternationale, une action ou omission qui, si elle 6tait commise auCanada, constituerait une infraction aux termes de l'alin6a 77b) ou f);

e) soit une action ou omission qui, si elle 6tait commise au Canada,constituerait un conseil A une autre personne de commettre une infractionvis6e au pr6sent paragraphe ou un cas de complicitd apr~s le fait, unetentative ou un complot A l'6gard d'une telle infraction;

est r6putd avoir commis cette action ou omission au Canada s'il y est trouv6 aprsleur commission.

(2.1) Infractions contre une plate-forme fixe ou la navigation maritime (eauxinternationales): Nonobstant les autres dispositions de la pr6sente loi ou touteautre loi, la personne qui, A 1'6tranger, commet contre une plate-forme fixeattach6e au plateau continental d'un Etat ou contre un navire qui navigue dans leseaux situ6es au-delA de la mer territoriale d'un ttat ou, selon son plan de route,doit naviguer dans ces eaux-ou commet A leur bord-un acte par action ouomission qui, s'il 6tait commis au Canada, constituerait une infraction, un complot,une tentative, un conseil ou une complicitd apr~s le fait A l'6gard d'une infractionmentionn6e A 1'article 78.1, est r6put6e avoir commis cet acte au Canada, lorsqu'ilest commis:

a) contre une plate-forme fixe attach6 au plateau continental duCanada ou A son bord;

b) contre un navire immatriculd, vis6 par un permis ou A l'gardduquel un num~ro d'enregistrement a &4 accord6 sous le regime d'uneloi frd~rale ou A bord d'un tel navire;

c) par un citoyen canadien;

d) par une personne qui n'a la citoyennet6 d'aucun ttat et rdsidehabituellement au Canada;

e) par une personne prdsente au Canada apr~s la commission del'infraction;

f) de fagon A retenir, blesser ou tuer, ou menacer de blesser ou tuer, uncitoyen canadien;

g) dans le but de contraindre le gouvernement du Canada A accomplirun acte quelconque ou A s'en abstenir.

(2.2) Infractions contre une plate-forme fixe ou la navigation maritime (eauxint~rieures et mer territoriale 6trangbres): Nonobstant les autres dispositions de laprdsente loi ou toute autre loi, la personne qui, d l'6tranger, commet contre uneplate-forme fixe qui n'est pas attach6e au plateau continental d'un Etat ou contreun navire qui ne navigue pas dans les eaux situdes au-delA de la mer territorialed'un Etat ou, selon son plan de route, ne doit pas naviguer dans ces eaux-oucommet A leur bord-un acte par action ou omission qui s'il 6tait commis auCanada, constituerait une infraction, un complot, une tentative, un conseil ou unecomplicitd apr~s le fait d 1'6gard d'une infraction mentionn~e A l'article 78.1 estr~put~e avoir commis cet acte au Canada si l'acte est commis par une personne oud'une fagon mentionn~e aux alin~as (2.1)b) A g) et si le contrevenant est trouv6 surle territoire d'un Etat autre que celui ou l'acte a 6t6 commis et que cet ttat estpartie:

a) soit A la Convention pour la r6pression d'actes illicites contre las~curit6 de la navigation maritime, sign~e A Rome le 10 mars 1988, dansle cas d'une infraction commise contre un navire ou A son bord;

b) soit au Protocole sur la repression d'actes illicites contre la sdcurit6des plates-formes fixes situres sur le plateau continental, signd A Romele 10 mars 1988, dans le cas d'une infraction commise contre une plate-forme fixe ou A son bord.

(3) Infraction contre une personne jouissant d'une protection internationale:Nonobstant les autres dispositions de la pr~sente loi ou toute autre loi, tout actecommis par action ou omission, A l'tranger, contre une personne jouissant d'uneprotection internationale ou contre un bien qu'elle utilise, visd A l'article 431, etqui, s'il 6tait commis au Canada, constituerait une infraction aux articles 235, 236,266, 267, 268, 269, 271, 272, 273, 279, 279.1, 280 A 283, 424 ou 431, est r~putcommis au Canada dans les cas suivants:

100

a) cet acte est commis i bord d'un navire qui est immatricul6 enconformitd avec une loi f~drale, ou A 1'gard duquel un permis ou unnumro d'identification a dt6 ddlivr6 en conformit6 avec une telle loi;

b) cet acte est commis A bord d'un a~ronef:

(i) soit immatricul au Canada en vertu des r~glementsd'application de la Loi sur 'a&onautique;

(ii) soit lou6 sans 6quipage et mis en service par une personneremplissant, aux termes des r~glements d'application dela Loi sur l'adronautique, les conditions d'inscriptioncomme propri~taire d'un a~ronef immatricul au Canadaen vertu de ces r~glements;

c) l'auteur de l'acte ou de l'omission a la citoyennetd canadienne ou setrouve au Canada apres la commission de l'acte ou de l'omission;

d) l'acte est commis:

(i) soit contre une personne jouissant d'une protectioninternationale en raison des fonctions qu'elle exerce pourle compte du Canada,

(ii) soit contre tout membre de la famille d'une personnevis~e au sous-alina (i) remplissant les conditions prdvuesaux alindas b) ou d) de la definition de ((personnesjouissant d'une protection internationale >> Farticle 2.

(3.1) Infraction concernant les prises d'otages: Nonobstant les autresdispositions de la pr6sente loi ou toute autre loi, tout acte commis par action ouomission, A 1'6tranger, et qui, s'il 6tait commis au Canada, constituerait uneinfraction A l'article 279.1 est r~put6 commis au Canada dans les cas suivants:

a) cet acte est commis A bord d'un navire qui est immatricul6 enconformit6 avec une loi f6d6rale, ou A 1'6gard duquel un permis ou unnum6ro d'identification a 6t6 dd1ivr6 en conformit6 avec une telle loi;

b) cet acte est commis A bord d'un a6ronef:

(i) soit immatriculd au Canada en vertu des r~glementsd'application de la Loi sur 'a6ronautique;

(ii) soit lou6 sans 6quipage et mis en service par une personneremplissant, aux termes des r~glements d'application dela Loi sur l'adronautique, les conditions d'inscription

comme propridtaire d'un adronef immatricul6 au Canadaen vertu de ces r4glements;

c) 1'auteur de l'acte:

(i) soit A la citoyennetd canadienne;

(ii) soit n'a la citoyennet6 d'aucun Etat et rdsidehabituellement au Canada;

d) i'acte est commis avec l'intention d'inciter Sa Majest du chef duCanada ou d'une province A commettre ou i faire un acte par action ouomission;

e) la personne prise en otage A la suite d'un acte commis par action ouomission a la citoyennetd canadienne;

f) l'auteur de 'acte ou de l'omission se trouve au Canada apr~s lacommission du geste.

(3.2) Infraction concernant des mati~res nuclgaires: Nonobstant les autresdispositions de la pr~sente loi ou toute autre loi, dans les cas oii:

a) d'une part, une personne, A l'6tranger, regoit des mati&esnucl~aires, en a en sa possession, les utilise, en cede la possession, lesenvoie ou les livre i une personne, les transporte, les modifie, les jette,les disperse ou les abandonne et par ce fait:

(i) soit cause ou est susceptible de causer la mort d'unepersonne ou des blessures graves i celle-ci;

(ii) soit cause ou est susceptible de causer des dommagesimportants A un bien ou la destruction de celui-ci;

b) d'autre part, l'acte commis par action ou omission visde A I'alinda(a), s'il dtait commis au Canada, constituerait une infraction A la pr6senteloi,

cette personne est r6putde avoir commis cet acte par action ou omission au Canadasi l'alinda (3.5)a), b) ou c) s'applique A l'6gard de celui-ci.

(3.3) [Idem] Nonobstant les autres dispositions de la pr6sente loi ou toute autreloi, la personne qui, i 1'6tranger, commet un acte par action ou omission qui, s'il6tait commis au Canada, constituerait:

a) soit un complot ou une tentative dans le but de commettre;

b) soit une complicitd aprs le fait concernant;

102

c) soit un conseil concemant, un acte par action ou omission quiconstitue une infraction aux termes du paragraphe (3.2) est rdputde avoircommis cet acte au Canada si l'alinda (3.5)a), b) ou c) s'applique A1'6gard de celui-ci.

(3.4) [Idem] Nonobstant les autres dispositions de la prdsente loi ou toute autreloi, la personne qui, i l'dtranger, commet un acte, par action ou omission, qui, s'il

6tait commis au Canada, constituerait une infraction, un complot, une tentative, unconseil ou une complicit6 apr~s le fait A 1'6gard d'une infraction:

a) A l'article 334, 341, 344 ou 380 ou t l'alinda 362(1)a) concemantdes mati&es nuclaires;

b) A l'article 346 relativement A la menace de commettre une infractionA l'article 334 ou 344 concernant des mati~res nuc1kaires;

c) A 'article 423 relativement A une demande de mati6res nucl~aires;

d) A l'alin~a 264.1(1)a ou b) relativement A la menace d'utiliser desmatires nucldaires,

est r~putde avoir commis cet acte par action ou omission au Canada si l'alin~a(3.5)a), b) ou c) s'applique d 1'6gard de celui-ci.

(3.5) [Idem] Pour l'application des paragraphes (3.2) A (3.4), tout acte commispar action ou omission est r~putd commis au Canada dans les cas suivants:

a) cet acte est commis A bord d'un navire qui est immatricul6 enconformitd avec une loi f6d6rale, ou A l'gard duquel un permis ou unnum&o d'identification a W d61ivrd en conformit6 avec une telle loi;

b) cet acte est commis A bord d'un adronef:

(i) soit immatricul6 au Canada en vertu des r~glementsd'application de la Loi sur l'a6ronautique,

(ii) soit lou6 sans 6quipage et mis en service par une personneremplissant, aux termes des r~glements d'application dela Loi sur l'a6ronautique, les conditions d'inscriptioncomme propri~taire d'un a&onef immatricul6 au Canadaen vertu de ces r~glements;

c) I'auteur de l'acte a la citoyennet6 canadienne ou se trouve auCanada apr~s la commission de l'acte ou de l'omission.

(3.6) Definition de <v mati~res nucl~aires : Pour l'application du present article,< mati&es nuclkaires d6signent:

a) le plutonium, sauf le plutonium dont la concentration d'isotope deplutonium-238 est sup~rieure i quatre-vingts pour cent;

b) l'uranium-233;

c) l'uranium contenant de l'uranium-233 ou de l'uranium-235 ou lesdeux A la fois en quantitd telle que le rapport de l'abondance isotopiquede la somme de ces isotopes sur l'isotope d'uranium-238 est sup~rieur A0,72 pour cent;

d) l'uranium dont la concentration d'isotope est 6gale A celle qu'onretrouve A l'6tat naturel;

e) toute substance contenant une de ces choses visdes aux alin~as a) Ad).

La pr~sente d~fmition exclut toutefois l'uranium sous la forme de minerai ou der~sidu de minerai.

(3.7) Torture: Nonobstant les autres dispositions de la pr6sente loi ou de touteautre loi, la personne qui, A l'6tranger, commet un acte par action ou omission qui,s'il 6tait commis au Canada, constituerait une infraction, un complot, une tentative,un conseil ou une complicit6 apr~s le fait A l'6gard d'une infraction A l'article269.1, est r~putde avoir commis cet acte au Canada si, selon le cas:

a) l'acte est commis A bord d'un navire qui est immatricul6 enconformit6 avec une loi f~ddrale ou A l'6gard duquel un permis ou unnum~ro d'identification a 6t6 d~livr6 en conformit avec une telle loi;

b) l'acte est commis A bord d'un adronef:

(i) soit immatricul6 au Canada en vertu des r~glementsd'application de la Loi sur l'a~ronautique,

(ii) soit lou6 sans dquipage et mis en service par une personneremplissant, aux termes des r~glements d'application dela Loi sur l'a~ronautique, les conditions d'inscriptioncomme propri~taire d'un a~ronef au Canada en vertu deces r~glements;

c) l'auteurs de l'acte a la citoyennetd canadienne;

d) le plaignant a la citoyennet6 canadienne;

e) l'auteur de l'acte se trouve au Canada apr~s la perpetration de celui-ci.

Article 75. Actes de piraterie: Quiconque, 6tant au Canada ou A l'dtranger, selonle cas:

a) vole un navire canadien;

b) vole ou sans autorisation l6gale jette par-dessus bord, endommageou d6truit quelque chose qui fait partie de la cargaison, desapprovisionnements ou des installations d'un navire canadien;

c) commet ou tente de commettre un acte de mutinerie A bord d'unnavire canadien;

d) conseille A quelqu'un de commettre un des actes mentionn6s auxalin6as a), b) ou c),

est coupable d'un acte criminel et passible d'un emprisonnement maximal de

quatorze ans.

Infractions portant atteinte 6 la scuritM adrienne ou maritime.

Article 76. Ddtournement: Est coupable d'un acte criminel et passible del'emprisonnement A perp6tuit6 quiconque, ill6galement, par violence ou menace deviolence ou par tout autre mode d'intimidation, s'empare d'un a6ronef ou enexerce le contr6le avec l'intention, selon le cas:

a) de faire s6questrer ou emprisonner contre son gr6 toute personne setrouvant A bord de l'a6ronef;

b) de faire transporter contre son gr6, en un lieu autre que le lieu fix6pour l'atterrissage suivant de l'a6ronef, toute personne se trouvant A bordde l'adronef;

c) de d6tenir contre son grd toute personne se trouvant A bord del'adronef en vue de rangon ou de service;

d) de faire d6vier consid6rablement l'a6ronef de son plan de vol.

Article 77. Atteinte it la s&uritg des aronefs ou des aroports: Est coupabled'un acte criminel et passible de l'emprisonnement A perpdtuit6 quiconque, selonle cas:

a) A bord d'un a&onef en vol, commet A l'encontre d'une personne unacte de violence susceptible de porter atteinte A la s6curitd de l'adronef;

b) en utilisant une arme, commet A l'encontre d'une personne qui setrouve A un adroport servant A l'aviation civile internationale un acte deviolence qui cause ou est susceptible de causer des blessures graves ou la

105

mort, et qui porte atteinte ou est susceptible de porter atteinte A las6curit6 A l'adroport;

c) cause A un adronef en service des dommages qui le mettent horsd'6tat de voler ou sont susceptibles de porter atteinte A la sdcurit6 del'a6ronef en vol;

d) place ou fait placer A bord d'un a6ronef en service toute chosesusceptible de causer A l'a6ronef des dommages qui le mettront horsd'dtat de voler ou susceptible de porter atteinte A la sdcuritd de l'a6ronefen vol;

e) cause des dommages A une installation servant A la navigationadrienne, ou nuit A son fonctionnement, d'une manire susceptible deporter atteinte A la s6curit6 d'un a6ronef en vol;

f) en utilisant une arme, une substance ou un dispositif, cause desdommages graves aux installations d'un a6roport servant A l'aviationcivile intemationale ou A un a6ronef qui n'est pas en service et qui s'ytrouve, les d6truit ou nuit au fonctionnement de l'airoport d'une fagonqui porte atteinte i la sdcurit6 A l'a6roport ou est susceptible d'y porteratteinte;

g) porte atteinte A la s6curit6 d'un a~ronef en vol en communiquant Aune autre personne des renseignements qu'il sait atre faux.

Article 78. (1) Arnes offensives et substances explosives: Est coupable d'unacte criminel et passible d'un emprisonnement maximal de quatorze ansquiconque, autre qu'un agent de la paix dans l'exercice de ses fonctions, transporteA bord d'un a6ronef civil une arme offensive ou une substance explosive:

a) soit sans le consentement du propridtaire ou de l'exploitant del'a6ronef ou d'une personne dfOment autoris6e par l'un ou l'autre Adonner ce consentement;

b) soit avec le consentement mentionn6 i l'alin6a a) mais sanssatisfaire A toutes les conditions auxquelles le consentement 6taitsubordonn&

(2) Definition de e agronef civil ) Pour l'application du pr6sent article, < aronefcivil >> d6signe tout a~ronef autre qu'un a6ronef A l'usage des Forces canadiennes,d'une force de police au Canada ou de personnes pr6pos6es h l'application de laLoi sur les douanes ou de la Loi sur l'accise.

Article 78.1 (1) Prise d'un navire oii d'uneplate-formefixe: Est coupable d'unacte criminel et passible de l'emprisonnement A perpdtuit6 quiconque, par violenceou menace de violence, s'empare ou exerce un contr6le sur un navire ou une plate-forme fixe:

(2) Acte portant atteinte c la sgcurit d'un navire ou d'une plate-formefixe: Estcoupable d'un acte criminel et passible de 1'emprisonnement A perp6tuit6quiconque, d'une fagon qui est susceptible de porter atteinte A la navigations~curitaire d'un navire ou A la sdcurit6 d'une plate-forme fixe, selon le cas:

a) commet un acte de violence contre une personne A bord d'un navireou d'une plate-forme fixe;

b) endommage ou d6truit un navire, sa cargaison ou une plate-formefixe;

c) endommage gravement, d~truit ou nuit au fonctionnement d'uneinstallation de navigation maritime;

d) place ou fait placer A bord d'un navire ou d'une plate-forme fixeune chose susceptible d'endommager le navire, sa cargaison ou la plate-forme.

(3) Communication de faux renseignements: Est coupable d'un acte criminel etpassible de l'emprisonnement A perp6tuitd quiconque porte atteinte A la navigations~curitaire d'un navire en communiquant des renseignements qu'il sait tre faux.

(4) Acte causant la mort ou des blessures, ou menaces: Est coupable d'un actecriminel et passible de l'emprisonnement A perpdtuit6 quiconque, afin decontraindre une personne A accomplir un acte quelconque ou de s'en abstenir,menace de commettre une infraction, pr6vue aux alindas (2)a), b) ou c), susceptiblede porter atteinte A la navigation s~curitaire d'un navire ou A ]a sdcurit6 d'uneplate-forme fixe.

(5) Definitions: Les definitions qui suivent s'appliquent au present article.

< navire >> Ak l'exclusion des navires de guerre ou de ceux utilis~s comme naviresde guerre auxiliaires ou A des fins de douanes ou de police ou retires de lanavigation ou d~sarms, tout bateau qui n'est pas attach6 de fagon permanente aufond de la mer.

o plate-forme fixe >> Ile artificielle ou ouvrage en mer attach6 de fagon permanenteau fond de la mer et destin6 A l'exploration, A l'exploitation des ressources oud'autres fins dconomiques.

Article 424. Menaces de commettre une infraction contre une personnejouissant d'une protection internationale: Est coupable d'un acte criminel etpassible d'un emprisonnement maximal de cinq ans quiconque menace decommettre, contre une personne jouissant d'une protection intemationale, une

infraction visde aux articles 235, 266, 279 ou 279.1 ou menace de commettre uneinfraction vis6e A l'article 431.

Article 431. Attaque contre les locaux officiels, le logementpriv ou les moyensde transport: Est coupable d'un acte criminel et passible d'un emprisonnementmaximal de quatorze ans quiconque attaque les locaux officiels, le logement priv6ou les moyens de transport d'une personne jouissant d'une protectioninternationale, de mani~re d mettre vraisemblablement la vie ou la libertd de cettepersonne en danger.

VIII. CHILE"

1. ACT NO. 18,314 DEFINING TERRORIST ACTS ANDESTABLISHING PENALTIES FOR SUCH ACTS17

The Government Junta of the Republic of Chile has adopted thefollowing draft law:

CHAPTER I

TERRORIST ACTS AND PENALTIES FOR SUCH ACTS

Article 1. The acts enumerated in article 2 shall constitute terrorist offences whenthey are carried out in any of the following circumstances:

(1) The offence is committed with the aim of producing in thepopulation or a part thereof a justified fear of being a victim of such an offence,owing either to the nature and effects of the means employed or to the clear factthat the act is part of a premeditated plan to attack a given category or group ofpersons.

The purpose of producing such a fear in the population at large shall bepresumed, unless there is proof to the contrary, if the offence is committed usingexplosive or incendiary devices, highly destructive weapons, toxic, corrosive orinfectious means or other means which may cause extensive destruction, orthrough the sending of letters, packages or similar objects which have explosive ortoxic effects.

(2) The offence is committed with the intention of forcing theauthorities to take certain action, or to impose demands upon them. 18

16 Transmitted to the Secretariat by that Government on 10 November 2000.

17 Published in the Official Journal of 17 May 1984. See note 1 to the First Book of thisCode. See also Act No. 19.172 of 4 November 1992 on effective repentance.18 This provision was amended, as it appears in the text by article 2 of Act. No. 19,027 of 24

108

Article 2. If any of the characteristics described in the preceding article apply, thefollowing shall constitute terrorist acts:

(1) Homicide punishable under articles 390 and 391; personal injurypunishable under articles 395, 396, 397 and 399; abduction, either in the form ofsequestration or detention, or in the form of hostage-taking or abduction ofchildren, punishable under articles 141 and 142; the sending of explosive devicesas covered by article 403 bis; arson and criminal damage punishable under articles474, 475, 476 and 480; infractions against public health as covered by articles 313(d), 315 and 316; and derailment, covered by articles 323, 324, 325 and 326 of thePenal Code;

(2) Seizure of or attack against a ship, aircraft, railway, bus or othermeans of public transport in service, or the commission of acts which endanger thelife, physical integrity or health of their passengers or crews;

(3) Attack against the life or physical integrity of the Head of State oranother political, judicial, military, police or religious authority or personsinternationally protected by virtue of their position;

(4) Placing, throwing or firing bombs or other explosive or incendiarydevices of any type which affect or may affect the physical integrity of persons orcause damage;

(5) Unlawful association to commit offences which are characterizedas terrorist acts in the preceding subparagraphs and in article 1.

Abduction by an unlawful terrorist association, either in the form ofsequestration or detention, or in the form of hostage-taking or abduction ofchildren punishable under articles 141 and 142 of the Penal Code, shall always beregarded as a terrorist act. 19

2. SUMMARY OF CHILEAN LEGISLATION ON TERRORISM

Act No. 18,314 of 17 May 1984 (reproduced above) defines what areregarded as terrorist acts in Chile, fixes penalties for them and prescribes thecourts in which these offences are to be tried and the procedures to be followed.This legislation has been the subject of various amendments, substitutions andrescissions, especially those deriving from the provisions of Acts Nos. 18,925 of20 February 1990 and 18,937 of 22 February 1990, and No. 19,027 of 24 January1991.

January 1991.19Paragraph amended as it appears in the text by article 4 of Act No. 19,241 of 28 August1993.

OFFENCES

The Chilean legislation stipulates that the offences listed therein areterrorist offences, provided one of the distinguishing features laid down in thestatute is present.

The specified factors consist basically of committing the offence for thepurpose of instilling among the public or some part of it, "a justified fear of beinga victim of such an offence" or where "the offence is committed with the intentionof forcing the authorities to take certain action, or to impose demands upon them".There is also a legal presumption that the intention to commit an act of terrorismexists when the criminal activity is carried out for the purpose of causing fearamong the public in general, or when the offence is committed through certainmeans such as explosive devices, highly destructive weapons, toxic or corrosivemeans or other means capable of causing serious damage.

Among the offences falling within the category of terrorist offenceswhen any of the designated features is present, are ordinary criminal offences suchas homicide, wounding, kidnapping, detaining people against their will, abductionof minors, arson and criminal damage. Certain forms of conduct are alsodesignated specifically, such as the seizure of ships, aircraft, trains, buses andother means of public transport.

Additional offences falling within the category of terrorist offencesinclude:

- Attempts on the life or person of the Head of State, and of othernational authorities or internationally protected persons;

- The placing, launching or activation of bombs or explosive deviceswhich may affect or are intended to affect the physical integrity of individuals orto cause damage;

- Unlawful association, when its purpose is the commission of any ofthe foregoing acts.

- The offence of kidnapping, when committed by an unlawfulassociation.

According to article 292 of the Penal Code, any association whoseobjective is to attack the social order, public mores, individuals, or property,commits an offence solely by conspiring for that purpose.

PENALTIES

Generally speaking, the penalties for these terrorist offences areestablished under Chilean legislation, when the offence involved is an ordinarycriminal offence punishable under the Penal Code, as the penalty set by thatlegislation for each individual offence, increased by one or two degrees.

Nevertheless, there are specific types of offence, such as seizure of ships andplacing of bombs, for which there are specific penalties under this same Act.

CONCERNING THE STAGES OF EXECUTION OF TERRORIST OFFENCES

Chilean anti-terrorist legislation also establishes penalties for thefollowing stages of execution of the offence:

Attempt: Under Act No. 18,314, article 7, paragraph 1, an attempt to commit aterrorist offence is punishable by the minimum penalty established by law for thecompleted offence.

Conspiracy: Under the final paragraph of the above-mentioned article 7,conspiracy to commit terrorist offences is punishable by the penalty for thecompleted offence, reduced by one or two degrees.

Lastly, article 7, paragraph 2, should be regarded as setting forth a legalprecept whereby a serious and credible threat to commit a terrorist offence ispunishable as an attempt (a serious and credible threat being understood asmeaning any implicit or explicit threat that produces the conviction that a terroristoffence is being attempted).

PROCEDURE

Proceedings in respect of offences specified in and punishable under ActNo. 18,314, shall be instituted automatically by the courts or pursuant to a reportor complaint in accordance with the general norms, that is to say, in accordancewith the Code of Criminal Procedure.

Notwithstanding the above, proceedings may also be instituted pursuantto a requisition or report from the Minister of the Interior, regional intendants,provincial governors and garrison commanders, in which case the procedureoutlined in article 26 and ff. of Act No. 12,927 concerning State security shall beapplied, except that in such case, in accordance with article 27 of the said Act, theabove-mentioned authorities may not discontinue the proceedings once these havebeen instituted.

RELEASE ON BAIL

In accordance with the provisions of article 19, paragraph 7 (e), of theConstitution of Chile, all decisions regarding release on bail shall be subject toconsultation proceedings, which shall be heard by one of the chambers of therelevant court of appeals.

ACT CONCERNING THE VALIDITY OF REPENTANCE

The Chilean legislature promulgated Act No. 19,172, which waspublished in the Diario Oficial on 4 November 1992; this Act regulates thevalidity of repentance in respect of any person who leaves an unlawful terroristassociation of which he/she was a part, provided that he/she does so before ajudgement is handed down at the end of a trial.

The purpose of this Act is to exempt from the penalties set forth in ActNo. 18,314, article 3, any person who was part of an unlawful terrorist association,and also to exempt from criminal sanction the authors of an attempt, conspiracy orserious and credible threat to commit terrorist offences.

Anyone who has participated in other terrorist offences, that is to sayanyone who has committed any of the acts characterized as an offence in Act No.18,314, article 2, paragraphs I to 4, may also claim exemption under this Act.

In such case, a person who invokes the Act concerning the validity ofrepentance is not exempt from punishment; however, the punishment may bereduced by up to two degrees, provided that the person complies with thefollowing requirements: (a) hands over or reveals to the authorities, informationthat actually serves to give warning of or to prevent the commission or completionof terrorist offences, and those responsible are named and arrested; and (b)actually helps to disband the unlawful association to which he/she belonged, or asubstantial part thereof, by providing information that was not known, such asplans, names of members or the whereabouts of the leaders and members.

The Act establishing the validity of repentance was characterized as alegal text having temporary validity, in that anyone wishing to claim exemptionunder that Act had four years as from the date of its publication in the DiarioOficial in which to do so.

IX. CHINA 20

1. PROVISIONS OF THE CRIMINAL LAW OF THE PEOPLE'SREPUBLIC OF CHINA AS REVISED AT THE FIFTH MEETING OF

THE STANDING COMMITTEE OF THE EIGHTH NATIONALPEOPLE'S CONGRESS OF THE PEOPLE'S REPUBLIC OF CHINA ON

14 MARCH 1997

Article 114. Whoever commits arson, breaches a dike, causes explosion,spreads poison or uses other dangerous means to sabotage any factory, mine,oilfield, harbour, river, water source, warehouse, house, forest, farm, threshing

20 Transmitted to the Secretariat by that Government on 26 June 1998. Also available for

consultation from the Codification Division, Office of Legal Affairs is the DecisionRegarding the Severe Punishment of Criminals who Abduct and Traffic in or Kidnap Womenor Children, 1991.

ground, pasture, key pipeline, public building or any other public or privateproperty, thereby endangering public security but causing no seriousconsequences, shall be sentenced to fixed-term imprisonment of not less than threeyears but not more than 10 years.

Article 115. Whoever commits arson, breaches a dike, causes explosion,spreads poison or inflicts serious injury or death on people or causes heavy lossesof public or private property by other dangerous means, shall be sentenced tofixed-term imprisonment of not less than 10 years, life imprisonment or death.

Whoever negligently commits the crime mentioned in the precedingparagraph shall be sentenced to fixed-term imprisonment of not less than threeyears but not more then seven years; if the circumstances are minor, he shall besentenced to fixed-term imprisonment of not more than three years or criminaldetention.

Article 116. Whoever sabotages a train, motor vehicle, tram, ship oraircraft to such a dangerous extent as to overturn or destroy it, but with no seriousconsequences, shall be sentenced to fixed-term imprisonment of not less than threeyears but not more than 10 years.

Article 117. Whoever sabotages a railroad, bridge, tunnel, highway,airport, waterway, lighthouse or sign or conducts any other sabotaging activities tosuch a dangerous extent as to overturn or destroy it, but with no seriousconsequences, shall be sentenced to fixed-term imprisonment of not less than threeyears but not more than 10 years.

Article 118. Whoever sabotages any electric power or gas facility or anyother inflammable or explosive equipment, thereby endangering public security,but causing no serious consequences, shall be sentenced to fixed-termimprisonment of not less than three years but not more than 10 years.

Article 119. Whoever sabotages any means of transport, transportationfacility, electric power facility, gas facility, or inflammable or explosiveequipment, thereby causing serious consequences, shall be sentenced to fixed-termimprisonment of not less than 10 years, life imprisonment or death.

Whoever negligently commits the crime mentioned in the precedingparagraph shall be sentenced to fixed-term imprisonment of not less than threcyears but not more then seven years; if the circumstances are minor, he shall besentenced to fixed-term imprisonment of not more than three years or criminaldetention.

Article 120. Whoever forms, leads or actively participates in a terroristorganization shall be sentenced to fixed-term imprisonment of not less than threeyears but not more than 10 years; other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or publicsurveillance.

Whoever, in addition to the crime mentioned in the preceding paragraph,commits other crimes of homicide, explosion or kidnap shall be punished inaccordance with the provisions on combined punishment for several crimes.

Article 121. Whoever hijacks any aircraft by means of violence, coercionor by any other means shall be sentenced to fixed-term imprisonment of not lessthan 10 years or life imprisonment; any hijacker who causes serious injury to ordeath of any other person or serious damage to the aircraft shall be sentenced todeath.

Article 122. Whoever hijacks a ship or motor vehicle by means ofviolence, coercion or by any other means shall be sentenced to fixed-termimprisonment of not less than five years but not more than 10 years; if there areserious consequences, he shall be sentenced to fixed-term imprisonment of not lessthan 10 years or life imprisonment.

Article 123. Whoever uses violence against any person on board anaircraft and thereby endangers air safety, if there are no serious consequences,shall be sentenced to fixed-term imprisonment of not more than five years orcriminal detention; if there are serious consequences, he shall be sentenced tofixed-term imprisonment of not less than five years.

Article 125. Whoever illegally manufactures, trades in, transports, mailsor stores any guns, ammunition or explosives shall be sentenced to fixed-termimprisonment of not less than three years but not more than 10 years; if thecircumstances are serious, he shall be sentenced to fixed-term imprisonment of notless than 10 years, life imprisonment or death.

Whoever illegally trades in or transports nuclear materials shall bepunished according to the provisions of the preceding paragraph.

Where a unit commits any of the crimes mentioned in the preceding twoparagraphs, it shall be fined, and the persons who are directly in charge and theother persons who are directly responsible for the crime shall be punished inaccordance with the provisions of the first paragraph.

Article 239. Whoever kidnaps another person for the purpose ofextorting money or property or kidnaps another person as a hostage shall besentenced to fixed-term imprisonment of not less than 10 years or lifeimprisonment and also to a fine or confiscation of property; if he causes death tothe kidnapped person or kills the kidnapped person, he shall be sentenced to deathand also to confiscation of property.

2. DECISION EXERCISING CRIMINAL JURISDICTION OVER THECRIMES PRESCRIBED IN THE INTERNATIONAL TREATIES TO

WHICH THE PEOPLE'S REPUBLIC OF CHINA IS A PARTY OR HASACCEDED, 1987

Decision of the Standing Committee of the National People's Congresson Exercising Criminal Jurisdiction over the Crimes Prescribed in the InternationalTreaties to Which the People's Republic of China Is a Party or Has Acceded(Adopted at the 21st Meeting of the Standing Committee of the Sixth NationalPeople's Congress on 23 June 1987)

The 21st Meeting of the Standing Committee of the Sixth NationalPeople's Congress resolves that the People's Republic of China shall, within thescope of its treaty obligations, exercise criminal jurisdiction over crimes prescribedin the international treaties to which the People's Republic of China is a party orhas acceded.

Appendices:

The relevant clauses of the international conventions

1. Convention on the Prevention and Punishment of Crimes Against InternationallyProtected Persons, Including Diplomatic Agents

The second paragraph of Article 3

Each State Party shall likewise take such measures as may be necessaryto establish its jurisdiction over these crimes in cases where the alleged offender ispresent in its territory and it does not extradite him pursuant to Article 8 to any ofthe States mentioned in paragraph I of this Article.

Article 7. The State Party in whose territory the alleged offender ispresent shall, if it does not extradite him, submit, without exception whatsoeverand without undue delay, the case to its competent authorities for the purpose ofprosecution, through proceedings in accordance with the laws of that State.

II. Convention for the Suppression of Unlawful Seizure of Aircraft


Each Contracting State shall likewise take such measures as may benecessary to establish its jurisdiction over the offence in the case where the allegedoffender is present in its territory and it does not extradite him pursuant to Article8 to any of the States mentioned in paragraph I of this Article.

Article 7. The Contracting State in the territory of which the allegedoffender is found shall, if it does not extradite him, be obliged, without exceptionwhatsoever 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 thecase of any ordinary offence of a serious nature under the law of that State.

III. Convention for the Suppression of Unlawful Acts Against the Safety of CivilAviation


Each Contracting State shall likewise take such measures as may benecessary to establish its jurisdiction over the offences mentioned in Article 1,paragraph 1 (a), (b) and (c), and in Article 1, paragraph 2, insofar as that paragraphrelates to those offences, in the case where the alleged offender is present in itsterritory and it does not extradite him pursuant to Article 8 to any of the Statesmentioned in paragraph I of this Article.

Article 7. The Contracting State in the territory of which the allegedoffender is found shall, if it does not extradite him, be obliged, without exceptionwhatsoever and whether or not the offence was committed in its territory, tosubmit the case to its competent authorities for the purpose of prosecution.

Those authorities shall take their decision in the same manner as in thecase of any ordinary offence of a serious nature under the law of that State.

IV. Convention on the Physical Protection of Nuclear Material


Each State Party shall likewise take such measures as may be necessaryto establish its jurisdiction over these offences in cases where the alleged offenderis present in its territory and it does not extradite him pursuant to Article 11 to anyof the States mentioned in paragraph 1.

V. International Convention Against the Taking of Hostages


Each State Party shall likewise take such measures as may be necessaryto establish its jurisdiction over the offences set forth in Article 1 in cases wherethe alleged offender is present in its territory and it does not extradite him to any ofthe States mentioned in paragraph I of this Article.

The first paragraph of Article 8

The State Party in the territory of which the alleged offender is foundshall, if it does not extradite him, be obliged, without exception whatsoever andwhether or not the offence was committed in its territory, to submit the case to its

competent authorities for the purpose of prosecution, through proceedings inaccordance with the laws of that State. Those authorities shall take their decision inthe same manner as in the case of any ordinary offence of a grave nature under thelaw of that State.

3. DECISION REGARDING THE SEVERE PUNISHMENT OF

CRIMINALS WHO SERIOUSLY ENDANGER PUBLIC SECURITY,1983.

Decision of the Standing Committee of the National People's CongressRegarding the Severe Punishment of Criminals Who Seriously Endanger PublicSecurity. (Adopted at the Second Meeting of the Standing Committee of the SixthNational People's Congress on 2 September 1993, and promulgated forimplementation by order No. 3 of the President of the People's Republic of Chinaon 2 September 1983)

In order to maintain public security, ensure the safety of the lives andproperty of the people and safeguard the smooth progress of the socialistconstruction, it is imperative to subject criminals who seriously endanger publicsecurity to severe punishment. To this end it is decided:

1. Punishment above the maximum punishment stipulated in the Criminal Law,up to and including death sentences, may be inflicted on the following criminalswho seriously endanger public security:

(1) ringleaders of criminal hooligan groups or those who carry lethalweapons to engage in criminal hooligan activities, if the circumstancesare serious, or those who engage in criminal hooligan activities leadingto especially serious consequences;

(2) whoever intentionally inflicts serious bodily injury upon anotherperson or causes the person's death, if the circumstances are flagrant, orwhoever commits violence and injures a state functionary or citizen whohas accused, exposed or arrested a criminal or stopped a criminal act;

(3) ringleaders of groups who abduct and traffic in human beings, orwhoever abducts and traffics in human beings, when the circumstancesare especially serious;

(4) whoever illegally manufactures, trades in, transports, steals orforcibly seizes guns, ammunition or explosives, when the circumstancesare especially serious or when serious consequences are caused;

(5) whoever organizes reactionary secret societies or uses feudalsuperstition to carry out counterrevolutionary activities, therebyseriously endangering public security; or

(6) whoever lures or forces women into prostitution or shelters her inprostitution, when the circumstances are especially serious.

2. Whoever imparts criminal methods, when the circumstances are relativelyminor, shall be sentenced to fixed-term imprisonment of not more than five years;when the circumstances are serious, the offender shall be sentenced to fixed-termimprisonment of not less than five years; and when the circumstances areespecially serious, he shall be sentenced to life imprisonment or death.

3. This Decision shall, upon its promulgation, be applicable to the adjudication

of the criminal cases mentioned above.

Appendix:

The relevant articles in the Criminal Law

Article 160. Where an assembled crowd engages in affrays, createsdisturbances, humiliates women or engages in other hooligan activities thatundermine public order, if the circumstances are flagrant, the offenders shall besentenced to fixed-term imprisonment of not less than seven years, criminaldetention or public surveillance.

Ringleaders of hooligan groups shall be sentenced to fixed-termimprisonment of not less than seven years.

Article 134. Whoever intentionally inflicts bodily injury upon anotherperson shall be sentenced to fixed-term imprisonment of not more than three yearsor criminal detention.

Whoever, by committing the crime mentioned in the preceding paragraph,causes severe injury to another person shall be sentenced to fixed-termimprisonment of not less than three years and not more than seven years; if hecauses a person's death, he shall be sentenced to fixed-term imprisonment of notless than seven years or life imprisonment. Where this Law has other provisions,such provisions shall prevail.

Article 141. Whoever abducts or traffics in human beings shall besentenced to fixed-term imprisonment of not more than five years; if thecircumstances are serious, the offender shall be sentenced to fixed-termimprisonment of not less than five years.

Article 112. Whoever illegally manufactures, trades in or transports gunsor ammunition or steals or forcibly seizes the guns or ammunition of state organs,members of the armed forces, the police or the people's militia shall be sentencedto fixed-term imprisonment of not more than seven years; if the circumstances areserious, the offender shall be sentenced to fixed-term imprisonment of not lessthan seven years or life imprisonment.

Article 99. Whoever organizes or uses feudal superstition, superstitioussects or secret societies to carry on counterrevolutionary activities shall besentenced to fixed-term imprisonment of not less than five years; if thecircumstances are relatively minor, the offender shall he sentenced to fixed-termimprisonment of not more than five years, criminal detention, public surveillanceor deprivation of political rights.

Article 140. Whoever forces a women to engage in prostitution shall besentenced to fixed-term imprisonment of not less than three years and not morethan ten years.

Article 169. Whoever, for the purpose of profit, lures women intoprostitution or shelters them in prostitution shall be sentenced to fixed-termimprisonment of not more than five years, criminal detention or publicsurveillance; if the circumstances are serious, the offender shall be sentenced tofixed-term imprisonment of not less than five years and may concurrently besentenced to a fine or confiscation of property.

4. DECISION REGARDING THE PUNISHMENT OF CRIMINALSENGAGED IN AIRCRAFT HIJACKING, 1992

Decision of the Standing Committee of the National People's CongressRegarding the Punishment of Criminals Engaged in Aircraft Hijacking (Adopted atthe 29th Meeting of the Standing Committee of the Seventh National People'sCongress on 28 December 1992, and Promulgated for implementation by OrderNo. 67 of the President of the People's Republic of China on 28 December 1992)

With a view to punishing aircraft hijacking criminals and safeguardingthe safety of passengers and aircraft, it is hereby decided as follows;

Whoever hijacks any aircraft by means of violence, intimidation or inany other manner shall be sentenced to fixed-term imprisonment of no less than 10years or life imprisonment; any hijacker who causes serious bodily injury to ordeath of any other person, or serious damage to the aircraft, or if the circumstancesare especially serious, shall be sentenced to death; and if the circumstances arerelatively minor, the hijacker shall be sentenced to fixed-term imprisonment of notless than five years but not more than 10 years.

X. COOK ISLANDS 21

1. CRIMES (INTERNATIONALLY PROTECTED PERSONSAND HOSTAGES) ACT 1982, NO. 6

An act of Parliament of the Cook Islands to give effect to the Convention on thePrevention and Punishment of Crimes against Internationally Protected Persons,including Diplomatic Agents 1973, and the Convention Against the Taking ofHostages 1979 and for matters incidental to the implementation of thoseConventions.

(18 September 1982)

BE IT ENACTED by the Parliament of the Cook Islands in Session assembled,and by the authority of the same, as follows:

1. Short Title

This Act may be cited as the Crimes (Internationally Protected Persons andHostages) Act 1982.

2. Interpretation

In this Act, unless the context otherwise requires,

"Cook Islander" means a person belonging to the part of the Polynesian raceindigenous to the Cook Islands, and includes

(a) Any person descended from a Cook Islander; and

(b) Any person who has the status of a permanent resident of the CookIslands pursuant to Article 76A of the Constitution (as enacted bysection 13 of the Constitution Amendment (No.9) Act 1980-81).

"Internationally protected person", in relation to an alleged act or omission that

constitutes a crime by virtue of or against any of sections 3 to 6 of this Act, means

(a) A person who, at the time of the alleged act or omission, is

(i) A Head of State or person lawfully performing thefunctions of Heads of State; or

(ii) A member of a body that performs the functions of aHead of State under the constitution of the State; or

21 Transmitted to the Secretariat by that Government on 14 March 2001.

120

(iii) A Head of Government; or

(iv) A Minister of Foreign Affairs or a person lawfullyperforming the functions of such a Minister

and is outside the territory of the State in which he holds office;

(b) A member of the family of any person referred to in paragraph (a)of this definition who is accompanying that person;

(c) A person who, at the time of the alleged act or omission, is

(i) A representative or an official of a State; or

(ii) An official or agent of an international organisation of anintergovernmental character

and is entitled under international law to special protection from attackon his person, freedom, or dignity;

(d) A member of the family of any person referred to in paragraph (c)of this definition who is a member of that person's household;

"Cook Islands" includes all waters within the outer limits of the territorial sea ofthe Cook Islands (as defined by section 3 of the Territorial Sea and Exclusive ZoneAct 1977);

"The 1973 Convention" means the Convention the Prevention and Punishment ofCrimes Against Internationally Protected Persons, including Diplomatic Agents,opened for signature at New York on the 14 'h day of December 1973;

"The 1979 Convention" means the Convention Against the Taking of Hostages,opened for signature at New York on the 18th day of December 1979;

"Vehicle" includes any means of conveyance.

Internationally Protected Persons

3. Crimes against persons

(1) Without limiting anything in the Crimes Act 1969, every one commits acrime who, whether in or outside the Cook Islands, does or omits to do any act to,or in relation to, any person whom he knows to be an internationally protectedperson, if that act or omission constitutes or would, if done or omitted to be donein the Cook Islands, constitute,

(a) A crime referred to or described in any of the provisions of the

Crime Act 1969 specified in the First Schedule to this Act; or

121

(b) An attempt to commit any such crime (where the crime is not itselfconstituted by a mere attempt).

(2) Every one who commits a crime against this section is liable on conviction tothe same penalty to which he would have been liable had he been charged with acrime against the relevant provision of the Crimes Act 1969.

4. Crimes against premises or vehicles

(1) Without limiting anything in the Crimes Act 1969, every one commits acrime who, whether in or outside the Cook Islands, does or omits to do any act

(a) To, or in relation to,

(i) Any premises that he knows to be the official premises orprivate accommodation of any internationally protectedperson; or

(ii) Any vehicle that he knows is used by anyinternationally protected person,

while an internationally protected person is present in those premises or thataccommodation or vehicle; and

(b) Which constitutes, or would, if done or omitted to be done in theCook Islands, constitute,

(i) A crime referred to or described in any of the provisionsof the Crimes Act 1969 specified in the Second Scheduleto this Act; or

(ii) An attempt to commit any such crime (where the crime isnot itself constituted by a mere attempt).

(2) Every one who commits a crime against this section is liable on conviction tothe same penalty to which he would have been liable had he been charged with acrime against the relevant provision of the Crimes Act 1969.

5. Threats against persons

(1) Every one commits a crime who, whether in or outside the Cook Islands,threatens to do any act

(a) To, or in relation to, any person whom he knows to be aninternationally protected person; and

(b) Which constitutes a crime against section 3 of this Act.

(2) Every one who commits a crime against this section is liable on conviction toimprisonment for a term not exceeding

(a) Seven years; or

(b) The term of years prescribed by the relevant provision of theCrimes Act 1969 in respect of the crime that he would have committedhad he carried out his threat in the Cook Islands,

whichever is the lesser.

6. Threats against premises or vehicles

(1) Every one commits a crime who, whether in or outside the Cook Islands,threatens to do any act

(a) To, or in relation to,

(i) Any premises that he knows to be the official premises orprivate accommodation of any internationally protectedperson; or

(ii) Any vehicle that he knows is used by any internationallyprotected person; and

(b) Which constitutes a crime against section 4 of this Act.

(2) Every one who commits a crime against this section is liable on conviction toimprisonment for a term not exceeding three years.

7. Prosecution need not prove certain matters

Notwithstanding anything in sections 3 to 6 of this Act, in anyproceedings brought under any of those sections it shall not be necessary for theprosecution to prove the following matters:

(a) In respect of any internationally protected person to whomparagraph (a) or paragraph (c) of the definition of that term in section 2of this Act applies, that defendant knew, at the time of the alleged crime,the identity of that person or the capacity in which he was internationallyprotected;

(b) In respect of any internationally protected person to whomparagraph (b) of that definition applies, that defendant knew, at the timeof the alleged crime, that the internationally protected person wasaccompanying any other person to who paragraph (a) of that definitionapplies;

(c) In respect of any internationally protected person to whomparagraph (c) of that definition applies, that defendant knew, at the timeof the alleged crime, that the internationally protected person wasentitled under international law to special protection from attack on hisperson, freedom, or dignity;

(d) In respect of any internationally protected person to whomparagraph (d) of that definition applies, that defendant knew, at the timeof the alleged crime, that the internationally protected person was amember of the household of any other person referred to in paragraph (c)of that definition.

Hostages

8. Hostage-taking

(1) Subject to subsection (2) of this section, every one commits the crime ofhostage-taking who, whether in or outside the Cook Islands, unlawfully seizes ordetains any person (in this section called "the hostage"), without his consent, orwith consent obtained by fraud or duress, with intent to compel the Government ofany country or any international intergovernmental organisation or any otherperson to do or abstain from doing any act as a condition, whether express orimplied, for the release of the hostage.

(2) No one shall be convicted of the crime of hostage-taking if

(a) The act of hostage-taking takes place in the Cook Islands; and

(b) The alleged offender and the hostage are Cook Islanders; and

(c) The alleged offender is in the Cook Islands.

(3) Every one commits the crime of hostage-taking is liable on conviction toimprisonment for a term not exceeding 14 years.

General Provisions

9. Amendments to other enactments

(1) The First Schedule to the Extradition Act 1965 of the New ZealandParliament shall have effect as if it had been amended by adding to Part II (assubstituted by section 4(2) of the Extradition Amendment Act 1969 of the NewZealand Parliament and amended by section 3(2) of the Narcotics Amendment Act1970 of the New Zealand Parliament and by section 16 of the Aviation OffencesAct 1973 of the Cook Islands Parliament), in the appropriate columns thereof, thefollowing words:

"The Crimes (Internationally Protected Persons and Hostages) Act 1982of the Parliament of the Cook Islands:

3. Crimes against persons4. Crimes against premises or vehicles5. Threats against persons6. Threats against property or vehicles8. Hostage - taking.

(2) The First Schedule to the Fugitive Offenders Act 1969 (as amended bysection 16 of the Aviation Offences Act 1973) is hereby further amended byadding to the offences specified therewith the following:

"3 1. Crimes against sections 3, 4, 5, 6, and 8 of the Crimes(Internationally Protected Persons and Hostages) Act 1982."

10. Crimes deemed to be included in extradition treaties

(1) For the purposes of the Extradition Act 1965 of the New Zealand Parliamentand any Order in Council having effect as part of the law of the Cook Islands madeunder section 3 of that Act or referred to in section 21 of that Act,

(a) Each crime described in section 3 or section 4 or section 8 of thisAct, including attempting to commit that crime (where it is not itselfconstituted be a mere attempt), aiding, abetting, inciting, counselling, orprocuring any person to commit any such crime, inciting, counselling, orattempting to procure any person to commit any such crime when it isnot in fact committed, and being an accessory after the fact to that crime;and

(b) Each crime described in section 5 or section 6 of this Act,

shall, if not already described in the treaty, be deemed to be an offence describedin any extradition treaty concluded before the commencement of this section andfor the time being having effect as part of the law of the Cook Islands if the foreigncountry party to the extradition treaty is a party to the 1973 Convention or, as thecase may require, the 1979 Convention.

(2) Notwithstanding subsection (1) of this section, no person shall be liable to besurrendered under the Extradition Act 1965 of the New Zealand Parliament inrespect of an act or omission that amounts to a crime to which that subsectionapplies if that act or omission occurred before the date on which the crime wasdeemed by that subsection to be an offence described in the relevant extraditiontreaty.

(3) For the purposes of this section, the expression "foreign country" includesany territory for whose international relations the Government of a foreign country

is responsible and to which the extradition treaty and the 1973 Convention or, asthe cases requires, the 1979 Convention, extends.

1I. Surrender of offenders

(1) Where the surrender of a person is sought under either the Extradition Act1965 of the New Zealand Parliament or the Fugitive Offenders Act 1969 in respectof any act or omission

(a) That amounts to

(i) Any crime described in section 3 or section 4 or section 8of this Act, including attempting to commit any suchcrime (where it is not itself constituted by a mereattempt), aiding, abetting, inciting, counselling, orprocuring any person to commit any such crime, inciting,counselling, or attempting to procure any person tocommit any such crime when it is not in fact committed,and being an accessory after the fact to any such crime, or

(ii) Any crime described in section 5 or section 6 of this Act;and

(b) For which the person whose surrender is sought could be tried andpunished in the country seeking surrender, being a country that is a partyto the 1973 Convention or, as the case may require the 1979 Convention,

that act or omission shall be deemed to have been committed within thejurisdiction of that country notwithstanding that it was committed outside theterritory of that country.

(2) Without limiting subsection (1) of this section, where any act or omission towhich that subsection applies occurred in the Cook Islands, the Extradition Act1965 of the New Zealand Parliament and the relevant extradition treaty, or (as thecase may require) the Fugitive Offenders Act 1969, shall apply with any necessarymodifications as if the act or the omission had occurred outside the Cook Islands.

(3) In this section, the term "country" includes any territory for whoseinternational relations the Government of a country is responsible and to which theextradition treaty (if any) and the 1973 Convention or, as the case may be, the1979 Convention, extends.

12. Restrictions on surrender of offenders

(1) Notwithstanding sections 9 and I I of this Act, or the Extradition Act 1965 ofthe New Zealand Parliament, a person whose surrender is sought in respect of anyact or omission that amounts to a crime under section 8 of this Act shall not besurrendered from the Cook Islands to another country if it appears to the Minister

of Justice, or to the High Court on that person being before it or to the High Courtor a Judge thereof on an application for a writ of habeas corpus, that

(a) The surrender of the accused person, although purporting to havebeen sought in respect of such a crime, was sought for the purpose ofprosecuting or punishing him on account of his race, ethnic origin,religion, nationality, or political opinions;

(b) If the accused person is surrendered,

(i) He may be prejudiced at his trial, or punished, detained,or restricted in his personal liberty, by reason of his race,ethnic origin, religion, nationality, or political opinions;or

(ii) His position may be prejudiced because communicationwith him by the appropriate authorities of the country thatis entitled in international law to exercise rights ofprotection in respect to the accused person cannot beeffected.

(2) Notwithstanding sections 9 and 11 of this Act or any other Act, the HighCourt shall not, without the consent of the Minister of Justice, order the surrenderof any person whose surrender is sought in respect of any act or omission thatamounts to a crime against sections 3 to 8 of this Act, if it appears to the Courtthat, in respect to the act or omission, the person has been sentenced to death or isliable to be so sentenced by the appropriate authority in the country to which hissurrender is sought.

13. Further restrictions on surrender of offenders

(1) Notwithstanding sections 9 to 11 of this Act or any other Act, no person shallbe surrendered from the Cook Islands to another country in respect of any act oromission that amounts to a crime against sections 3 to 8 of this Act if proceedingshave been brought in the Cook Islands against that person in respect of the act oromission.

(2) Notwithstanding sections 9 to 11 of this Act or any other Act, but subject tosubsection (3) of this section, the High Court shall not order the surrender, or thecommittal for purposes of surrender of a person to another country in respect of anact or omission that amounts to a crime against any of sections 3 to 8 of this Act, ifthe Attorney-General certifies that the case is being or is about to be considered todetermine whether or not proceedings should be brought in the Cook Islandsagainst that person in respect of the act or omission.

(3) If, in any case to which subsection (2) of this section applies, it issubsequently determined that proceedings should not be brought in the CookIslands against the person in respect of the act or omission, the Attorney-General

shall advise the High Court accordingly, and the High Court shall proceed with thematter as if the Attorney-General's certificate had never been given.

14. Attorney-General's consent required to prosecutions

(1) Subject to subsection (2) of this section, no proceedings for the trial andpunishment of any person charged with a crime against any of sections 3 to 8 ofthis Act shall be instituted in the High Court except with the consent of theAttorney-General.

(2) A person charged with a crime against any of those provisions may bearrested, or a warrant for his arrest may be issued and executed, and he may beremanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the institution of a prosecution for the crime has not been obtained, butno further proceedings shall be taken until that consent has been obtained.

15. Evidence

For any purpose in connection with this Act, a certificate given by theSecretary to the Department of External Affairs, certifying

(a) Any fact relevant to the question of whether a person was or wasnot an internationally protected person at any material time; or

(b) That any country is or is not, or was or was not at any material time,a party to the 1973 Convention or to the 1979 Convention; or

(c) That the Government of any country is or is not, or was or was notat any material time, responsible for the international relations of anyterritory,

shall be sufficient evidence of that fact.

16. Application of certain provisions of Crimes Act

Nothing in section 7 of the Crimes Act 1969 (which relates tojurisdiction in respect of crimes on ships or aircraft beyond the Cook Islands) or insection 412 of that Act (which requires the consent of the Attorney-General toproceedings in certain cases for offences on ships or aircraft) shall apply withrespect of any proceedings brought under any of sections 3 to 8 of this Act.

17. Other Acts not affected

Nothing in this Act shall limit or affect the Entry, Residence, andDeparture Act 1971-72, the Aviation Offences Act 1973, nor, except as expresslyprovided in this Act, the Crimes Act 1969.

SCHEDULES

FIRST SCHEDULE

Section 3(1)

CRIMES AGAINST INTERNATIONALLY PROTECTED PERSONS

Section of the Crimes Subject-matterAct 1969141 Rape142 Attempt to commit rape187, 188 Murder191 Manslaughter193 Attempt to murder194 Counselling or attempting to procure murder196 Accessory after the fact of murder208 Wounding with intent209 Injuring with intent211 Aggravated wounding or injury212 Aggravated assault219 Disabling220 Discharging firearm or doing dangerous act with intent221 Acid throwing222 Poisoning with intent223 Infecting with disease231 Kidnapping

SECOND SCHEDULE

Section 4(1)

CRIMES AGAINST PREMISES OR VEHICLES OF INTERNATIONALLYPROTECTED PERSONS

Section of the Crimes Subject-matterAct 1969317 Arson318 Attempted arson319 Damage to other property by fire or explosive320 Attempt to damage property by fire or explosive321 Wilful damage323 Interfering with means of transport

XI. CUBA22

1. PENAL CODE23

Section VII of Chapter 11, Title I:

Article 106

Anyone who, with the aim of affecting the security of the State,manufactures, provides, sells, transports, delivers, brings into the country or has inhis possession, in any form and anywhere, flammable, explosive, asphyxiating ortoxic substances or instruments, chemical or biological agents, or any otherelements which when combined may give rise to products of the nature described,or any other, similar substance or artefact designed to produce effects of thenature described in articles 104 and 105, shall be subject to a penalty of 10 to 20years' imprisonment, or death.

Article 107

1. Anyone who, for the purpose of affecting the security of the State,carries out an act against the life, physical integrity, liberty or personal security ofa leader of the Communist Party of Cuba, the State or the Government, or againstmembers of his family, shall be subject to a penalty of 10 to 20 years'imprisonment, or death.

2. If the act is aimed at destroying or seriously damaging property atthe disposal of the persons referred to in the preceding paragraph, the penaltyshall be one to eight years' imprisonment, unless any of the circumstancesreferred to in article 105 are also present, in which case the applicable penaltyshall be as provided for in that article.

Article 108

Anyone who, for the purpose of affecting the security of the State,adulterates food or other types of substances or products intended for publicconsumption, so that they become capable of causing death or serious healthdisorders, shall be subject to a penalty of 10 to 20 years' imprisonment, or death.

22 Transmitted to the Secretariat by that Government on 18 June 2001.23 Approved by Act 62 of 29 December 1987.

XII. ECUADOR 24

1. PENAL CODE

CHAPTER III

Offences against State security

Article 147

Anyone who promotes, leads or takes part in guerrilla organizations,commandos, combat groups or terrorist groups or cells whose purpose is toundermine law and order or to take the place of, attack or interfere with the normalfunctioning of the public security forces shall be punishable by a prison term offour to eight years and a fine of 1000 to 2000 sucres.

CHAPTER IV

The offences of sabotage and terrorism

Article 156

Any physician, nurse, pharmacist, medical practitioner, employee of ahealth establishment or proprietor of a pharmacy or chemist's shop who, againstthe orders of the competent authority, paralyses services or refuses to cooperatewith those who need such services shall be sentenced to imprisonment for a periodof one to five years and a fine of 400 to 800 sucres.

The maximum penalties under this article shall be applied to members ofprofessional organizations who have incited others to commit such acts, if theyhave in fact been committed.

Article 157

Any person who, in the case of a fire, flood, shipwreck or other disaster,removes, conceals or disables any material object or other life-saving or rescuedevice or means of combating the danger shall be sentenced to medium-termordinary imprisonment for a period of three to six years and a fine of 100 to 300sucres. The same penalty shall be applied to anyone who interferes with servicesbeing provided for the same purposes.

24 Transmitted to the Secretariat by that Government on 12 February 1996.

If personal injuries result from the act, the penalty shall be from six tonine years of medium-term ordinary imprisonment and a fine of 1,000 to 3,000sucres; and if the death of one or more persons results, the penalty shall be long-term extraordinary imprisonment for a period of 12 to 16 years and a fine of 3,000to 10,000 sucres.

Article 158

Any person who, outside of the cases provided for in this Code, destroys,deteriorates, disables, interrupts or paralyses public services, industrial or factoryinstallations, shopping centres, ports, canals, dams, mines, gunpowder depots,vehicles or any other transport facility, public or private electric power, drinkingwater, gas or similar installations or radio, telephone, telegraph or televisioninstallations or any other system of transmission, warehouses containingmerchandise, explosives, lubricants, fuels or raw material to be used for productionor national consumption, or any other type of similar storage facility with theintention of provoking a state of fear in the general public shall be sentenced tolong-term ordinary imprisonment for a term of 8 to 12 years and a fine of 1,000 to2,000 sucres.

If personal injuries result from the act, the penalty shall be the maximumindicated in the previous paragraph; and if the death of one or more personsresults, the penalty shall be long-term extraordinary imprisonment for a period of12 to 16 years and a fine of 2,000 to 5,000 sucres.

Article 159

Any person who, outside of the cases provided for in this Code, impedes,disorganizes or disturbs the collection, production, transport, storage ordistribution of raw materials, processed or extracted products, machinery or anyother means of production, with the intention of provoking a state of fear in thegeneral public, shall be sentenced to imprisonment for a period of one to threeyears and a fine of 200 to 500 sucres.

Article 160

Any person who, with the intention of provoking a state of fear in thegeneral public, introduces, manufactures, possesses or provides arms, ammunition,explosives, flammable or asphyxiating substances or other deadly weapons, ormaterials intended to be used to produce such articles shall be sentenced tomedium-term ordinary imprisonment for a period of three to six years and a fine of1,000 to 2,000 sucres.

Reform:

Article 1. Article 160 of the Penal Code shall read:

Any person who, with the intention of provoking a state of fear in thegeneral public or committing offences against the public security of persons andproperty, using any type of means, instruments or resources, manufactures,provides, acquires, removes, sets off, uses, introduces into the country or possessesarms, ammunition, bombs, radioactive materials, explosives, flammable,asphyxiating or toxic substances or substances or materials intended to be used toproduce such articles, shall be sentenced to medium-term ordinary imprisonmentfor a period of three to six years and a fine of 5,000 to 10,000 sucres.

If personal injuries result from the aforementioned acts, the penalty shallbe the maximum indicated in the previous paragraph; and if the death of one ormore persons results, the penalty shall be long-term extraordinary imprisonmentfor a period of 12 to 16 years and a fine of 10,000 to 20,000 sucres.

If the criminal acts exclusively affect property, in addition to the penaltyindicated in the first paragraph the offender shall be required to compensate for thedamage caused.

Article 2. The following paragraphs shall be added to article 160:

"Any person who, individually or as a member of such associations asguerilla groups, organizations, gangs, commandos, terrorist groups, montoneras(rebel bands) or any other similar group, whether or not armed, and claiming tohave patriotic, social, economic, political, religious, revolutionary, vindictive,proselytizing, racial, community- or region-related or other aims, commitsoffences against the public security of persons or communities of any type, oragainst their property, whether by assaulting, attacking or destroying buildings,banks, warehouses, shops, markets, offices, etc.; or by raiding or invading houses,apartments, secondary and elementary schools, institutes, hospitals, clinics,convents, public security or police, military or paramilitary installations; or byremoving or confiscating property or valuables of any kind and amount; or byabducting persons, vehicles, ships or aircraft to demand ransom, to press for ordemand changes in laws or in legally issued orders and provisions or to require thecompetent authorities to release persons being tried or sentenced for common orpolitical offences, etc.; or by occupying, through threat or intimidation, public orprivate places or services of any nature or type; or by raising barricades, parapets,fences or other obstacles for the purpose of blocking the forces of law and order inorder to further their own intentions, plans, theses or manifestos; or by in any wayattacking the community, its property or services, shall be sentenced to long-termordinary imprisonment for a period of four to eight years and a fine of 20,000 to50,000 sucres.

If personal injury results from the above-mentioned criminal acts, theoffenders shall be sentenced to the maximum penalty indicated in the previous

paragraph, and, if the death of one or more persons results, the penalty shall belong-term extraordinary imprisonment for a period of 12 to 16 years and a fine of50,000 to 100,000 sucres.

If the acts referred to in the first paragraph of this article exclusivelyaffect property, the offender or offenders, in addition to the penalty indicated in thefirst paragraph, shall be required to compensate for the damage they have caused.

(Supreme Decree 1273, Official Register 705; 19-XII-74).

Reform:

Article I. In the second paragraph of article 160 established by DecreeNo. 1273 of 9 December 1974, published in Official Register No. 705 of19 December 1974, for the words "long-term extraordinary imprisonment for aperiod of 12 to 16 years" read "long-term special imprisonment of from 16 yearsand one day to 25 years" and for "10,000 to 20,000 sucres" read "20,000 to 50,000sucres".

Article 12. In the second paragraph of article 2 of Decree No. 1273,referred to in the previous paragraph, for the words "long-term extraordinaryimprisonment for a period of 12 to 16 years", read "long-term specialimprisonment of from 16 years and one day to 25 years".

(Supreme Decree 2636, Official Register 621: 4-VII-78).

Replacement:

Article 2. The first paragraph of article 160 of the Penal Code,established by Supreme Decree No. 1273 of 9 December 1974 and published inOfficial Register No. 705 of 19 December 1974, shall be replaced by the followingparagraph:

"Any person who, with the intention of committing offences against thepublic security of persons and property, manufactures, provides, acquires,removes, sets off, uses or introduces into the country arms, ammunition, bombs,explosive, asphyxiating or toxic substances or substances or materials intended tobe used to produce such articles shall be sentenced to medium-term imprisonmentfor a period of three to six years and a fine of 5,000 to 10,000 sucres."

(Decree Law, Official Register 36: 1-X-79).

Article 161

Any person who, without justification, enters offices to which the publicor individuals have been denied access, or military or police bases, ships, aircraft,transports, barracks, factories or depots or, in general, security zones established

by the competent authority shall be sentenced to imprisonment for a period of sixmonths to two years and a fine of 500 to 1,000 sucres".

If personal injuries result from the act, the penalty shall be medium-termordinary imprisonment for a period of three to six years and a fine of 2,000 to5,000 sucres, and if the death of one or more persons results, the penalty shall belong-term extraordinary imprisonment for a period of 12 to 16 years and a fine of5,000 to 10,000 sucres.

Article 162

Individuals who, without the necessary permit and without dueexplanation, bear arms intended for use by the military or police shall be sentencedto imprisonment for a period of six months to one year and a fine of 100 to 500sucres.

Article 163

Any person who gives or receives military instruction withoutpermission from the competent authority shall be sentenced to imprisonment for aperiod of six months to one year and a fine of 400 to 800 sucres.

Article 164

Terrorist aggression, provided that the act does not constitute a moreserious offence, perpetrated against government officials or employees or againsttheir property shall be sentenced to medium-term ordinary imprisonment for aperiod of three to six years and a fine of 1,000 to 2,000 sucres.

If personal injuries result, the penalty shall be medium-termimprisonment for a period of six to nine years and a fine of 1,000 to 5,000 sucres.If the death of one or more persons results, the penalty shall be long-termextraordinary imprisonment for a period of 12 to 16 years and a fine of 3,000 to10,000 sucres.

Article 165

In cases not provided for in this Code, terrorist threats, by whatevermeans, shall be punished by imprisonment for a period of three months to one yearand a fine of 100 to 500 sucres.

Article 166

Where the offences provided for in this chapter were committed byforeigners who have become naturalized in Ecuador, in addition to the penaltyimposed, their naturalization card shall be cancelled and they shall be expelledfrom the country after they have served their sentence.

XIH. EGYPT 25

1. PENAL CODE

CHAPTER II: INTERNAL CRIMES AND OFFENCES AGAINST THEGOVERNMENT

Part 126

Article 86

In the context of the application of the provisions of this Act, terrorism isdefined as any use of force, violence, threat, or intimidation resorted to by aperpetrator in the implementation of an individual or collective criminal enterpriseaimed at disrupting public order or endangering the safety and security of society,injuring or terrorizing persons, endangering their lives, liberties or security,causing damage to the environment or to communications, seizing control ofcommunications, preventing or obstructing the activities of public authorities,places of worship or education, or interfering with the application of theConstitution, law, and statutes.

Article 86 bis

Any person involved in founding, establishing, organizing or directing,in contravention of the provisions of the law, a society, association, organization,group or gang, the aims of which include using any means to call for thesuspension of the provisions of the Constitution or the law, prevent anyGovernment institution or public authority from performing its duties, infringe thepersonal liberty of any citizen or any of the other universal liberties and freedomsguaranteed by the Constitution or the law, or impair national unity or public peace,shall be liable to a term of imprisonment.

Any person who holds a position of leadership or command in such anorganization, or furnishes it with material or financial aid in full awareness of theobjective to which it subscribes shall be liable to a fixed term of imprisonmentwith hard labour.

Any person who, well aware of its aims, joins or associates in any waywith one of the societies, associations, organizations, groups or gangs specified inthe preceding paragraph shall be liable to a term of imprisonment not exceedingfive years.

2s Transmitted to the Secretariat by that Government on 2 May 2000.

26 The articles in this Part are appended to Act No. 97 of 1992, Official Gazette No. 29 bis of

18 July 1992.

Any person who, through speech, writing, or any other means, promotesthe aims referred to in the first paragraph shall be sentenced to the penaltyspecified in the preceding paragraph. The same penalty shall apply to any personwho, in person or through an intermediary, possesses or acquires publications,printed matter or recorded material of any kind which condone or advocate any ofthe aforementioned objectives and is designed for distribution or for perusal byothers. The same penalty shall also apply to any person who, even on a temporarybasis, possesses or acquires any printing, recording or broadcasting device, used orintended for use, in printing, recording or broadcasting any of the aforementionedmaterial.

Article 86 bis (a)

When terrorism is among the means employed in order to realize orimplement the objectives subscribed to by the society, association, organization,group or gang referred to in the first paragraph of the preceding article, the penaltyfor the crime specified in that paragraph shall be capital punishment or lifeimprisonment with hard labour. The same penalty shall apply to any person who,aware of its aims and the means used in order to realize or implement those aims,furnishes such a body with arms, ammunition, explosives, supplies, equipment,funding or intelligence.

When terrorism is among the means employed in order to realize orimplement the objectives subscribed to by the society, association, organization,group or gang referred to in the second paragraph of the preceding article, or if theperpetrator is a member of the armed forces or police, the penalty for the crimespecified in that paragraph shall be imprisonment with hard labour.

If the society, association, organization, group or gang referred to in thepreceding article employs terrorism in order to realize or implement the objectivesto which it subscribes, or if the promotion or advocacy occurs within places ofworship, places designated for the armed forces or the police, or among membersof those two bodies, the penalty for the crime specified in the third paragraph ofthe preceding article shall be a term of imprisonment no greater than 10 years.

Article 86 bis (b)

Any member of any of the societies, associations, organizations, groupsor gangs referred to in article 86 bis who employs terrorism in order to compelanother person to join or remain an active member of such a body shall be liable tolife imprisonment with hard labour.

When his actions cause the death of the victim, the perpetrator shall beliable to the death penalty.

Article 86 bis (c)

Any person who operates on behalf of a foreign State or a society,association, organization, group or gang based outside the country, or who acts inthe interests of any such body shall be liable to life imprisonment with hardlabour. The same penalty shall apply to any person who exchanges intelligencewith any such body or person with a view to engaging in terrorist activity withinEgypt or against its property, institutions, officials, diplomatic representatives orcitizens carrying out their duties or while abroad, or who takes part in thecommission of any of the aforementioned acts.

The death penalty shall be applicable when a crime or an attempted

crime results from such acts or exchange of intelligence.

Article 86 bis (d)

Any Egyptian who, without written permission from the competentGovernment authority, cooperates with or enlists in the armed forces of a foreigncountry, or cooperates with or enlists in a terrorist society, association,organization, group or gang, by whatever name it is called, which is based outsidethe country and uses terrorism or military training in order to realize its goals,even if its activities are not directed against Egypt, shall be liable to a term ofimprisonment with hard labour.

When the perpetrator has received military training from such anorganization or participated in operations not directed against Egypt, the penaltyshall be life imprisonment with hard labour.

Article 877

Any person who uses force in order to attempt to overthrow or alter theConstitution of the State, its republican system or form of Government shall beliable to life imprisonment with hard labour or a lesser term.

When the crime is committed by an armed gang, any persons whobelonged to or held a leadership or command position of any kind in such a gangshall be liable to the death penalty.

Article 88

Any person who hijacks any means of air, land or sea transportation,endangering those aboard, shall be liable to imprisonment with hard labour.

When the perpetrator uses terrorism, the aforementioned act results ininjuries to any persons, inside or outside the means of transportation, of the typespecified in articles 240 and 241 of this Act, and when the perpetrator uses force

27 This replaces Act No. 112 of 1957, Official Gazette No. 29 bis of 19 May 1957.

138

or violence to obstruct the public authorities in the performance of their duty toregain control of the means of transportation, the penalty shall be lifeimprisonment with hard labour. When the act results in the death of a personinside or outside such a means of transportation, the death penalty shall beapplicable.

Article 88 bis

Any person who, other than under the conditions stated in the laws andstatutes, seizes any other person, or detains or confines any person as a hostagewith a view to influencing thereby the performance by the public authorities oftheir duties, or obtaining any type of advantage or preference shall be liable toimprisonment with hard labour.

The same penalty shall also be applied to any person who facilitates orplans to facilitate the escape of any person arrested for the crimes specified in thisPart.

When the perpetrator uses force, violence, threat or terrorism, representshimself fraudulently, wears the uniform of a Government official withoutauthorization, displays any counterfeit warrant purportedly issued by theGovernment; when the act results in such injuries as are specified in articles 240and 241 of this Act, or when he obstructs the public authorities in the performanceof their duty to free the hostage or the person seized, the penalty shall be lifeimprisonment with hard labour.

The death penalty shall be applicable when the act causes the death of aperson.

Article 88 bis (a)

Any person who obstructs anyone attempting to implement theprovisions of this Part, or who uses force, violence or the threat of force orviolence against such a person, shall be liable to imprisonment with hard labour,without prejudice to any more severe penalty.

When such obstruction results in permanent disability, the perpetrator isarmed, or abducts or detains any person attempting to implement the provisions ofthis Part, or any member of his family, the penalty shall be life imprisonment withhard labour.

The death sentence shall be applicable when such obstruction or use or

threat of force or violence causes the death of the victim.

Article 88 bis (b)

The provisions of articles 82, 83, 95, 96, 97, 98 and 98 (e) of this Actshall apply to the crimes specified in this Part.

139

In the case of a decision to impound property, care will be taken not toprejudice to the rights of innocent third parties.

Should the competent minister consider that legally impounded articlesare required by the impounding agency in order to eradicate terrorism, such articleshall be allocated to that agency.

Article 88 bis (c)

When a conviction has been obtained for one of the crimes specified inthis Part, the provisions of article 17 of this Act may not be applied except in caseswhere the Act provides for the death penalty or life imprisonment with hardlabour. The death penalty may be commuted to life imprisonment with hardlabour, and life imprisonment with hard labour may be commuted to a term ofimprisonment with hard labour of no less than 10 years.

Article 88 bis (d)

In the situations specified in this Part, one or more of the followingmeasures may also be taken in addition to the prescribed sentence:

- Prohibition of residence in a particular place or defined region;

- Confinement to residence in a particular place;

- Prohibition from frequenting a particular place or places.

In all cases, the maximum term for the additional measure shall be fiveyears.

Any person who violates such an additional measure shall be liable to aterm of imprisonment of no less than six months.

Article 88 bis (e)

Any person who spontaneously provides the administrative or judicialauthorities with information before the crime is committed or an investigation isundertaken shall be exempted from the penalties prescribed for the crimesindicated in this Part. If such information is provided after the crime has beencommitted but before the investigation has begun, the court may exempt theinformant from the penalty.

The court may also waive the penalty when the perpetrator enables theinvestigating authorities to arrest the other perpetrators of the crime, or theperpetrators of another crime of similar nature and gravity.

Article 89

Any person who belongs to a gang which attacks people of a particulardenomination or puts up armed resistance to public officials who are carrying outthe law shall be liable to the death penalty, as shall any person who occupies aposition of leadership or command in such a gang.

Any person who belongs to such a gang but did not take part in itsformation or occupy a position of command in it shall be liable to lifeimprisonment with hard labour or a lesser term.

Part II

Article 89 bis28

Any person who deliberately destroys, by any means, any productionfacility or fixed or movable assets belonging to one of the parties specified inarticle 119, with the intention of damaging the national economy, shall be liable tothe penalty of life imprisonment with hard labour, or a lesser term.

The penalty shall be life imprisonment with hard labour when imposedfor a crime which caused significant damage to the national economy or tonational interests, or when the crime is committed in time of war.

In all cases, the perpetrator shall be ordered to pay reparations for thedamage caused.

Any person involved in the crime, other than those who instigated it,may be exempt from punishment if they provide the judicial or administrativeauthorities with information about the crime subsequent to its perpetration andprior to the passing of final judgement.

Article 90

Any person who deliberately destroys public or Government buildingsor property, public facilities or institutions or institutions that are legallyconsidered to be public shall be liable to a maximum term of imprisonment of fiveyears. The maximum sentence shall be doubled in cases where the crime wascommitted with a view to furthering a terrorist aim.

A sentence of life imprisonment with hard labour, or a lesser term, shallbe imposed if the crime takes place at a time of disturbance or unrest, or iscommitted in order to spread fear amongst the population or provoke anarchy.

28 Appended to Act No. 63 of 1975, Official Gazette No. 31 bis of 31 July 1975.29 This first appeared in Act No. 120 of 1962. It was then amended in Act No. 97 of 1992,

Official Gazette No. 29 bis of 18 July 1992.

Should the crime result in the death of any person who was in theaforementioned places, the death penalty shall be imposed.

In all cases, the perpetrator shall be ordered to pay reparations for thedamage caused.

Article 90 bis 0

Any person who uses force in an attempt to occupy a public orGovernment building or a public facility or institution shall be liable to a sentenceof life imprisonment with hard labour, or a lesser term.

If the crime was perpetrated by an armed group, those who formed orplayed a leading role in the group shall be liable to the death penalty.

Article 91

Any person who, with criminal intent, assumes the leadership of amilitary or naval division, commandeers a military vessel or aircraft, or occupies amilitary post, a port or a town without authorization from the Government orwithout legitimate cause, shall be liable to the death penalty, as shall any personwho disregards Government orders to relinquish any form of military command,or the head of any military unit who seeks to keep his men under arms after theorder has been given to demobilize.

Article 92"'

Any person who is in a position of authority over persons in the armedforces or the police, and who orders or authorizes them to disobey Governmentorders for criminal purposes, shall be liable to a term of imprisonment with hardlabour. When failure to implement Government orders is linked to a crime, a termof life imprisonment with hard labour or the death penalty may be imposed. Aperson of lower rank who obeyed such orders shall be liable to a term ofimprisonment with hard labour.

Article 9332

Any person who appoints himself to or accepts the leadership of anarmed group with a view to taking illegal possession of land or property belongingto the Government or to a group of people, or in order to resist a military forceauthorized to pursue the perpetrators of such crimes, shall be liable to the deathpenalty.

'0 Appended to Act No. 112 of 1957, Official Gazette No. 39 bis of 19 May 1957.31 This first appeared in Act No. 112 of 1957, Official Gazette No. 39 bis of 19 May 1957.32 This first appeared in Act No. 112 of 1957, Official Gazette No. 39 bis of 19 May 1957.

142

Any other member of such an armed group shall be liable to a term ofimprisonment with hard labour.

Article 94

Any person who directs or organizes the activity of a group such as wasspecified in the preceding article, who knowingly provides it with or procures forit arms, matiriel or equipment used in the perpetration of crimes, or who entersinto any form of criminal communication with the leadership or commandstructure of such a group, shall be liable to a term of imprisonment with hardlabour, as shall anyone who, being aware of its purposes and nature, provides sucha group with accommodation, places of refuge or meeting places.

Article 95"3

Any person who instigates the perpetration of one of the crimesspecified in articles 87, 89, 90, 90 bis, 91, 92, 93 and 94 of this Act shall be liableto a term of imprisonment with hard labour, or to imprisonment if such instigationdoes not result in a crime.

Article 9614

The aforementioned penalties shall apply to anyone who takes part in acriminal conspiracy, whether the purpose of that conspiracy was the perpetrationof the crimes specified in articles 87, 89, 90, 90 bis, 91, 92, 93 and 94 of this Actor to use the conspiracy as a means of achieving the desired aim. Any person whoinstigated such a conspiracy or who was involved in directing activity relatedthereto shall be liable for life imprisonment with hard labour.

Any person who, while not directly involved in the perpetration of thecrime, provides material or financial incentives for the perpetration of one of thecrimes specified in articles 87, 89, 90, 90 bis, 91, 92, 93 and 94 of this Act, shallbe liable to a term of imprisonment with or without hard labour.

Article 975

Any person who urges another to become part of a conspiracy, the aimof which is to perpetrate one of the crimes specified in articles 87, 89, 90, 90 bis,91, 92, 93 and 94 of this Act, shall be liable to a term of imprisonment even if hemeets with no response.

3 This first appeared in Act No. 112 of 1957, Official Gazette No. 39 bis of 19 May 1957.3 This first appeared in Act No. 112 of 1957, Official Gazette No. 39 bis of 19 May 1957.35 This first appeared in Act No. 112 of 1957, Official Gazette No. 39 bis of 19 May 1957.

143

Article 986

Any person who is aware of plans to perpetrate one of the crimesspecified in articles 87, 89, 90, 90 bis, 91, 92, 93 and 94 of this Act, and who failsto inform the competent authorities, shall be liable to a term of imprisonment.

The punishment provided for in this Article shall not be applicable to the

spouse, forebears or descendants of any person involved in such plans.

Article 98 (af

Any person involved in founding, establishing, organizing or directingany society, association or organization, the aims of which include ensuring thedominance of one sector of society over another, exterminating another socialsector, overthrowing the basic national social or economic systems, destroying anyof the basic systems of the social structure, or supporting or promoting any of theforegoing, in the course of which force or terrorist acts or any other illegitimatemeans are employed, shall be liable to a period not exceeding ten years ofimprisonment with hard labour and to a fine of no less than LE 100 and no morethan LE 1,000.

Any foreigner resident in Egypt and any Egyptian, even if residentabroad, shall be liable to the same penalties, if involved in founding, establishing,organizing or directing any foreign branch of such a group, association ororganization as is mentioned above, or involved in founding, establishing,organizing or directing in Egypt any branch of one such group, association ororganization, even if its headquarters is abroad.

The penalty for any person who joins or is in any way involved with oneof the groups, associations or organizations mentioned in the two precedingparagraphs, or a branch thereof, shall be a term of imprisonment and a fine of noless than LE 50 and no more than LE 200.

The penalty for any person who, for unlawful purposes, communicates,either directly or through an intermediary, with one of the aforementioned groups,associations or organizations or a branch thereof, or who encourages or makes iteasy for another so to do, shall be a term of imprisonment not exceeding fiveyears.

Article 98 (a) bis?8

Any person involved in founding, organizing or directing any society,association, organization or group, the aims of which include encouraging all

36 This first appeared in Act No. 112 of 1957, Official Gazette No. 39 bis of 19 May 1957.37 This first appeared in Act No. 635 of 1954, Official Gazette No. 94 bis of 25 November1954.3S Appended to Act No. 34 of 1970.

forms of resistance to the basic principles on which the State socialist system ofgovernment is based, fomenting hatred of or contempt for those principles,challenging the alliance of the labouring masses, fomenting resistance to thepublic authorities, and promoting or approving any of the foregoing, shall be liableto a term of imprisonment and to a fine of no less than LE 100 and no more thanLE 1,000.

In cases where force, violence or terrorism is involved, the penalty shallbe a fixed term of imprisonment with hard labour and a fine of no less than LE500 and no more than LE 1,000.

The penalty for any person who, well aware of its aims, joins or is in anyway involved with any such society, association, organization or group, shall be aterm of imprisonment not exceeding five years and a fine of no less than LE 50and no more than LE 500.

The penalty provided for in the preceding paragraph shall be applied toany person who in any way foments resistance to the basic principles on which theState socialist system of government is based, foments hatred of or contempt forthose principles, challenges the alliance of the labouring masses or provokesresistance to the public authorities, and to any person who, personally or throughan intermediary, owns or obtains written materials or publications which promoteor encourage any of the foregoing, if they are intended for distribution or forperusal by others. The same penalty shall also be applied to any person who, evenon a temporary basis, possesses or acquires any form of private printing press,recording or broadcasting device with a view to printing, recording orbroadcasting any material relating to the above.

Article 98 (b)' 9

Any person who, in the Arab Republic of Egypt, agitates for any form ofchange to the basic principles of the Constitution or the basic systems of society,for the predominance of one sector of society over others, for the suppression of aparticular social sector, the overthrow of the basic national economic or socialsystems or destruction of any of the basic social structures, and the use of force,terrorism or any other illegitimate means is involved, shall be liable to the penaltyof a term of imprisonment of no more than five years and a fine of no less than LE50 and no more than LE 500.

The same penalties shall be applicable to any person who in any wayapproves the aforementioned acts.

'9 Appended to Act No. 17 of 1946, Official Gazette No. 84 of 19 August 1946.

Article 98 (b) bis 0

Any person who, in person or through an intermediary, possesses oracquires printed matter or publications which condone or advocate any of the actsprovided for in articles 98 (b) and 174 and are intended for distribution or forperusal by others, and any person who, even on a temporary basis, possesses oracquires any form of private printing press, recording or broadcasting device witha view to printing, recording or broadcasting any appeals, statements orpropaganda on behalf of a movement, society, association or organization, theaims of which include those outlined in the two aforementioned articles, shall beliable to a term of imprisonment no greater than five years and a fine of no lessthan LE 50 and no more than LE 500.

Article 98 (c)4"

Any person who, without permission from the Government, founds,establishes, organizes or directs in the Arab Republic of Egypt any type ofinternational society, association or organization, or a branch thereof, shall beliable to a penalty of a term of imprisonment not exceeding six months or to a fineof no more than LE 500.

The maximum penalty shall be doubled if permission was obtained onthe basis of false information.

A penalty of a term of imprisonment of no more than three months or afine of no more than LE 300 shall be applicable to any person who joins such asociety, association or organization and to any Egyptian national resident in theArab Republic of Egypt who, without permission from the Government, joins or isin any way involved with any such body with headquarters abroad.

Article 98 (d)42

Any person who, in person or through any kind of intermediary, donatesto or accepts from an individual or an institution money or any type of facility,inside or outside Egypt, with a view to the perpetration of one of the crimesspecified in articles 98 (a), 98 (a) bis, 98 (b), 98 (c) and 174 of this Act, shall beliable to a prison sentence of no more than five years and a fine of no less than LE100 and no more than LE 1,000.

The same penalties shall be applicable to any person who encourages,through the provision of financial or material assistance, the perpetration of one ofthe crimes specified in the Articles mentioned in the preceding paragraph, even ifsuch person had no intention of being directly involved.

40 Appended to Act No. 635 of 1954.4' Appended to Act No. 29 of 1982, Official Gazette No. 16 of 22 April 1982.42 This first appeared in Act No. 34 of 1970, Official Gazette No. 22 of 28 May 1970.

Article 98 (e) 3

In the circumstances provided for in articles 98 (a), 98 (a) bis and 98 (c)of this Act, the Court shall rule that the particular society, association,organization, group or branch shall be disbanded and its premises closed down.All property, effects, equipment, documents and other items which could havebeen employed in the perpetration of the crime, were being prepared for use, orwere found on the premises used as meeting places by members of the society,association, organization, group or branch, shall be confiscated, as shall all moniesobtained as a result of the crime, or which appear to be part of the property of theconvicted party, provided there is evidence that such monies were in fact intendedfor the use of the aforementioned society, association, organization, group orbranch.

Article 98 (0)4

Any person who makes use of religion in order to promote or condoneextremist views, whether in speech, writing or any other form, with the aim offomenting unrest, offence, contempt for the revealed religions or for particulardenominations thereof, or damaging national unity or the well-being of society,shall be liable to a prison sentence of no less than six months and no more thanfive years, and a fine of no less than LE 500 and no more than LE 1,000.

Article 9945

Any person who uses force or threats or any other illegitimate means inorder to coerce the President of the Republic into performing or refraining fromcarrying out any of his legal duties shall be liable to a life or shorter term ofimprisonment with hard labour. The penalty shall be a fixed term of imprisonmentwith hard labour or a prison sentence in such cases involving ministers, deputyministers or any member of parliament.

Article 100

No person who was a member of one of the groups specified in theprovisions of this Part, who had no leadership or other role and who left the groupat the first warning from the civil or military authorities or subsequent to awarning given when detained unarmed and putting up no resistance in a locationfar removed from the places where insurrectionary meetings were held, shall beliable to any punitive measures for fomenting civil strife.

In such cases, he shall be liable to punitive measures only for suchcrimes as he has personally committed.

" This first appeared in Act No. 34 of 1970, Official Gazette No. 22 of 28 May 1970."Appended to Act No. 29 of 1982, Official Gazette No. 16 of 22 April 1982.41 This first appeared in Act No. 112 of 1957, Official Gazette No. 39 bis of 19 May 1957.

147

Article 101

The penalties provided for the committing of sexual assault shall not beapplicable to any person who, before the planned rape is committed and beforeany Government investigation thereof is undertaken, spontaneously provides theGovernment with information on the perpetrators and instigators of and thoseinvolved in such offences. Any person who, once an investigation is under way,provides the Government with information leading to an arrest, shall be similarlyexempt from those penalties.

Article 10246

Any person who shouts or sings in public with a view to creating unrestshall be liable to imprisonment for a term not exceeding one year or to a fine of nomore than LE 200.

Article 102 bis47

Any person who deliberately broadcasts false or tendentious reports,statements or rumours or who circulates inflammatory propaganda with a view toprejudicing public security, creating a climate of fear in the population ordamaging the public interest shall be liable to imprisonment and a fine of no lessthan LE 50 and no more than LE 200.

The penalty shall be imprisonment and a fine of no less than LE 100 andno more than LE 500 if such a crime is perpetrated in time of war.

The penalties provided for in paragraph one shall be applicable to anyperson who, personally or through an intermediary, possesses or acquires writtenmaterials or publications which contain any of the matter covered in theaforementioned paragraph, provided that those materials were intended fordistribution or for perusal by others. The same penalties shall also be applicable toany person who possesses or acquires, even on a temporary basis, any form ofprivate printing press, recording or broadcasting device with a view to printing,recording or broadcasting any of the aforementioned matter.

Part Two bis

Explosives

Article 102 (a) 8

46 Amended in Act No. 29 of 1982, Official Gazette No. 16 of 22 April 1982.47 This first appeared in Act No. 34 of 1970, Official Gazette No. 22 of 28 May 1970.4' The articles in Part Two bis are appended to Act No. 50 of 1949, Official Gazette No. 57of 29 April 1949.

Any person who possesses, acquires, manufactures or importsexplosives without a licence shall be liable to life or a fixed term of imprisonmentwith hard labour.

Any constituent material of explosives, in relation to which restrictionshave been issued by the Minister of the Interior, shall be considered as anexplosive, as shall any apparatus, equipment and tools used in the manufacture ordetonation thereof.

Article 102 (b)

Any person who employs explosives for the purpose of perpetrating the

crime provided for in article 87 or with a view to carrying out a politicalassassination, destroying public buildings or installations, institutions for publicuse or assembly or other buildings or locations designed to be frequented by thepublic, shall be liable to the death penalty.

Article 102 (c)

Any person who uses or plans to use explosives with a view toendangering human life shall be liable to life imprisonment with hard labour.

The death penalty shall be applicable should an explosion cause one ormore fatalities.

Article 102 (d)

Any person who uses or plans to use explosives with a view toendangering the property of others shall be liable to a fixed term of imprisonmentwith hard labour.

Should such an explosion cause damage to such property, the penalty

shall be life imprisonment with hard labour.

Article 102 (e)

As an exception to the provisions of article 17, it shall not bepermissible, in applying the articles preceding the present Article, to impose alesser penalty than that decreed for the offence.

Article 102 09

Any infraction of the conditions for the granting of the licence referredto in article 102 (a) shall be punishable by imprisonment.

XIV. EL SALVADOR 4 9

1. PENAL CODE

Decree No. 280

Amendments to the Penal Code

Article 1. An article 22-A shall be added as follows:

Organized crime

Article 22-A. Organized crime shall mean the form of criminalityengaged in by a group of persons who deliberately maintain a hierarchicalstructure for the purpose of planning and executing unlawful acts in order toenrich themselves with illegal goods and services or to carry out terroristactivities.

Organized crime shall also mean actions which, in and of themselves orin combination with others, committed by two or more persons, have as their aimor result the perpetration of the offences of homicide, aggravated homicide,deprivation of liberty, kidnapping, theft, aggravated theft, extortion, unlawfulassociation, counterfeiting or alteration of currency, acts of terrorism, traffickingin persons, smuggling, money and asset laundering, trafficking in and illegalmanufacture and sale of firearms and the offences mentioned in chapter IV of theAct governing drug-related activities."

Article 2. The following subparagraphs (17) and (18) shall be added to article 30:

Violating public trust

(17) If the person committing the offence is a public official, a publicauthority or an agent of authority;

Disrespect for public officials, a public authority or an agent of authority

(18) If the offence is committed against a public official, a publicauthority or an agent of authority in his or her capacity as a public servant,whether or not he or she is discharging those functions at the time."

49 Transmitted to the Secretariat by that Government on 5 June 2000 and 30 May 2001.150

Article 3. Article 7 shall be amended, as follows:

Penalties for a series of offences

Article 71. In the case of a series of offences, all the penaltiescorresponding to the offences committed shall be imposed on the guilty party, tobe served successively in order of seriousness, beginning with the most severepenalty; however, the combination of penalties imposed may in no circumstancesexceed 35 years' imprisonment."


Solicitation and conspiracy in relation to the offence of aggravated homicide

Article 129-A. Solicitation and conspiracy in cases of aggravatedhomicide shall be punishable by the corresponding penalty established in thepreceding article."

Article 5. Article 148 shall be amended as follows:

Deprivation of liberty

Article 148. Any person who deprives another of his or her personalliberty shall be subject to a penalty of three to six years' imprisonment."


Kidnapping

Article 149. Any person who deprives another of his or her personalliberty for the purpose of obtaining a ransom or compliance with a particularcondition or to make the authorities perform or refrain from a particular actionshall be subject to a penalty of 20 to 30 years' imprisonment."


Solicitation and conspiracy in relation to the offences of deprivation of liberty andkidnapping

Article 149-A. Solicitation and conspiracy to commit any of the actionsdescribed in the two preceding articles shall be punishable, in the case ofdeprivation of liberty, by one to three years' imprisonment and, in the case ofkidnapping, by 10 to 20 years' imprisonment."

Article 8. An article 214-C shall be added as follows:

Solicitation and conspiracy

Article 214-C. Solicitation and conspiracy to commit any of theoffences mentioned in this chapter, with the exception of the offence of receivingstolen property, shall be punishable by the same penalties as apply to thecorresponding offences."


Unlawful association

Article 345. When two or more persons organize or agree to organizefor the purpose of carrying out actions which, in and of themselves or incombination with others, have as their aim or result the perpetuation of offences,they shall, solely by virtue of that fact, be subject to a penalty of two to eightyears' imprisonment. The leaders or instigators shall be subject to a penalty offive to 10 years' imprisonment.

In the case of a group, organization or association whose purpose is tocommit the offences of homicide, aggravated homicide or kidnapping, any personwho takes part in the group shall be subject to a penalty of five to 10 years'imprisonment; for theft, extortion or the offences mentioned in chapter IV of theAct governing drug-related activities, the penalty shall be three to eight years'imprisonment.

In the cases provided for in the foregoing paragraphs, if the offence isactually carried out, the penalty corresponding to the offence shall be added to thepenalties stipulated above.

The penalties stipulated in the first paragraph shall also be imposed onthose who, in the company of one or more persons and without any justification,prowl, lurk or lie in wait, equipped with balaclavas or ski masks, devices withtelescopic or night sights, gun clips or firearms, registered or otherwise, onhighways or rural roads or in urban places that are dark or otherwise favourable tothe commission of offences."

2. OFFICIAL GAZETTE, SAN SALVADOR, 10 JUNE 1997, VOL.NO. 335

Sedition

Article 341. A penalty of 10 to 15 years' imprisonment shall be imposed on thosewho, while recognizing the authority of the constitutional Government, engage ina public and disorderly uprising in order to achieve any of the followingobjectives by violent means:

(1) Prevent by direct action the enactment or enforcement of laws orthe holding of an election or ballot;

(2) Prevent the authorities from discharging their functions freely orfrom enforcing administrative or judicial orders;

(3) Remove a public official from office or prevent duly elected orappointed officials from taking office; and

(4) Engage for political or social ends, in any act of coercion againstproperty of the State or of a local authority.

If the perpetrator is a public official or employee, an agent of authorityor a public authority, he or she shall also be subject to general disqualificationfrom holding office or employment for the same period of time.

Solicitation and conspiracy to commit and advocacy of rebellion or sedition

Article 342. Solicitation and conspiracy to commit the offences of rebellion orsedition shall be punishable by six months' to two years' imprisonment.

If the perpetrator is a public official or employee, an agent of authorityor a public authority, he or she shall also be subject to general disqualificationfrom holding office or employment for the same period of time.

Chapter II

Crimes against the public peace

Acts of terrorism

Article 343. Any person who individually or as part of a group commits acts thatcould provoke alarm, fear or terror through the use of explosives, flammablesubstances, weapons or devices normally liable to cause death or physical injuryto persons shall be subject to a penalty of five to 20 years' imprisonment.

The same penalty shall be imposed on any person who, in the samecircumstances and for the same ends, detains, threatens or causes the death ofthird persons.

The following shall be considered acts of terrorism:

(1) Acts directed against the life, person or liberty of the President ofthe Republic, or the person acting for him, and other public officials,when such acts are committed because of the functions of the officedischarged by such persons;

(2) Destruction of or damage to public property or property intendedfor public use;

(3) The manufacture, procurement, possession or provision ofweapons, ammunition, explosives or devices for carrying out acts ofterrorism;

(4) Participation, whether individually or as part of a group, in takingover or occupying towns and cities or parts thereof, buildings andfacilities in public use or intended to serve the public, diplomaticmissions, workplaces, centres providing services or places of worship;and

(5) Armed attacks against garrisons and other military installations.

Solicitation and conspiracy to commit acts of terrorism

Article 344. Solicitation and conspiracy to commit the offence defined in thepreceding article shall be punishable by six months' to two years' imprisonment.

No penalties shall be imposed on conspirators who voluntarily preventthe carrying out of a terrorist plan.

Unlawful association

Article 345. Any person who takes part in a group, organization or associationwhose purpose is to commit offences shall be subject to a penalty of one to threeyears' imprisonment.

The leaders or instigators shall be subject to a penalty of two to fiveyears' imprisonment.

Civil disorder

Article 348. Persons who, acting in a group with the aim of disturbing the publicpeace, disrupt public order by obstructing public roads or access thereto or invadefacilities or buildings shall be subject to a penalty of six months' to two years'imprisonment.

Advocacy of an offence

Article 349. Any person who publicly advocates a wilful offence under ordinarylaw shall be subject to a penalty of six months' to two years' imprisonment.

3. DECREE NO. 1030

Part XX

Crimes of an international nature

Piracy

Article 368. A term of imprisonment of between 5 and 15 years shall be imposedon:

I. Any person who, on the high seas, the adjacent sea or thecontinental shelf, commits acts of depredation or violence against avessel or against persons or things on board;

2. Any person who seizes any vessel or anything pertaining to itsequipment, cargo or crew, by fraud or violence committed against itscaptain;

3. Any person who, on his own or another person's behalf, fits out aship intended for piracy; and

4. Any person who, by violent means, diverts a vessel or causes it tobe diverted to a place other than its destination.

Any person who knowingly has dealings with pirates or renders themassistance shall be considered a co-perpetrator.

If the above-mentioned acts of violence or hostility result in the death ofany person on board a vessel that is attacked, or if the purpose of such acts is todemand a ransom, the penalty shall be increased by up to half the maximumappointed sentence.

Air piracy

Article 369. The same penalty as is provided for in the cases mentioned insubparagraphs 2 and 4 of the above article shall be imposed when the acts arecommitted on board aircraft, whether inside or outside the national airspace.

International criminal organizations

Article 370. Any person controlling or belonging to organizations of aninternational character engaged in the slave trade, the traffic in persons or theperpetration of acts of air piracy or infringing the provisions of the treatiesadopted by El Salvador to protect human rights shall be punished by a term ofimprisonment of between 5 and 15 years.

XV. FIJIR0

1. SUMMARY OF RELEVANT PROVISIONS OF THE PENALCODE (CAP. 17): PART IX: OFFENCES AFFECTING RELATIONS

WITH FOREIGN STATES AND EXTERNAL TRANQUILITY

Section 71 of Cap. 17 proscribed foreign enlistment against any friendlyStates, whether in military or naval capacity. Any person who breaches Section 71of the Penal Code is guilty of misdemeanour.

Under Section 72 any person who is guilty of piracy or crime connectedwith, or relating or akin to piracy, shall be liable to life imprisonment.

Section 73 declares it illegal for any person to hijack any aircraft orassist any person in hijacking an aircraft, whatever his nationality or citizenship,whatever the State in which the aircraft is registered, and whether the aircraft is inFiji or elsewhere. Any person convicted under this Section is liable to lifeimprisonment.

Section 74 states that any offence committed in the course of hijackingshall be declared to be an offence under the Code and any person shall be liable tobe convicted of any such offence as if it is done in relation to such hijacking.

Section 76 creates an offence of aircraft sabotage as includingdestruction of aircraft in service or damaging an aircraft so as to render it incapableof flight or endanger its safety in flight. It is also an offence to place or cause to beplaced on an aircraft in service by any means whatsoever, a device or substancewhich is likely to destroy that aircraft or cause damage to the same so as it is

so Transmitted to the Secretariat by that Government on 22 July 1997.

156

incapable of flight or cause damage so as to endanger its safety during flight. Inaddition, to damage or destroy navigation facilities or interfere with their operationamounts to an offence. Any communication of information which is known to befalse, which is likely to endanger the safety of an aircraft in flight is also anoffence. The sanction for any person convicted under any provision of Section 76is life imprisonment.

Lastly, a person who aids and abets in the carrying out of any of theforegoing is equally guilty of an offence under this Code. A prosecution underChapter IX of the Penal Code requires the consent of the Director of PublicProsecutions.

The Police, through the Special Branch, had been the principal agency ofGovernment to assess intelligence information on activities that may be prejudicialto the country's interests. It was considered that there were shortcomings undersuch arrangement and Government, therefore, enacted the Fiji Intelligence ServiceDecree of 1990. 51

Section 2 of the Decree defines security as meaning the protection of thecountry from espionage, sabotage, seditious intentions, active measures of foreigninterventions and terrorism.

"Terrorism" is further defined as including:

(a) acts of violence for the purpose of achieving a political objective inFiji or in a foreign country (including acts of violence for the purpose ofinfluencing the policy or acts of a government in Fiji or in a foreigncountry); and

(b) training, planning, preparations or other activities for the purposesof violent subversion in a foreign country or for the purposes of thecommission in a foreign country of other acts of violence of a kindreferred to in paragraph (a); and

(c) acts that are offences punishable under any law relating tointernationally protected persons, the hijacking of aircraft or theprotection of aircraft.

The Decree gives the Director of the Service extensive powers.

st The full text of the Fiji Intelligence Service Decree 1990 is available for consultation fromthe Codification Division, Office of Legal Affairs.

2. CIVIL AVIATION (SECURITY) ACT 199452

(Act. No. 10 of 1994)

AN ACT

To make provision for offences against the safety of civil aviation; the protectionof civil aviation from acts of unlawful interference: airport security; the powers ofsearch and arrest of operators and commanders of aircraft and related matters.

Enacted by the Parliament of Fiji-

PART I - PRELIMINARY

Short Title and commencement

1. (1) This Act may be cited as the Civil Aviation (Security) Act, 1994.

(2) Parts I, II, III, V and VI of this Act shall enter into force on the date ofpublication in the Fi Republic Gazette.

(3) Part IV of the Act shall not enter into force until 3 months after assent.

Interpretlation

2. (1) In this Act, unless the context otherwise requires:

.'act of violence", in relation to the provisions of Part II of this Act, means:

(a) any act done in Fiji which constitutes an offence against the PenalCode, and

(b) any act done outside Fiji which, if done in Fiji, would constitute

such an offence as is mentioned in paragraph (a);

"air navigation installation" means any building, works, apparatus, or equipment

used wholly or mainly for the purpose of assisting air traffic control or as an aid toair navigation, together with any land contiguous or adjacent to any such building,works, apparatus of equipment and used wholly or mainly for purposes connectedtherewith;

"airport" means the aggregate of the land, buildings, and works comprised in anairport within the meaning of the Air Navigation Regulations 1981;

52 The Civil Aviation (Security) Regulation 1994 (Section 17) has been forwarded by Fiji to

the Secretariat and is available for consultation from the Codification Division, Office ofLegal Affairs.

"airport security officer" means a person appointed to the Airport Security Servicefor the purpose of performing the duties of an airport security officer;

"Airport Security Service" means the service established under Section 22;

"article" includes any substance, whether in solid or liquid form or in the form of agas or a vapour;

"Authority" means the Civil Aviation Authority of Fiji;

"explosive" means any article manufactured for the purpose of producing apractical effect by explosion, or intended for that purpose by a person having thearticle with him;

"firearm" includes an air gun or air pistol;

"operator", in relation to an aircraft, means the person having the management ofthe aircraft for the time being;

"security air navigation installation" means an air navigation installation sodesignated under Section 20;

"security airport" means an airport so designated under Section 20.

(2) For the purpose of Part II of this Act:

(a) the period during which an aircraft is in flight shall be deemed toinclude any period from the moment when all its external doors areclosed following embarkation until the moment when any such door isopened for disembarkation, and, in the case of a forced landing, anyperiod until the competent authorities take over responsibility for theaircraft and for persons and property on board; and

(b) an aircraft shall be taken to be in service during the whole of theperiod which begins with the pre-flight preparation of the aircraft for aflight and ends twenty-four hours after the flight lands having completedthat flight, and also at any time (not falling within that period) while inaccordance with the preceding paragraph, the aircraft is in flight.

(3) Subject to Section 59 of the Interpretation Act, Part II of this Act shall not beconstrued as:

(a) conferring a right of action in any civil proceedings in respect ofany contravention of this Act; or

(b) derogating from any right of action or other remedy (whether civilor criminal) in proceedings instituted otherwise than under this Act.

PART II - OFFENCES AGAINST THE SAFETY OF CIVIL AVIATION

Hijacking

3. (1) A person on board aircraft in flight who unlawfully, by the use of forceor by threats of any kind or by any other form of intimidation, seizes or exercisescontrol of that aircraft commits the offence of hijacking, whatever his nationalityor citizenship, whatever the State in which the aircraft is registered and whetherthe aircraft is in Fiji or elsewhere.

(2) The provisions of subsection (1) shall not apply to an aircraft used in military,customs or police service unless

(a) the person seizing or exercising control of the aircraft is a citizen of

Fiji or resident in Fiji; or

(b) his act is committed in Fiji; or

(c) the aircraft is used in the military, customs or police service of Fiji.

(3) A person who commits, or attempts to commit, the offence of hijacking isliable on conviction to imprisonment for life.

Other offences committed in the course of hijacking

4. Where outside Fiji any person of whatever nationality or citizenship, while onboard an aircraft wherever registered, does any act which would constitute anoffence under the Penal Code if done in Fiji shall be liable to be convicted of suchoffence if it is done in connection with the offence of hijacking.

Aircraft sabotage

5. (1) A person who:

(a) destroys an aircraft in service or causes damage which renders itincapable of flight or which is likely to endanger its safety in flight; or

(b) places or causes to be placed on an aircraft in service, by any meanswhatsoever, a device or substance which is likely to destroy that aircraftor to cause damage to it which renders it incapable of flight, or to causedamage to it which is likely to endanger its safety in flight; or

(c) performs an act of violence on board an aircraft in flight likely toendanger the safety of that aircraft,

commits the offence of aircraft sabotage whatever his nationality or citizenship,whatever the State in which the aircraft is registered and whether the aircraft is inFiji or elsewhere.

(2) The provisions of subsection (1) shall not apply to any act committed inrelation to an aircraft used in military, customs or police service, unless-

(a) the act is committed in Fiji; or

(b) where the act is committed outside Fiji-

(i) the person committing it is a citizen of Fiji or isresident in Fiji; or

(ii) the aircraft is used in the military, police orcustoms service of Fiji.

(3) A person who commits, or attempts to commit, an offence under this Section

is liable on conviction to imprisonment for life.

Endangerment of aircraft

6. (1) A person who-

(a) destroys or damages air navigation facilities or interferes with theiroperation, if any such act is likely to endanger the safety of aircraft inflight; or

(b) communicates any information which is false, misleading ordeceptive in a material particular and he knows this to be so, if such actendangers the safety of an aircraft in flight or is likely to endanger thesafety of an aircraft in flight,

commits the offence of endangerment of aircraft.

(2) The provisions of subsection (1) shall not apply to the commission of any actunless either the act is committed in Fiji, or where it is committed outside Fiji-

(a) The person committing it is a citizen of Fiji or resident in Fiji; or

(b) The commission of the act is likely to endanger the safety in flightof a civil aircraft registered in Fiji or leased without crew to a lesseewhose principal place of business, or, if he has no principal place ofbusiness, whose permanent residence, is in Fiji; or

(c) The act is committed on board a civil aircraft which lands in Fijiwith the person who committed the act still on board.

(3) The provisions of paragraph (a) of subsection (1) shall not apply to any actcommitted outside Fiji in relation to air navigation facilities situated outside Fijiwhich are used in connection with international air navigation, unless the person

committing the act is a citizen of Fiji or is resident in Fiji.

(4) A person who commits, or attempts to commit, an offence under this Sectionis Iiable on conviction to imprisonment for life.

(5) In this Section-

(a) "civil aircraft" means an aircraft other than an aircraft used inmilitary, customs or police service of a country other than Fiji;

(b) a reference to air navigation facilities includes reference to anyproperty used in connection with the provision of such facilitiesincluding any land, building or ship so used, and including any apparatusor equipment so used, whether it is on board an aircraft or elsewhere.

Airport sabotage

7. (1) A person who by means of any device, weapon or substance-

(a) performs at an airport an act of violence which causes or is likely tocause death or serious personal injury and endangers or is likely toendanger the safe operation of the airport or the safety of persons at theairport;

(b) destroys or seriously damages property used for the provision ofany facilities at an airport (including any apparatus or equipment soused), or any aircraft which is at such airport, but is not in service, insuch a way as to endanger or be likely to endanger the safe operation ofthe airport or the safety of persons at the airport; or

(c) disrupts the services at an airport in such a way as to endanger or belikely to endanger the safe operation of the airport or the safety ofpersons at the airport,

commits the offence of airport sabotage whether the act is committed in Fiji orelsewhere and whatever his nationality.

(2) The provisions of paragraph (b) of subsection (1) shall not apply to an aircraftused in military, customs or police service unless-

(a) the act is committed in Fiji; or

(b) where the act is committed outside Fiji-

(i) the person committing it is a citizen of Fiji or a personresident in Fiji; or

(ii) the aircraft is used in the military, customs or policeservice of Fiji.

(3) A person who commits, or attempts to commit, an offence under this Sectionis liable on conviction to imprisonment for life.

(4) In this Section "airport" means an airport serving international civil aviation.

Ancillary offences

8. (1) It shall be an offence for any person in Fiji to induce or assist thecommission outside Fiji of an act which-

(a) would, but for subsection (2) of Section 3, be an offence under thatSection; or

(b) would, but for subsection (2) of Section 5, be an offence under thatSection; or

(c) would but for subsection (2) or subsection (3) of Section 6, be anoffence under that Section; or

(d) would, but for subsection (2) of Section 7, be an offence under thatSection.

(2) A person who commits, of attempts to commit, an offence under this Sectionshall be liable on conviction to imprisonment for life.

(3) Subsection (1) shall have effect without prejudice to the operation, in relationto any offence under Sections 3, 5, 6 or 7, of any rule of law or written law relatingto parties to an offence or accessories.

Extradition

9. (1) For the purposes of the Extradition Act there shall be deemed to beincluded in any extradition treaty with a State which is a party the relevant

Convention or the Protocol any offence under the preceding provisions of this Partunless such offence has been described in that extradition treaty.

(2) Where no such extradition treaty as is mentioned in Section 5 of the

Extradition Act has been made with a State which is a party to the relevant

Convention or the Protocol, that Section shall have effect as if that Convention orthe Protocol were such a treaty with that State; but that Act shall have effect as if

the only extradition offences within the meaning of that Act were the offenceswhich are offences in pursuance of that Convention or the Protocol.

(3) A certificate given under the hand of the Minister that any foreign State is a

party to the relevant Convention or the Protocol shall be sufficient evidence of that

(4) For the purposes of subsections (1) and (3) the relevant Convention and the

Protocol are the Conventions and the Protocol described in subsection (5).

(5) For the purposes of subsection (2) -

(a) the Convention for the Suppression of Unlawful Seizure of Aircraftsigned at The Hague on 16th December 1970 is a relevant Conventionand the offences in pursuance of that Convention are the offences underor by virtue of Section 3 or 4 or paragraph (a) of subsection (1) ofSection 8 and attempts to commit such offences; and

(b) the Convention for the Suppression of Unlawful Acts against theSafety of Civil Aviation signed at Montreal on 23rd September 1971 isthe other relevant Convention and the offences which are offences inpursuance of that Convention are the offences under or by virtue ofSection 5 or 6 or paragraph (b) or (c) of subsection (1) of Section 8 andattempts to commit such offences; and

(c) the Protocol for the Suppression of Unlawful Acts of Violence atAirports Serving International Civil Aviation, Supplementary to theMontreal Convention (mentioned in paragraph (b) above) signed atMontreal on 24 February 1988 is the Protocol and the offences which arein pursuance of the Protocol are the offences under or by virtue ofSection 7 or paragraph (d) of subsection (I) of Section 8 or attempts tocommit such offences.

(6) For the purposes of the Extradition Act, any act wherever committed which-

(a) is an offence under the preceding provisions of this Part or anattempt to commit such an offence, or would be such an offence orattempt but for subsection (2) of Section 3, subsection (2) of Section 5,subsection (2) or (3) of Section 6 or subsection (2) of Section 7; and

(b) is an offence against the law of any State to which that Act has been

applied by this Section,

shall be deemed to be an offence committed within the jurisdiction of that State.

Taking of aircraft

10. (1) A person who, without lawful excuse, takes or exercises control, whetherdirect or through another person, of an aircraft commits an offence.

(2) A person who, without lawful excuse, -

(a) takes or exercises control, whether direct or through another person,of an aircraft while another person, not being an accomplice of the first-mentioned person, is on board the aircraft; or

(b) by force or violence or threat of force or violence or any other formof intimidation, or by any trick or false pretence, takes or exercisescontrol, whether direct or through another person, of an aircraft whileanother person, not being an accomplice of the first-mentioned person, ison board the aircraft, commits an offence.

(3) A person who commits, or attempts to commit an offence-

(a) under subsection (1) is liable on conviction to imprisonment forfourteen years;

(b) under subsection (2) is liable on conviction to life imprisonment.

Threats and false statements respecting aircraft

11. (1) A person who-

(a) threatens, states that it is his intention to, or makes a statement fromwhich it can be reasonably inferred that it is his intention, to destroy,damage or endanger the safety of an aircraft or to kill or injure all or anyof the persons on board an aircraft; or

(b) makes a statement or conveys information, which statement orinformation he knows to be false, to the effect, or from which it can bereasonably inferred, that there has been, is or is likely to be a plan,proposal, attempt, conspiracy or threat to--

(i) hijack an aircraft

(ii) destroy, damage or endanger the safety of an aircraft; or

(iii) kill or injure all or any of the persons on board an aircraft;or

(c) communicates any information which he knows to be false orperforms any other act for the purpose of causing, or which is likely tocause, inconvenience to persons travelling upon or about to travel uponan aircraft in service or which is likely adversely to affect the journey orpassage, of an aircraft in service,

commits an offence and is liable on conviction to a fine not exceeding $20,000 orto imprisonment for seven years or to both such fine and imprisonment.

(2) The provisions of this Section apply if the act is committed in Fiji, whether

the aircraft in relation to which it is committed is in or outside of Fiji, or if the actis committed outside of Fiji, it is committed-

(a) in relation to an aircraft, in Fiji;

(b) in relation to an aircraft which is registered in Fiji or leased withouta crew to a lessee whose principal place of business, or if he has noprincipal place of business, where his permanent residence is in Fiji, or isin the military, customs or police service of Fiji;

(c) the act is committed on board an aircraft which lands in Fiji with

the person who committed the act still on board.

Threats and false statements respecting airports

12. A person who-

(a) threatens, states that it is his intention, or makes a statement fromwhich it could reasonably be inferred that it is his intention, to destroy,damage or endanger the safety of an airport or any part thereof or any airnavigation installation; or

(b) makes a statement or conveys information, which statement orinformation he knows to be false, to the effect or from which it canreasonably be inferred, that there has been, is or is to be a plan, proposal,attempt or conspiracy or threat-

(i) to take or exercise control, by force or violence, of anairport or part thereof or of any air navigation installation;or

(ii) to destroy, damage or endanger the safety of an airport orany part thereof or any air navigation installation; or

(iii) to kill or injure any persons who are, or maybe, within thelimits of any airport or any air navigation installation,

commits an offence and is liable on conviction to a fine not exceeding $20,000 or

to imprisonment for seven years or to both such fine and imprisonment.

Offences in relation to certain dangerous articles

13. (1) It is an offence for any person without lawful authority or reasonableexcuse to have with him-

(a) in any aircraft registered in Fiji whether at a time when the aircraftis in Fiji or not; or

(b) in any other aircraft at a time when it is in, or in flight over, Fiji; or

(c) in any part of an airport in Fiji; or

(d) in any air navigation installation in Fiji which is not associated withan airport,

any article to which this Section applies.

(2) This Section applies to the following articles, that is to say--

(a) any firearm, or any article having the appearance of being a firearm,whether capable of being discharged or not;

(b) any explosive, any article manufactured or adapted (whether in theform of a bomb, grenade or otherwise) so as to have the appearance ofbeing an explosive, whether it is capable of producing a practical effectby explosion or not, or any article marked or labelled so as to indicatethat it is or contains an explosive; and

(c) an article (not falling within either of the preceding paragraphs)made or adapted for use for causing injury to or incapacitating a personor for destroying or damaging property, or intended by the person havingit with him for such use, whether by him or by any other person.

(3) For the purposes of this Section a person who is for the time being in anaircraft, or in part of an airport, shall be treated as having with him in the aircraft,or in that part of the airport, as the case maybe, an article to which this Sectionapplies if-

(a) where he is in the aircraft, the article or an article in which it iscontained, is in the aircraft and has been caused (whether by him or byany other person) to be brought there as being, or as forming part of, hisbaggage on a flight in the aircraft or has been caused by him to bebrought there as being, or as forming part of, any other property to becarried on such a flight; or

(b) where he is in part of an airport (otherwise than in an aircraft), thearticle, or an article in which it is contained, is in that or any other part ofthe airport and has been caused (whether by him or by any other person)to be brought into the airport as being, or as forming, part of, hisbaggage on a flight from that airport or has been caused by him to bebrought there as being, or as forming part of, any other property to becarried on such a flight on which he is also to be carried, notwithstandingthat the circumstances may be such that (apart from this subsection) hewould not be regarded as having the article with him in the aircraft or ina part of the airport, as the case may be.

(4) A person guilty of an offence under this Section is liable on conviction to afine not exceeding $20,000 or to imprisonment for a term not exceeding sevenyears or to both such a fine and imprisonment.

(5) Nothing in subsection (3) shall be construed as limiting the circumstances inwhich a person would, apart from that subsection, be regarded as having an articlewith him as provided in subsection (1).

Prosecutions of offences

14. Proccedings for an offence under the preceding Sections of this Part shall notbe instituted except by or with the consent of the Director of Public Prosecutions.

Powers exercisable on suspicion of an intended offence

15. (1) Where a police officer has reasonable cause to suspect that a personabout to embark on an aircraft in Fiji, or a person on board such an aircraft, intendsto commit in relation to the aircraft, an offence under this Part, the police officermay prohibit him from travelling on board the aircraft, and for the purpose ofenforcing that prohibition the police officer -

(a) may prevent him from embarking on the aircraft or, as the case maybe, may remove him from the aircraft; or

(b) may arrest him without warrant and detain him for so long as maybe necessary for that purpose.

(2) Subsection (1) shall have effect without prejudice to the operation, in relationto an offence under this Act of any law conferring powers of arrest without warrantor concerning the use of force in making an arrest.

PART III - PROTECTION OF CIVIL AVIATION FROM ACTS OF

UNLAWFUL INTERFERENCE

Purposes of Part

16. (1) The purposes of this Part are the protection against acts of unlawful

interference-

(a) of aircraft, and of persons or property onboard aircraft;

(b) of airports, and of persons who are at any time in an airport orproperty which forms part of m airport or is at any time within anairport; and

(c) of air navigation installations which do not form part of an airport,

and references in this Part to "the purposes of this Part" shall be construedaccordingly.

(2) In this Part "act of unlawful interference" means any act (whether actual orpotential, and whether done or to be done in Fiji or elsewhere) which when done inFiji constitutes, or if done in Fiji would constitute, an offence against theprovisions of Part II of this Act.

Power to make regulations

17. (1) The Minister may make such regulations as may appear to him to berequisite or expedient -

(a) for carrying out any standard or recommended practice relating tosafeguarding international civil aviation against acts of unlawfulinterference adopted in accordance with the Convention on InternationalCivil Aviation 1944 and any amendment of any such standard orrecommended practice adopted in accordance with that Convention;

(b) generally, for purposes of this Part.

(2) Any regulation made under this Section may, for the purposes of securingcompliance therewith, contain provisions-

(a) imposing penalties not exceeding a fine of $10,000 andimprisonment for a term not exceeding seven years or both such fine andimprisonment; and

(b) prohibiting the grant of, or requiring the suspension or revocation of,any licence, permit or certificate which authorises the operation of airservices to which the regulation applies and which may be, or has been,granted under the Civil Aviation Act.

(3) The provisions of this Section shall not derogate from the provisions ofSection 3 of the Civil Aviation Act.

Directions of the Minister

18. (1)The Minister may for the purposes of this Part give to the Authority anygeneral or special directions in writing and the Authority shall act in accordancewith any such direction.

(2) The Minister shall consult the Authority before giving any directions underthis Section.

PART IV - AIRPORT SECURITY

Application of Part

19. (1) This Part applies to any airport or air navigation installation owned,managed or operated by the Authority.

(2) The Minister may by regulations under Section 17 apply the provisions of thisPart with such adaptations and modifications as he considers expedient to anyother airport or air navigation installation in Fiji.

Security airports and air navigation installations

20. (1) The Minister may, by notice in the Gazette, designate any airport or airnavigation installation as a security airport or a security air navigation installation.

(2) Nadi International Airport and Nausori International Airport shall be deemed

to be designated by the Minister under this Section as security airports.

Airport Security

21. The prevention of the commission of offences against the provisions of Part IIof this Act at any security airport or security air navigation installation, theprotection of persons and property from dangers arising from the commission orattempted commission of such crimes, and the maintenance of public safety andorder at such airports and installations shall be the joint responsibility of the FijiPolice Force and the Airport Security Service.

Airport Securiy Service

22. The Authority shall establish a service to be known as the Airport SecurityService comprising such employees of the Authority as are appointed to it asairport security officers.

Functions and duties ofAirport Security Service

23. The Airport Security Service shall have the following functions and duties-

(a) to carry out passenger and baggage screening of all internationalaircraft passenger services and of such other services where the serviceor the screening is judged advisable by the Authority and, wherenecessary, to undertake searches of passengers, baggage, cargo, aircraft,airports and air navigation installations;

(b) to carry out airport security patrols and patrols of air navigationinstallations;

(c) generally, to maintain public safety and order at airports and airnavigation installations;

(d) to review, inquire into and keep itself informed on securitytechniques, systems, devices, practices, and procedures, related to theprotection of civil aviation and persons employed in or using it;

(e) for the purpose of better carrying out of any of its functions underthis Act to co-operate with the Fiji Police, Government departments,operators and authorities administering the airport security services ofother countries, and with any appropriate international organisation;

(f) to exercise and perform such other functions and duties as may beconferred on it by any law.

Powers of the Police

24. (1) Nothing in this Part shall limit the powers, functions, duties or responsi-bilities of the Fiji Police Force under this or any other law.

(2) Every police officer shall have and may exercise any of the powers conferredupon an airport security officer by the provisions of this Part.

Right of access

25. (1) Subject to subsection (2), an airport security officer on duty may at anytime enter any security airport or security air navigation installation, or anyaircraft, building, or place, in any part of such an airport or air navigationinstallation, for the purpose of exercising and carrying out his powers, functions,and duties under this Part:

Provided that unless the airport security officer is accompanied by a police officer,the power of entry conferred by this subsection shall be limited to peaceful andnon-forcible entry.

(2) Where a police officer has taken command of any situation at such an airportor air navigation installation, the right of any airport security officer to enter anypart thereof or any aircraft, building, or place shall be subject to such limitation asthe senior police officer present specifies.

Power of arrest

26. (1) Every airport security officer is justified in arresting without warrant anyperson on or in the vicinity of any security airport or security air navigationinstallation if he has reasonable grounds to believe that an offence has been or isbeing committed by that person against any provision of Part II of this Act.

(2) Any person called upon to do so by an airport security officer is justified in

assisting him in good faith to arrest any person.

(3) An airport security officer shall as soon as may be practicable deliver anyperson whom he arrests to a police officer.

Security areas

27. (1) The Authority may for security reasons declare, by a sign or signsaffixed at the perimeter thereof, that an area within a security airport or security airnavigation installation is a security area.

(2) No person other than a police officer on official duties or an airport securityofficer shall enter or remain in any security area unless authorised by the Authorityor other person having control thereof.

(3) Every person in a security area shall, on the request of an airport securityofficer, state his name and address (and produce satisfactory evidence of itscorrectness) and the purpose of his presence in the security area and his authorityto enter it.

(4) An airport security officer may order to leave a security area any person whohas failed or refused to give satisfactory evidence of his name and address when sorequested by the airport security officer, or who has failed to satisfy the airportsecurity officer that he is authorised to be there.

(5) An airport security officer, and any person whom he calls to be his assistance,may use such force as may he reasonably necessary to remove from any securityarea any person who fails or refuses forthwith to leave the security area afterhaving been ordered by an airport security officer to do so pursuant to subsection(4).

(6) Every person commits an offence who, on being found in a security area-

(a) fails or refuses to state his name and address, and his authority toenter the security area after having been requested to do so undersubsection (3) of this Section by an airport security officer; or

(b) fails or refuses forthwith to leave the security area after having beenordered by an airport security officer to do so.

(7) Every person who commits an offence under subsection (6) and, after havingbeen warned that he committed that offence, persists in its commission, may bedetained by an airport security officer and in that case he shall as soon as may bepracticable be delivered to a police officer.

(8) A passenger embarking or disembarking directly through gateways orthoroughfares in an airport approved for that purpose by the manager of the airportshall be deemed to be authorised by the Authority to pass through any security area

forming part of those gateways or thoroughfares.

Search ofpersons and goods

28. (1) No person who, before boarding an aircraft at a security airport, isrequired by an airport security officer -

(a) to submit to a search of his person, or

(b) to permit a search to be carried out of the goods that he intends totake, or have placed, on board the aircraft,

shall board the aircraft unless he submits to the search or permits the search to becarried out, as the case may be.

(2) Where, after having boarded an aircraft, a person who is required by anairport security officer-

(a) to submit to a search of his person, or

(b) to permit a search to be carried out of the goods that he took or hadplaced on board the aircraft,

refuses to submit to the search or to permit the search to be carried out (as the casemay be), the airport security officer may order that person to leave the aircraft andremove from the aircraft the goods that he took, or had placed, on board theaircraft, and the person shall thereupon remove himself from the aircraft andremove, or authorise the removal of, the goods from the aircraft.

(3) No person who, having been required by an airport security officer to permit asearch of goods that he intends to have transported on an aircraft, refuses to permitthe search to be carried out shall place, or attempt to place, the goods or cause thegoods to be placed on board the aircraft.

(4) Where goods are received at an airport for transport on an aircraft and are notaccompanied by a person who may give the permission referred to in subsection(3), an airport security officer may carry out a search of the goods and, in carryingout that search, may use such force as may reasonably be necessary to gain accessto the goods.

(5) An airport security officer, and any person whom he calls upon to assist him,may-

(a) use such force as may be reasonably necessary to remove from anaircraft any person who fails or refuses forthwith to leave an aircraftafter having been ordered to do so pursuant to subsection (2) or

(b) remove goods from an aircraft where a person -

(i) fails or refuses to remove, or authorise the removal of, thegoods after having been ordered to do so pursuant tosubsection (2);

(ii) has placed the goods, or caused the goods to be, placed onboard the aircraft having refused to permit a searchpursuant to subsection (3).

(6) A person commits an offence who -

(a) boards an aircraft after failing or refusing to submit to a searchrequired under subsection (1); or

(b) fails or refuses forthwith to leave an aircraft after being ordered todo so under subsection (2); or

(c) fails or refuses to remove, or authorise the removal of, goods froman aircraft after being ordered to do so under subsection (2); or

(d) places or attempts to place, or causes to be placed on board anaircraft goods after having refused to permit a search of the goods undersubsection (3).

(7) Any person who commits an offence under subsection (6) of this Section,and, after having been warned that he commits that offence, persists in itscommission, may be detained by an airport security officer and in that case heshall as soon as practicable be delivered to a police officer.

(8) In this Section "goods" means anything that may be taken or placed on boardan aircraft as personal belongings, baggage or cargo.

(9) Nothing in this Section shall be construed as limiting the right of an operatorof an aircraft arising from a law, contract or a rule of law-

(a) to refuse to embark any person or good on board the aircraft, or

(b) to search any person or good on the aircraft; or

(c) to remove from the aircraft any person or good.

Search of a female

29. A female shall not be searched except by a female unless the search is madeby means of any mechanical, electrical or electronic or other similar device.

Delivery ofpersons to police

30. (I)A police officer shall accept delivery of a person whom an airport securityofficer has detained under this Part and whom the airport security officer seeks todeliver to him if the police officer has reasonable grounds to suspect that person ofhaving done or omitted to do anything that is an offence against subsection (7) ofSection 27 or subsection (7) of Section 28 of this Act.

(2) A police officer shall accept delivery of a person whom an airport securityofficer has arrested under Section 26 and whom the airport security officer seeks todeliver to him.

(3) A police officer who accepts delivery of a person pursuant to subsection (I)or subsection (2) shall forthwith arrest the person.

(4) An airport security officer who detains any person in accordance with theprovisions of subsection (7) of Section 27 or subsection (7) of Section 28 anddelivers him to a police officer, and any person who at his request and in goodfaith assists an airport security officer in doing so, is justified in so detaining anddelivering that person and in using such force as may be reasonably necessary indoing so.

Personation and obstruction of airport security officers

31. Every person commits an offence who-

(a) not being an airport security officer, by words, conduct, ordemeanour, pretends that he is an airport security officer, or puts on orassumes the dress, name, designation, or description of an airportsecurity officer; or

(b) wilfully obstructs, or incites or encourages any person to obstruct,an airport security officer in the execution of his duty.

Offences and penalties

32. Every person who commits an offence against subsection (6) of Section 27,subsection (6) of Section 28 or Section 31 shall be liable, on conviction, to fine notexceeding $2000 or to imprisonment for a term not exceeding six months or toboth such fine and imprisonment.

PART V - POWERS OF OPERATORS AND COMMANDERS OF

AIRCRAFT

33. (1) The operator of an aircraft or any employee or agent authorised by him for

the purpose may, with the consent of the passenger, search any passenger and hisbaggage before the passenger boards the aircraft in Fiji.

(2) If the passenger declines to allow him or his baggage to be searched, theoperator of the aircraft may refuse to carry him.

(3) An operator of an aircraft shall not be liable to any civil proceeding, other

than a proceeding in respect of any right that the passenger may have for therecovery of any fare or any part thereof, by reason of the fact that the operator has

refused to carry a passenger who has declined to allow himself or his baggage tobe searched.

(4) Any search made in pursuance of subsection (1) of a female shall be done bya female except where it is done by means of any mechanical or electrical orelectronic or other similar device.

(5) The operator of an aircraft or any employee or agent authorised for thepurpose by him may examine any cargo before the cargo is loaded on to theaircraft in Fiji.

Unauthorised presence on board aircraft

34. A person who-

(a) gets into or onto an aircraft at an airport in Fiji without thepermission of the operator of the aircraft or a person acting on his behalf,or

(b) remains on an aircraft at such an airport after being requested toleave by the operator of the aircraft or a person acting on his behalfcommits an offence and is liable on conviction to a fine of $2000 or sixmonths imprisonment or both such fine and imprisonment.

Searches ofpersons

35. If the person in command of an aircraft in flight has reasonable grounds tosuspect that an offence under Part II has been, is being, or is likely to be,committed on board or in relation to that aircraft, he, or any, member of the crewof the aircraft or any other person on board the aircraft authorised by him to do so,may search any person or baggage on board the aircraft, and may take possessionof any article found which has been used or could be used to effect or facilitate thecommission of an offence under that Part.

Arrest of persons

36. (1) The person in command of an aircraft may, on board the aircraft, withsuch assistance as is necessary, arrest without warrant a person whom he findscommitting, or reasonably suspects of intending to commit, or of having

committed, or of having attempted to commit an offence under Part II and thatperson in command or a person authorised by him may hold the person so arrestedin custody until he can be brought before the proper authority to be dealt with inaccordance with law.

(2) The person in command of an aircraft may, where he considers it necessary soto do in order to prevent an offence under Part II or to avoid danger to the safety ofthe aircraft or of persons on board the aircraft, with such assistance as he thinksnecessary-

(a) place a person who is on board the aircraft under restraint or incustody; and

(b) if the aircraft is not in the course of a flight, remove a person fromthe aircraft.

(3) Subsections (1) and (2) shall have effect without prejudice to the operation inrelation to any offence under Part II of this Act of Section 3 of Schedule I of theTokyo Convention Act 1967 (Overseas Territories) Order 1968.

PART VI - GENERAL POWER TO MAKE REGULATIONS

Regulations

37. The Minister may, notwithstanding the provisions of Section 17, makeregulations, not inconsistent with this Act, prescribing matters -

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or givingeffect to this Act.

Passed by the House of Representatives this seventh day of June, in theyear of our Lord one thousand, nine hundred and ninety-four.

Passed by the Senate this seventh day of July, in the year of our Lord onethousand, nine hundred and ninety-four.

XVI. FRANCE5 3

1. LE DISPOSITIF LEGISLATIF ET REGLEMENTAIREFRANQAIS

La ligislation anti-terroriste

La France est dot6e d'une 16gislation anti-terroriste spdcifique etcomplete, dont la loi du 9 septembre 1986 constitue la cl de vofite.

Cette 16gislation d~fmit le terrorisme comme o une entrepriseindividuelle ou collective tendant A troubler gravement l'ordre public parl'intimidation ou la terreur >, mais l'activitd terroriste est appr6hend6e p6nalementen combinant deux crit/res:

En premier lieu, l'existence d'un crime ou d'un d6lit de droit communincrimin6 par le Code p6nal. Seuls certains crimes et d6lits limitativement6num6r6s dans une liste 6tablie par le Code p6nal sont concem6s. Complte en1994 (nouveau Code p6nal), et derni6rement en 1996, cette liste comprendaujourd'hui:

- Les atteintes volontaires A la vie i l'int6grit6 de la personne,l'enlivement et la s6questration, le d6tournement d'akronef, de navire oude tout autre moyen de transport;

- Les vols, les extorsions, les destructions, les d6gradations etd6triorations, ainsi que certaines infractions informatiques;

Les infractions en mati~re de groupes de combats et de mouvementsdissous;

-La fabrication ou la dMtention de machines, engins meurtriers ouexplosifs (d6finition 6tendue aux armes biologiques ou A base detoxines);

- Le recel du produit des infractions pr6c6demment mentionn6es;

En second lieu, la relation de ces crimes ou d6lits avec une entrepriseindividuelle ou collective ayant pour but de troubler gravement I'ordre public parl'intimidation ou la terreur.

Les infractions ainsi definies

Sont qualifi6es d'actes de terrorisme et 6rig6es en infractions autonomespar le nouveau Code PNnal et punies plus siv~rement;

3 Transmitted to the Secretariat by that Government on 13 June 2000.178

Ob~issent i un rigime procidural particulier, caract~risi par:

- La centralisation des poursuites, de l'instruction et du jugement auTGI de Paris (Service Central de Lutte Anti-Terrorist (SCLAT) duParquet de Paris);

- L'allongement A 4jours de la dur6e maximale de garde A vue;

- La possibilit6 d'effectuer des perquisitions de nuit, sous un r6gimeparticulier;

- Le report i la 72' heure de garde A vue de 1'intervention d'unavocat;

- Le recours i une cour d'assises sp6ciale compos~e de magistratsprofessionnels pour le jugement des crimes terroristes (Loi du 16d6cembre 1992);

- L'existence d'un dispositif pour les << repentis o (exemption de peinepour les terroristes se ravisant et permettant d'6viter l'acte terroriste,reduction de moiti6 de la peine pour Jes terroristes ayant permis de fairecesser les agissements incrimin6s ou ayant permis d'6viter que1'infraction n'entraine mort d'homme).

Sont par ailleurs incriminds de manidre spdcifique

Depuis 1994, l'acte de terrorisme 6cologique (introduit dansl'atmosph~re, sur le sol, dans le sous-sol, ou dans les eaux, y compris celles de ]amer territoriale, d'une substance de nature A mettre en p ril la sant6 de I'homme oudes animaux ou le milieu naturel);

Depuis 1996, 1'association de malfaiteurs terroriste (participation A ungroupement form6 ou i une entente 6tablie en vue de la pr6paration, caract ris6epar un ou plusieurs faits materiels, d'un des actes de terrorisme pr~c6demmentmentionn~s).

La ligislationfraneaise a done considdrablement dvolud

En 1986, le 16gislateur n'avait attach6 A la circonstance de terrorismeassoci6 A la commission de crimes et de dWlits limitativement 6num~r~s que desconsequences proc~durales (r~gles de proc6dure sp~cifique pr6vue aux articles706-16 et suivants du Code de procedure p~nale). Le nouveau Code penal de 1994a 6rig6 les actes de terrorisme en infractions autonomes punies de peinesaggrav~es. Par la suite, plusieurs lois ont 6t6 promulgu~es pour completer cedispositif:

- La loi du 8 frvrier 1995 qui a allong6 les drlais de prescription del'action publique et de la peine en mati&e criminelle (30 ans) et enmatire correctionnelle (20 ans);

- La loi du 22 juillet 1996 qui a pour l'essentiel complt6 la liste desinfractions susceptibles d'6tre qualifi~es d'actes de terrorisme, en cr~antles infractions sprcifiques d'association de malfaiteurs terroriste;

- La loi du 30 drcembre 1996 qui a permis, sous certaines conditions,les perquisitions de nuit.

XVII. GEORGIA"

1. CRIMINAL CODE

Chapter XXXVIII. Terrorism

Article 323. Terrorist act

1. A terrorist act, i.e., an explosion, setting fire, use of weapons or any other actwhich threatens a person's life, which may cause substantial property damage orany other grave result and which violates public security or the strategic, politicalor economic interest of the State, committed with a view to threatening thepopulation or influencing public authorities, shall be punishable by imprisonmentfor five to ten years.

2. The same act, committed:

(a) In a group;

(b) Repeatedly;

(c) By the use of weapons of mass destruction,

shall be punishable by imprisonment from eight to twelve years.

3. Acts envisaged by paragraphs I and 2 of this article which unpremeditatedlycaused death or any other grave results shall be punishable by imprisonment forten to seventeen years.

Acts envisaged by paragraphs I and 2 of this article which caused death or had anyother grave effects shall be punishable by imprisonment for fifteen to twenty yearsor by imprisonment for life.

4 Transmitted to the Secretariat by that Government on 22 May 2000. Unofficial translation.180

Note: If a person who has taken part in the preparation of a terrorist act endeavoursto prevent that terrorist act by the timely warning of authorities or by any othermeans, and if there are no elements of any other crime in his/her action, that personshall be released from responsibility.

Article 324. Technological terrorism

Technological terrorism, i.e., the use or threat of use of nuclear, radiological,chemical or bacteriological (biological) weapons or components thereof,pathogenic micro-organisms, radiological or other substances posing a danger tohuman health, including seizure of the object embodying nuclear, chemical orextensive technological or ecological danger, which violates public security or thestrategic, political or economic interest of the State, committed with a view tothreatening the population or influencing public authorities, shall be punishable byimprisonment for eight to fifteen years.

Article 325. Assault on a political official of Georgia

Infringement of the life, health or property of the President of Georgia, otherpolitical official or family member thereof, in connection with his State activity,shall be punishable by imprisonment for seven to twenty years or by imprisonmentfor life.

Article 326. Assault on a person or agency enjoying international protection

An assault on the representative of a foreign country or an officer of aninternational organization or on their working or living assets or vehicles, as wellas infringement of the life, health or property of members of their family, forpolitical motives or with the aim of complicating international relations, shall bepunishable by imprisonment for seven to twenty years or by imprisonment for life.

Article 327. Founding of a terrorist organization, its administration orparticipation therein

I. The founding of a terrorist organization or the administration thereof, shall bepunishable by imprisonment for seven to fifteen years.

2. Participation in a terrorist organization shall be punishable by imprisonmentfor five to ten years.

Article 328. Joining the terrorist organization of a foreign country or joining orsupporting such an organization which is under foreign control

Joining the terrorist organization of a foreign country, or joining or supporting theactivity of such an organization which is under foreign control, shall be punishableby imprisonment for seven to fifteen years.

Article 329. Taking a hostage on terrorist grounds

I. Taking a hostage on terrorist grounds, i.e., with a view to impelling Stateauthorities or an international or religious organization to carry out certain actionsor omissions, as a condition for the release of a hostage, shall be punishable byimprisonment for seven to thirteen years.

2. The same act committed:

(a) Against a political official of Georgia or his/her family member;

(b) Against an official foreign representative or a person havinginternational protection;

(c) By a group;

(d) Repeatedly;

(e) By a terrorist organization,

shall be punishable by imprisonment for eight to fifteen years.

3. Acts envisaged in paragraphs I and 2 of this article which caused death or hadother grave effects shall be punishable by imprisonment for twelve to twenty years.

Note: If after taking a hostage, within a period of 72 hours, the criminal, on hisown volition or by demand of official authorities, releases the hostage without thefulfilment of a condition for the release of the hostage, he/she shall be dischargedfrom criminal responsibility, if there are no elements of any other crime in his/heraction and there is no appeal from a victim.

Article 330. Seizure of an object having strategic or particular importance or itsblockage on terrorist grounds

1. Seizure of an object having strategic or particular importance or its blockageon terrorist grounds shall be punishable by imprisonment for eight to fifteen years.

2. Any act envisaged in paragraph I of this article which caused death or hadother grave effects, shall be punishable by imprisonment for twelve to twenty yearsor by imprisonment for life.

Article 331. Giving false evidence on terrorism

The giving of false evidence on terrorism shall be punishable by a sentence ofpenal or reformatory work for one to two years or strict isolation from society for amaximum of three months or imprisonment for a maximum of three years.

XVIII. GERMANY S

1. SUMMARY OF THE GERMAN LAWS AND REGULATIONSREGARDING THE PREVENTION AND SUPPRESSION OF

INTERNATIONAL TERRORISM

In Germany terrorism per se is not considered a separate criminaloffence. Thus, there is no article penalizing 'Terrorism" in the German PenalCode. Instead, terrorism is dealt with by using general criminal and proceduralregulations of the Penal Code (Strafgesetzbuch, StGB) and Code of CriminalProcedure (Strafprozeflordnung, StPO). If, for example, people are killed during aterrorist bomb attack, the offence is "Murder" according to paragraph 211 and"Causing a bomb explosion" according to paragraph 308 of the Penal Code.Paragraphs 129 ("Formation of a criminal organization") and 129a ("Formation ofa terrorist organization") of the Penal Code supplement the general criminaloffences and can be viewed as the center piece of the fight against terrorists.

1. The Supplementary Act to the First Act on the reform of the law of criminalprocedure of December 20, 1974 (Federal Law Gazette 1974 I, 3686), whichentered into force on January 1, 1975, contains, inter alia, the followingregulations:

- The determination of a maximum number of defence attorneys selectedby the defendant, (paragraph 137 of the Code of Criminal Procedure).

-The prohibition for an attorney to defend more than one accused personin the same proceeding or, if the charges relate to the same incident, in separateproceedings, (paragraph 146 of the Code of Criminal Procedure).

-The authorization to continue the trial in the absence of the defendant incase the defendant is incapable of taking part in the trial through his or her ownfault, or due to irregular conduct (paragraphs 213a, 213b of the Code of CriminalProcedure).

- The possibility that the decision regarding the exclusion of the public isannounced in a non-open hearing, (paragraph 174 of the Judiciary Act(Gerichtsverfassungsgesetz, GVG)).

-The strengthening of the court's jurisdiction over offences against theadministration of justice in the trial, (paragraphs 177, 178 of the Judiciary Act).

5 Transmitted to the Secretariat by that Government on 5 April 2000. Reference to the term"paragraph" in the summary should be understood as being equivalent to "Article".

183

2. The so-called "Anti-terrorism Act" of August 18, 1976 (Federal Law Gazette1976 I, 2181) was intended to improve the struggle against terrorism. Following a

consistent concept, it amends substantive (StGB) and procedural (StPO) criminallaw as well as the law of the judiciary (GVG) and the law regulating the conduct ofattorneys.

A key element involving an amendment to the substantive criminal law

is the introduction of the offence of a "Formation of a terrorist organization" inparagraph 129a of the Penal Code. The Act includes the following procedural andorganizational changes related to charges regarding this offence:

- Easier imposition of pre-trial arrest, (paragraph 112 (3) of the Code ofCriminal Procedure).

-Monitoring of written communication between the accused and hisdefence counsel, (paragraphs 148, 148a of the Code of Criminal Procedure).

- Primary investigative responsi'iility of the Federal Public Prosecutor andjurisdiction at first instance of the High Court (Oberlandesgericht), (paragraphs120 and 142a of the Judiciary Act).

3. The so-called "Ban on Contact Act" of September 30, 1977 (Federal LawGazette 1977 I, 1877) allows, through the introduction of paragraphs 31 to 38 tothe "Introductory Act to the Judiciary Act" (Einflihrungsgesetz zumGerichtsverfassungsgesetz, EGGVG), for the complete interruption of contactbetween imprisoned terrorists and non-official persons outside the detentionfacility.

4. The Amendment Act to the Code of Criminal Procedure (April 14, 1978,Federal Law Gazette 1978 1, 497) contains provisions which make it easier toexclude a defence counsel from a trial involving the offence of "Formation of aterrorist organization" and from all other proceedings against the accused person.In addition this Act contains authorizations for a number of further enforcementmeasures against a person accused of a formation of a terrorist organization. Inparticular it introduces new regulations regarding identity check, check points andthe search of blocks of houses (paragraphs 103, 111, 127, 163b, 163c of the Codeof Criminal Procedure).

5. A further legal initiative to combat terrorism led to the introduction of theso-called "principal witness-regulation" in case of terrorist acts (Article 4 of theAmendment Act to the Penal Code, Code of Criminal Procedures and others, ofJune 9, 1989, Federal Law Gazette 1989 I, 1059). This regulation was primarilyintended to prevent future terrorist acts. At the same time it was meant to promotethe solution of committed terrorist acts and to make members of terroristorganizations feel insecure by weakening their mutual trust. The term for theprincipal witness regulation was at first limited to December 31, 1992. Theprovision was extended several times, regarding both its term (to December 31,1995, eventually to December 31, 1999) and its scope (extension to the field of

organized crime). On January 1, 2000, the principal witness regulation expiredbecause the German Federal Parliament had decided not to extend its term again.

XIX. GUATEMALA5 6

1. PENAL CODE

Chapter IV

Crimes against public order

Article 391 - (Terrorism) Persons who, with the objective of attacking theconstitutional system or disrupting public order, commit acts intended to causefire, destruction to railway, maritime, river or air disasters, shall be sentenced tofive to 15 years' imprisonment.

If explosives of high destructive force are used in the commission ofsuch crimes, or if, as a result thereof, one or more persons are killed or seriouslywounded, the perpetrator shall be sentenced to 10 to 30 years' imprisonment.

Article 392 - (Public intimidation) Persons who, with the objective of spreadingpublic terror, causing alarm or inciting disturbances or disorder, set off smallexplosives or any other similar device or use explosives or make public threatsconcerning a common danger, shall be sentenced to six months to two years'imprisonment.

Article 393 - (Aggravated public intimidation) If the acts covered by the previousarticle were committed in a large assembly of people, or caused fire, destruction orany other disaster or catastrophe, the perpetrator shall be sentenced to three to 10years' imprisonment.

Article 394 - (Incitement to crime) Persons who publicly incite the commissionof a specific crime shall be sentenced to one to four years' imprisonment.

Article 395 - (Support for crimes) Persons who publicly express support for acrime or for a person convicted of a crime shall be punished by a fine of between100 and 1,000 quetzales.

Article 396 - (Illegal associations) Persons who promote the organization oroperation of associations which act in agreement with or on the orders ofinternational bodies which advocate communist ideology or any other totalitariansystem, or aim to commit crimes or to take part in them, shall be sentenced to twoto six years' imprisonment.

56 Transmitted to the Secretariat by that Government on 5 June 2000 and 8 June 2001.

Article 397 - (Illegal meetings and demonstrations) Persons who organize orpromote any public meeting or demonstration in violation of the provisionsregulating this right or who participate in such meetings shall be sentenced to sixmonths to two years' imprisonment.

XX. HUNGARY 7

1. CRIMINAL CODE

Article 261. Acts of terrorism

I. A person who deprives another person of his or her personal freedom, orseizes considerable material goods, and conditions the release of the person or themaintenance of the goods in an undamaged state or the return of the goods on thefulfillment of a demand addressed to a State organ or social organization, c )mmitsa felony, which shall be punishable by imprisonment for five to fifteen years.

2. The punishment shall be imprisonment for ten to fifteen years or life, if an act

of terrorism is committed:

(a) Causing death or especially grave damage;

(b) In wartime.

3. A person who carries out preparations for an act of terrorism commits afelony, which shall be punishable by imprisonment for one to five years.

4. A person who obtains credible information suggesting that the perpetration ofan act of terrorism is being prepared and fails to report this to the authorities assoon as he can, commits a felony, which shall be punishable by imprisonment for amaximum of three years.

5. The punishment of a person who abandons an act of terrorism before anygrave consequence has arisen therefrom may be mitigated without limitation.


XXI. INDIWs

1. THE TOKYO CONVENTION ACT, 1975 (No. 20 of 1975)

[8th May 1975]

An Act to give effect to the Convention on offences and certain otheracts committed on board aircraft.

WHEREAS a Convention on offences and certain other acts committedon board aircraft was on the Fourteenth day of September, 1963, signed at Tokyo;

AND WHEREAS it is expedient that India should accede to the saidConvention and should make provisions for giving effect thereto;

BE it enacted by Parliament in the Twenty-sixth Year of the Republic ofIndia as follows:

CHAPTER IPRELIMINARY

Short title, extent and commencement

1. (1) This Act may be called the Tokyo Convention Act, 1975.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, bynotification in the Official Gazette, appoint.

CHAPTER IIDEFINITIONS

Definitions

2. (1) In this Act, unless the context otherwise requires-

(a) "aircraft" means any aircraft, whether or not registered in India,other than-

(i) a military aircraft; or

5 Transmitted to the Secretariat by that Government on 15 December 2000. Marginal notesand footnotes have not been reproduced.

187

(ii) an aircraft belonging to, or exclusively employed in the

service of, the State;

(b) "appropriate authority" means-

(i) in relation to India, any police officer not below the rankof an Assistant Sub-Inspector or any Immigration Officer,and

(ii) in relation to any other country, being a Conventioncountry, any officer having functions corresponding to thefunctions in India either of a police officer not below therank of an Assistant Sub-Inspector or of an ImmigrationOfficer;

(c) "commander", in relation to an aircraft, means the member of thecrew designated as commander of the aircraft by the operator thereof, orfailing such a person, the person who is for the time being the pilot incommand of the aircraft;

(d) "Convention country" means a country in which the TokyoConvention is for the time being in force;

(e) "Indian registered aircraft" means an aircraft--

(A) which is for the time being registered in India;

(B) which is not for the time being registered in any countrybut in the case of which either the operator of the aircraft oreach person entitled as owner to any legal or beneficial interestin it satisfies the following requirements, namely:

(i) that he is a person qualified to be owner of alegal or beneficial interest in an aircraftregistered in India; and

(ii) that he resides or has his principal place ofbusiness in India; or

(C) which, for the time being registered in any country otherthan India, is for the time being chartered by demise to aperson who, or to persons each of whom, satisfies the require-ments specified in sub-clause (B) (i) and (ii);

(f) "military aircraft" means an aircraft of the naval, military or airforce of any country and includes every aircraft, commanded by a personin naval, military or air force service, detailed for the purpose;

(g) "operator", in relation to an aircraft at any time, means the personwho at that time has the management of the aircraft;

(h) "pilot in command," in relation to an aircraft, means a person whofor the time being is in charge of the piloting of the aircraft withoutbeing under the direction of any other pilot in the aircraft and responsiblefor the operation and safety of the aircraft during flight time;

(i) "Tokyo Convention" means the Convention on offences and certainother acts committed on board aircraft signed at Tokyo on the Fourteenthday of September, 1963;

(j) any reference to a country or to the territorial limits thereof shall beconstrued as including a reference to the territorial waters, if any, of thatcountry, and any reference to an aircraft in flight shall include areference to an aircraft during any period when it is on the surface of thesea or land but not within the territorial limits of any country.

(2) For the purposes of this Act, the period during which an aircraft is in flightshall be deemed to include any period from the moment when power is applied forthe purpose of the aircraft taking off on a flight until the moment when the landingrun, if any, at the termination of that flight ends; and for the purpose of section 5the aforesaid period shall also be deemed to include-

(i) any further period from the moment when all external doors, if any,of the aircraft are closed following embarkation for a flight until themoment when any such door is opened for disembarkation, after thatflight;

(ii) if the aircraft makes a forced landing, any period thereafter until thetime-

(a) in a case where the forced landing takes place in India,when the appropriate authority arrives at the place of suchforced landing; and

(b) in any other case, when the appropriate authority takesover the responsibility for the aircraft and for the personsand property on board the aircraft.

CHAPTER III

OFFENCES

Application of criminal law to aircraft

3. (1) Any act or omission taking place on board an Indian registered aircraftwhile in flight elsewhere than in or over India which, if taking place in India,

would constitute an offence under any law in force in India shall constitute thatoffence:

Provided that this sub-section shall not apply to any act or omission whichis expressly or impliedly authorised by or under any law of a country outside India,where the aircraft is in flight

(2) No proceedings for an offence under any law in force in India, committed onboard an aircraft while in flight elsewhere than in or over India (other than anoffence under the Aircraft Act, 1934) shall be instituted except by or with theconsent of the Central Government.

(3) Nothing contained in sub-section (2) shall prevent the arrest, or the issue of awarrant for the arrest, of any person in respect of any offence, or the remanding incustody or on bail of any person charged with any offence.

Provisions as to Extradition Act

4. For the purposes of application of the Extradition Act, 1962, to crimescommitted on board an aircraft in flight, any aircraft registered in a Conventioncountry shall, at any time while that aircraft is in flight, be deemed to be within thejurisdiction of that country, whether or not it is for the time being also within thejurisdiction of any other country.

Powers of commander of aircraft

5. (1) If the commander of an aircraft in flight, wherever the aircraft may be, hasreasonable grounds to believe in respect of any person on board the aircraft-

(a) that the person in question has done or is about to do any act on theaircraft while it is in flight which jeopardises or may jeopardise-

(i) the safety of the aircraft or of persons or property onboard the aircraft; or

(ii) the good order and discipline on board the aircraft; or

(b) that the person in question has done on the aircraft while in flightany act which in the opinion of the commander is an offence under anylaw in force in the country in which the aircraft is registered, not being alaw of a political nature or based on racial or religious discrimination,

then, subject to the provisions of sub-section (4), the commander may take withrespect to that person such reasonable measures, including restraint of his person,as may be necessary-

(i) to protect the safety of the aircraft or of persons or property onboard the aircraft; or

(ii) to maintain good order and discipline on board the aircraft; or

(iii) to enable the commander to disembark or deliver that person inaccordance with the provisions of sub-section (5).

(2) The aircraft commander may require the assistance of other crew membersand may request, but not require, the assistance of passengers or authorise othercrew members and passengers, to restrain any person whom he is entitled torestrain.

(3) Any crew member or passenger may also take reasonable preventivemeasures without any authorisation under sub-section (2) when he has reasonablegrounds to believe that such action is immediately necessary to protect the safetyof the aircraft, or of persons or property therein.

(4) Any restraint imposed on any person on board an aircraft under the powersconferred by the foregoing provisions of this section shall not be continued afterthe time when the aircraft first thereafter ceases to be in flight unless before or assoon as is reasonably practicable after that time, the commander of the aircraftcauses notification of the fact that a person on board the aircraft is under restraintand of the reasons therefor to be sent to the appropriate authority of the country inwhich the aircraft so ceases to be in flight, but subject to such notification may becontinued after that time-

(a) for any period (including the period of any further flight) betweenthat time and the first occasion thereafter on which the commander isable with any requisite consent of the appropriate authorities todisembark or deliver the person under restraint in accordance with theprovisions of sub-section (5); or

(b) if the person under restraint agrees to continue his journey under

restraint on board that aircraft.

(5) The commander of an aircraft,-

(a) if, in the case of any person on board the aircraft, he has reasonablegrounds-

(i) to believe as mentioned in clause (a) of sub-section (1);and

(ii) to believe that it is necessary so to do in order to protectthe safety of the aircraft or of persons or property onboard the aircraft or to maintain good order and disciplineon board the aircraft,

may disembark that person in any country in which that aircraft may be; and

(b) if, in the case of any person on board the aircraft, he has reasonablegrounds to believe as mentioned in clause (b) of sub-section (1), maydeliver that person to the appropriate authority.

(6) The commander of an aircraft-

(a) if he disembarks any person in pursuance of clause (a) ofsub-section (5), in the case of an Indian registered aircraft, in anycountry or, in the case of any other aircraft, in India, shall report the factof, and the reasons for, that disembarkation to--

(i) the appropriate authority in the country of disembarka-tion; and

(ii) the appropriate diplomatic or consular officer of thecountry of nationality of that person;

(b) if he intends to deliver any person in pursuance of clause (b) ofsub-section (5) in India, or in the case of an Indian registered aircraft, inany other country which is a Convention country, shall before or as soonas reasonably practicable after landing give notification of his intentionand of the reasons therefor-

(i) to the appropriate authority; and

(ii) in either case, to the appropriate diplomatic or consularofficer of the country of nationality of that person;

and any commander of an aircraft who without reasonable cause fails to complywith the requirements of this sub-section shall be liable on summary conviction toa fine not exceeding one thousand rupees.

Jurisdiction

6. (1) For the avoidance of doubt, it is hereby declared that for the purpose ofany proceedings before a court in India, any court having jurisdiction in respect ofpiracy committed on the high seas shall have jurisdiction in respect of offences andother acts committed on board an aircraft as described in this Act wherever thatoffence or act is committed.

(2) For the purposes of conferring jurisdiction, an offence under any law in forcein India, committed on board an aircraft in flight shall be deemed to have beencommitted in any place in India where the offender may for the time being be.

Provisions as to evidence in connection with aircraft

7. (1) Where in any proceedings before a court in India for an offence or otheract committed on board an aircraft the testimony of any person is required and thecourt is satisfied that the person in question cannot be found in India, there shall beadmissible in evidence before that court any deposition relating to the subjectmatter of those proceedings previously made on oath by that person outside Indiawhich was so made-

(a) in the presence of the person charged with the offence; and

(b) before a judge or a magistrate of a country such as is mentioned inthe First Schedule to the Citizenship Act, 1955 or before a consularofficer of the Central Government.

(2) Any such deposition shall be authenticated by the signature of the judge,magistrate or consular officer before whom it was made and he shall certify thatthe person charged with the offence was present at the taking of the deposition.

(3) It shall not be necessary in any proceedings to prove the signature or officialcharacter of the person appearing so to have authenticated any such deposition orto have given such a certificate, and such a certificate shall, unless the contrary isproved, be sufficient evidence in any proceedings that the person charged with theoffence was present at the making of the deposition.

(4) If a complaint is made to such a consular officer as aforesaid that any offencehas been committed on an Indian registered aircraft while in flight elsewhere thanin or over India, that officer may enquire into the case upon oath.

(5) In this section--

(a) the expression "deposition" includes an affidavit, affirmation orstatement made upon oath; and

(b) the expression "oath" includes an affirmation or declaration in thecase of persons allowed by law to affirm or declare instead of swearing;

and nothing contained in this section shall prejudice the admission as evidence ofany deposition which is admissible in evidence apart from this section.

Provisions as to documentary evidence

8. (1) In any legal proceedings under this Act, a document published by theMinistry of the Central Government dealing with Civil Aviation and purporting tobe the publication known as "Aeronautical Information Publication" or apublication of the series known as "Notam" and "Aeronautical InformationCircular" shall be evidence of the matters appearing from that document.

(2) Any message or signal transmitted to or received from an aircraft whichrelates to the position of the aircraft will be treated as evidence of certain records

and shall apply to any legal proceedings.

CHAPTER IV

MISCELLANEOUS

Power to apply the provisions ofAct with modifications to certain aircraft

9. The Central Government may, by notification in the Official Gazette, directthat all or any of the provisions of this Act shall apply to an aircraft referred to insub-clause (B) of clause (e) of sub-section (1) of section 2, subject to suchmodifications as may be specified in the notification.

Contracting Parties to Convention

10. The Central Government may, by notification in the Official Gazette, certifyas to who are the contracting parties to the Tokyo Convention and to what extentthey have availed themselves of the provisions of the Convention, and any suchnotification by the Central Government shall be conclusive evidence of the matterscertified therein.

Power to treat certain aircraft to be registered in Convention country

11. If the Central Government is satisfied that the requirements of Article 18 ofthe Tokyo Convention have been satisfied in relation to any aircraft, it may, bynotification in the Official Gazette, direct that such aircraft shall, for the purposesof this Act, be treated as registered in such Convention country as may bespecified in the notification.

2. THE ANTI-HIJACKING ACT, 1982 (No. 65 of 1982)

[6th November 1982]

An Act to give effect to the Convention for the Suppression of UnlawfulSeizure of Aircraft and for matters connected therewith.

WHEREAS a Convention for the Suppression of Unlawful Seizure ofAircraft was, on the 16th day of December, 1970, signed at The Hague;

AND WHEREAS it is expedient that India should accede to the saidConvention and make provisions for giving effect thereto and for mattersconnected therewith;

BE it enacted by Parliament in the Thirty-third Year of the Republic ofIndia as follows:

CHAPTER IPRELIMINARY

Short title, extent, application and commencement

1. (1) This Act may be called the Anti-Hijacking Act, 1982.

(2) It extends to the whole of India and, save as otherwise provided in this Act, itapplies also to any offence thereunder committed outside India by any person.


Definitions

2. In this Act, unless the context otherwise requires,

(a) "aircraft" means any aircraft, whether or not registered in India,other than a military aircraft or an aircraft used in customs or policeservice;

(b) "aircraft registered in India" means an aircraft which is for the timebeing registered in India;

(c) "Convention country" means a country in which the HagueConvention is for the time being in force;

(d) "Hague Convention" means the Convention for the Suppression ofUnlawful Seizure of Aircraft signed at The Hague on the 16th day ofDecember, 1970;

(e) "military aircraft" means an aircraft of the naval, military, air forceor any other armed forces of any country and includes every aircraftcommanded for the time being by a person in any such force detailed forthe purpose.

CHAPTER II

HIJACKING AND CONNECTED OFFENCES

Hijacking

3. (1) Whoever on board an aircraft in flight, unlawfully, by force or threat offorce or by any other form of intimidation, seizes or exercises control of thataircraft, commits the offence of hijacking of such aircraft.

(2) Whoever attempts to commit any of the acts referred to in sub-section (1) inrelation to any aircraft, or abets the commission of any such act, shall also bedeemed to have committed the offence of hijacking of such aircraft.

(3) For the purposes of this section, an aircraft shall be deemed to be in flight atany time from the moment when all its external doors are closed followingembarkation until the moment when any such door is opened for disembarkation,and in the case of a forced landing, the flight shall be deemed to continue until thecompetent authorities of the country in which such forced landing takes place takeover the responsibility for the aircraft and for persons and property on board.

Punishment for hijacking

4. Whoever commits the offence of hijacking shall be punished withimprisonment for life and shall also be liable to fine.

Punishment for acts of violence connected with hyacking

5. Whoever, being a person committing the offence of hijacking of an aircraft,commits, in connection with such offence, any act of violence against anypassenger or member of the crew of such aircraft, shall be punished with the samepunishment with which he would have been punishable under any law for the timebeing in force in India if such act had been committed in India.

Jurisdiction

6. (1) Subject to the provisions of sub-section (2), where an offence undersection 4 or section 5 is committed outside India, the person committing suchoffence may be dealt with in respect thereof as if such offence had been committedat any place within India at which he may be found.

(2) No court shall take cognizance of an offence punishable under section 4 or

section 5 which is committed outside India unless-

(a) such offence is committed on board an aircraft registered in India;

(b) such offence is committed on board an aircraft which is for the timebeing leased without crew to a lessee who has his principal place ofbusiness or where he has no such place of business, his permanentresidence in India; or

(c) the alleged offender is a citizen of India or is on board the aircraft inrelation to which such offence is committed when it lands in India or isfound in India.

CHAPTER IIIMISCELLANEOUS

Provisions as to extradition

7. (1) The offences under section 4 and section 5 shall be deemed to have beenincluded as extraditable offences and provided for in all the extradition treatiesmade by India with Convention countries and which extend to, and are binding on,India on the date of commencement of this Act.

(2) For the purposes of the application of the Extradition Act, 1962 to offencesunder this Act, any aircraft registered in a Convention country shall, at any timewhile that aircraft is in flight, be deemed to be within the jurisdiction of thatcountry, whether or not it is for the time being also within the jurisdiction of anyother country.

Contracting parties to Convention

8. The Central Government may, by notification in the Official Gazette, certifyas to who are the contracting parties to the Hague Convention and to what extentthey have availed themselves of the provisions of the Convention, and any suchnotification shall be conclusive evidence of the matters certified therein.

Power to treat certain aircraft to be registered in Convention countries

9. If the Central Government is satisfied that the requirements of Article 5 of theHague Convention have been satisfied in relation to any aircraft, it may, bynotification in the Official Gazette, direct that such aircraft shall, for the purposesof this Act, be treated as registered in such Convention country as may bespecified in the notification.

Previous sanction necessary for prosecution

10. No prosecution for an offence under this Act shall be instituted except withthe previous sanction of the Central Government.

Protection of action taken in good faith

11. (1) No suit, prosecution or other legal proceeding shall lie against anyperson for anything which is in good faith done or intended to be done inpursuance of the provisions of this Act.

(2) No suit or other legal proceeding shall lie against the Central Government forany damage caused or likely to be caused for anything which is in good faith doneor intended to be done in pursuance of the provisions of this Act.

3. THE SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETYOF CIVIL AVIATION ACT, 1982 (No. 66 of 1982)

[6th November 19821

An Act to give effect to the Convention for the Suppression of UnlawfulActs against the Safety of Civil Aviation and for matters connected therewith.

WHEREAS a Convention for the Suppression of Unlawful Acts againstthe Safety of Civil Aviation was, on the 23rd day of September, 1971, signed atMontreal;

AND WHEREAS it is expedient that India should accede to the saidConvention and make provisions for giving effect thereto and for mattersconnected therewith;

BE it enacted by Parliament in the Thirty-third Year of the Republic ofIndia as follows:

CHAPTER I

PRELIMINARY

Short title, extent, application and commencement

1. (1) This Act may be called the Suppression of Unlawful Acts against Safetyof Civil Aviation Act, 1982.

(2) It extends to the whole of India and, save as otherwise provided in this Act, itapplies also to any offence under section 3 committed outside India by any person.


Definitions

2. (1) In this Act, unless the context otherwise requires, -

(a) "aircraft" means any aircraft, whether or not registered in India,other than a military aircraft or an aircraft used in customs or policeservice;

(b) "aircraft registered in India" means an aircraft which is for the timebeing registered in India;

(c) "Convention country" means a country in which the MontrealConvention is for the time being in force;

(d) "military aircraft" means an aircraft of the naval, military, air forceor any other armed forces of any country and includes every aircraftcommanded for the time being by a person in such force detailed for thepurpose;

(e) "Montreal Convention" means the Convention for the Suppressionof Unlawful Acts against the Safety of Civil Aviation signed at Montrealon the 23rd day of September, 1971.

(2) For the purposes of this Act,

(a) an aircraft shall be deemed to be in flight at any time from themoment when all its external doors are closed following embarkationuntil the moment when any such door is opened for disembarkation, andin the case of a forced landing, the flight shall be deemed to continueuntil the competent authorities of the country in which such forcedlanding takes place take over the responsibility for the aircraft and forpersons and property on board;

(b) an aircraft shall be deemed to be in service from the beginning ofthe pre-flight preparation of the aircraft by the ground staff or by thecrew for a specific flight until twenty-four hours after any landing andthe period of such service shall include the entire period during whichthe aircraft is in flight.

CHAPTER II

OFFENCES

Offences of committing violence on board an aircraft in flight, etc.

3. (1) Whoever unlawfully and intentionally-

(a) commits an act of violence against a person on board an aircraft inflight which is likely to endanger the safety of such aircraft; or

(b) destroys an aircraft in service or causes damage to such aircraft insuch a manner as to render it incapable of flight or which is likely toendanger its safety in flight; or

(c) places or causes to be placed on an aircraft in service, by any meanswhatsoever, 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 causedamage to it which is likely to endanger its safety in flight; or

(d) communicates such information which he knows to be false so as toendanger the safety of an aircraft in flight;

shall be punished with imprisonment for life and shall also be liable to fine.

(2) Whoever attempts to commit, or abets the commission of, any offence undersub-section (1) shall also be deemed to have committed such offence and shall bepunished with the punishment provided for such offence.

Destruction of, or damage to, air navigation facilities

4. (1) Whoever unlawfully and intentionally destroys or damages airnavigation facilities or interferes with their operation in such a manner as is likelyto endanger the safety of the aircraft in flight shall be punished with imprisonmentfor life and shall also be liable to a fine.

(2) Whoever attempts to commit, or abets the commission of, any offence undersub-section (1) shall also be deemed to have committed such offence and shall bepunished with the punishment provided for such offence.

Jurisdiction

5. (1) Subject to the provisions of sub-section (2), where an offence undersection 3 is committed outside India, the person committing such offence may bedealt with in respect thereof as if such offence had been committed at any placewithin India at which he may be found.

(2) No court shall take cognizance of an offence punishable under section 3

which is committed outside India unless-

(a) such offence is committed on board an aircraft registered in India;

(b) such offence is committed on board an aircraft which is for thetime being leased without crew to a lessee who has his principal place ofbusiness, or where he has no such place of business, his permanentresidence in India; or

(c) the alleged offender is a citizen of India or is on board the aircraft inrelation to which such offence is committed when it lands in India or isfound in India.

CHAPTER IIIMISCELLANEOUS


6. (1) The offences under section 3 and section 4 shall be deemed to have beenincluded as extraditable offences and provided for in all the extradition treatiesmade by India with Convention countries and which extend to, and are binding on,India on the date of commencement of this Act.

200

(2) For the purposes of the application of the Extradition Act, 1962 to offencesunder this Act, any aircraft registered in a Convention country shall, at any timewhile that aircraft is in flight, be deemed to be within the jurisdiction of thatcountry, whether or not it is for the time being also within the jurisdiction of anyother country.

Contracting parties to Convention

7. The Central Government may, by notification in the Official Gazette, certifyas to who are the contracting parties to the Montreal Convention and to whatextent they have availed themselves of the provisions of the Convention, and anysuch notification shall be conclusive evidence of the matters certified therein.

Power to treat certain aircraft to be registered in Convention Countries

8. If the Central Government is satisfied that the requirements of Article 9 of theMontreal Convention have been satisfied in relation to any aircraft, it may, bynotification in the Official Gazette, direct that such aircraft shall, for the purposesof this Act, be treated as registered in such Convention country as may bespecified in the notification.


9. No prosecution for an offence under this Act shall be instituted except withthe previous sanction of the Central Government.


10. (1) No suit, prosecution or other legal proceeding shall lie against anyperson for anything which is in good faith done or intended to be done inpursuance of the provisions of this Act.


4. THE SAARC CONVENTION (SUPPRESSION OF TERRORISM)ACT, 1993 (No. 36 of 1993)

[26th April 1993]

An Act to give effect to the South Asian Association for RegionalCooperation Convention on Suppression of Terrorism and for matters connectedtherewith or incidental thereto.

WHEREAS a Convention on the Suppression of Terrorism was signedon behalf of the Government of India at Kathmandu on the 4th day of November,1987;

AND WHEREAS India having ratified the said Convention, shouldmake provisions for giving effect thereto and for matters connected therewith orincidental thereto;

BE it enacted by Parliament in the Forty-fourth Year of the Republic ofIndia as follows:

Short title, extent and application

1. (1) This Act may be called the SAARC Convention (Suppression ofTerrorism) Act, 1993.

(2) It extends to the whole of India and, subject to the provisions of section 6, itapplies also to any offence under this Act committed outside India by any person.

Definitions

2. In this Act, unless the context otherwise requires,

(a) "Convention" means the South Asian Association for RegionalCooperation Convention on Suppression of Terrorism signed atKathmandu on the 4th day of November, 1987 as set out in theSchedule;

59

(b) "Convention country" means a country in which the Convention isfor the time being in force.

Application of the Convention

3. Notwithstanding anything to the contrary contained in any other law, theprovisions of Articles I to VIII of the Convention shall have the force of law inIndia.

Hostage-taking

4. (1) Whoever, by force or threat of force or by any other form ofintimidation, seizes or detains any person and threatens to kill or injure that personwith intent to cause a Convention country to do or abstain from doing any act as

'9 The Schedule containing the SAARC Regional Convention on Suppression of Terrorismhas not been reproduced but is available for consultation from the Codification Division,Office of Legal Affairs.

202

the means of avoiding the execution of such threat, commits the offence ofhostage-taking.

(2) Whoever commits the offence of hostage-taking shall be punished withimprisonment for a term which may extend to ten years, and shall also be liable tofine.

Provisions as to Extradition Act

5. For the purposes of the Extradition Act, 1962, in relation to a Conventioncountry, an offence under sub-section (1) of section 4 or any other offencespecified in Article I of the Convention, shall not be considered to be an offence ofa political character.

offences committed outside India

6. (1) When an offence under sub-section (1) of section 4 or any other offencespecified in Article I of the Convention is committed outside India, -

(a) by a citizen of India, whether on the high seas or elsewhere;

(b) by a person, not being such citizen, on any ship or aircraft,registered in India; or

(c) by a person, not being such citizen, in a Convention country,

he may be dealt with in respect of such offence as if it had been committed at anyplace within India at which he may be found.

(2) Notwithstanding anything contained in sub-section (1), the CentralGovernment may, by general or special order published in the Official Gazette,direct that the offence under sub-section (1) of section 4 or any other offencespecified in Article I of the Convention may be inquired into or tried at any placewithin India.


7. No prosecution for an offence under this Act shall be instituted except withthe previous sanction of the Central Government and the sanction granted underthis section shall be deemed to be a sanction granted under section 188 of the Codeof Criminal Procedure, 1973.


8. (1) No suit, prosecution or other legal proceeding shall lie against anyperson for anything which is in good faith done or intended to he done inpursuance of the provisions of this Act.


XXII. ISRAEL60

1. PREVENTION OF TERRORISM ORDrNANCE 6'

THE PROVISIONAL COUNCIL OF STATE hereby enacts as follows:-

1. "Terrorist organisation" means a body of persons resorting in its activities toacts of violence calculated to cause death or injury to a person or to threats of suchacts of violence;

"member of a terrorist organisation" means a person belonging to it and includes aperson participating in its activities, publishing propaganda in favour of a terroristorganisation or its activities or aims, or collecting moneys or articles for the benefitof a terrorist organisation or its activities.

Activity in a terrorist organisation

2. A person performing a function in the management or instruction of a terroristorganisation or participating in the deliberations or the framing of the decisions ofa terrorist organisation or acting as a member of a tribunal of a terroristorganisation or delivering a propaganda speech at a public meeting or over thewireless on behalf of a terrorist organisation, shall be guilty of an offence and shallbe liable on conviction to imprisonment for a term not exceeding twenty years.

Membership in a terrorist organisation

3. A person who is a member of a terrorist organisation shall be guilty of anoffence and be liable on conviction to imprisonment for a term not exceeding fiveyears.

Supporting a terrorist organisation

4. A person who -

60 Transmitted to the Secretariat by that Government on 22 May 2001.

6' No. 33 of 5708-1948. Published in the Official Gazette, No. 24 of the 25h Elul, 5708 (29"

September, 1948)

(a) publishes, in writing or orally, words of praise, sympathy orencouragement for acts of violence calculated to cause death or injury toa person or for threats of such acts of violence; or

(b) publishes, in writing or orally, words of praise or sympathy for, oran appeal for aid or support of a terrorist organisation; or

(c) has propaganda material in his possession on behalf of a terroristorganisation; or

(d) gives money or money's worth for the benefit of a terroristorganisation; or

(e) puts a place at the disposal of anyone in order that that place mayserve a terrorist organisation or its members, regularly or on a particularoccasion, as a place of action, meeting, propaganda or storage; or

(f) puts an article at the disposal of anyone in order that that articlemay serve a terrorist organisation or a member of a terrorist organisationin carrying out an act on behalf of the terrorist organisation,

shall be guilty of an offence and shall be liable on conviction to imprisonment fora term not exceeding three years or to a fine not exceeding one thousand pounds orto both such penalties.

Confiscation ofproperty

5. (a) Any property of a terrorist organisation, even if acquired before thepublication of this Ordinance in the Official Gazette, shall be confiscated in favourof the State by order of a District Court.

(b) Any property liable to confiscation under this section shall be attached by adecision in writing of the Chief of the General Staff of the Defence Army of Israelor the Inspector General of the Israel Police.

(c) Any property being in a place serving a terrorist organisation or its members,regularly or on a particular occasion, as a place of action, meeting, propaganda orstorage, and also any property being in the possession or under the control of amember of a terrorist organisation, shall be considered the property of a terroristorganisation unless the contrary is proved.

Closing ofplaces of action etc. of a terrorist organisation

6. (a) The Chief of the General Staff of the Defence Army of Israel, theInspector-General of the Israel Police, a military governor or a militarycommander of an area, may decide in writing to close any place serving a terroristorganisation or its members, regularly or on a particular occasion, as a place of

action, meeting, propaganda or storage; as soon as a decision as aforesaid has beengiven, it may be carried out by any army officer or police inspector;

(b) Any person aggrieved by a decision given under subsection (a) may appealagainst it to a District Court within fifteen days of the day on which the decisioncame to his knowledge.

Proof of the existence of a terrorist organisation

7. In order to prove, in any legal proceeding, that a particular body of persons isa terrorist organisation, it shall be sufficient to prove that -

(a) one or more of its members, on behalf or by order of that body ofpersons, at any time after the 5h lyar, 5708 (14' May, 1948), committedacts of violence calculated to cause death or injury to a person or madethreats of such acts of violence; or

(b) the body of persons, or one or more of its members on its behalf orby its order, has or have declared that that body of persons is responsiblefor acts of violence calculated to cause death or injury to a person or forthreats of such acts of violence, or has or have declared that that body ofpersons has been involved in such acts of violence or threats, providedthat the acts of violence or threats were committed or made after the 5hIyar, 5708 (14"' May, 1948).

Government declaring organisation to be a terrorist organisation

8. If the Government, by notice in the Official Gazette, declares that a particularbody of persons is a terrorist organisation, the notice shall serve, in any legalproceeding, as proof that that body of persons is a terrorist organisation, unless thecontrary is proved.

Proof of membership in a terrorist organisation

9. (a) If it is proved that a person was at any time after the 50' lyar, 5708 (14'

May, 1948) a member of a particular terrorist organisation, that person shall beconsidered a member of that terrorist organisation unless he proves that he hasceased to be a member of it.

(b) A person being in a place serving a terrorist organisation or its members as aplace of action, meeting or storage shall be considered a member of a terroristorganisation unless it is proved that the circumstances of his being in that place donot justify this conclusion.

Proof by a publication of a terrorist organisation

10. In order to convict an accused under this Ordinance and also for the purposesof the confiscation of property under this Ordinance, any matter which appears

206

from its contents to have been published, in writing or orally, by or on behalf of aterrorist organisation, may be accepted as evidence of the facts presented therein.

Judgment to be prima facie evidence

II. (a) If it is determined by a final judgment that a particular body of persons isa terrorist organisation, the judgment shall, in any other legal proceeding, beconsidered as prima facie evidence that that body of persons is a terroristorganisation.

(b) A judgment of a military court given and confirmed under this Ordinance,and also a judgment of a civil court from which no appeal lies - either because thelaw does not allow an appeal or because no appeal has been lodged with theprescribed time - shall be considered a final judgment within the meaning of thissection.

Competent court, its composition and procedure

12. (a) Anyone committing an offence under this Ordinance shall be brought fortrial before and be judged by a military court.

(b) A military court, when trying a case under this Ordinance, shall be composedof three members to be appointed by the Chief of the General Staff of the DefenceArmy of Israel.

(c) The members of the court shall be members of the Defence Army of Israel,and its president shall be a person qualified to practise as an advocate in the Stateof Israel or another person certified by the Attorney General of the Government ofIsrael as having sufficient legal knowledge.

(d) The procedure of the court shall be in accordance with the Army Code 5708or any other law dealing with the procedure of a military court, insofar as theprocedure is not prescribed by this Ordinance.

Arrest

13. The Criminal Procedure (Arrest and Searches) Ordinance, cap. 33, applies toa person charged with an offence under this Ordinance with the followingmodifications:

(a) the power vested by that Ordinance in a magistrate is hereby alsovested in a military prosecutor;

(b) the power vested by that Ordinance in a police officer is hereby alsovested in a military policeman.

Release on bail

14. The Release on Bail Ordinance, 1944, applies to a person charged with anoffence under this Ordinance with the following modifications:

(a) the power to release on bail before trial shall vest in a militaryprosecutor;

(b) the power to release on bail during trial and pending confirmationof the judgment shall vest in the military court dealing with the case;

(c) if an application for release is refused by a military prosecutor or amilitary court, the accused may submit it for decision to the Chief of theGeneral Staff of the Defence Army of Israel.

Confirmation ofjudgment

15. (a) Every convicting judgment of a military court under this Ordinance shallbe submitted to the Minister of Defence, who may

(1) confirm the judgment;

(2) confirm the conviction and reduce the punishment;

(3) quash the judgment and acquit the accused;

(4) quash the judgment and remit the case for retrial to a military court

of the same or a different composition.

(b) The Minister of Defence shall, before giving his decision, obtain a statementof opinion from a person qualified to act as president of a military court under thisOrdinance but who did not sit in that case.

Finality ofjudgment

16. A judgment of a military court given and confirmed under this Ordinanceshall be final and no appeal shall lie from it to any court or tribunal whatsoever.

Execution

17. A judgment of a military court under this Ordinance shall, in any matter

relating to its execution, have the same effect as ajudgment of a civil court.

Reconsideration

18. The Minister of Defence may at any time reconsider any convicting judgmentof a military court, even if it has been confirmed by him, and reduce thepunishment or replace it by a lighter punishment.

208

Pardon

19. The powers of the Minister of Defence under this Ordinance do not derogatefrom the right of pardon under any other law.

Assistance attempt, etc.

20. The provisions of the Criminal Code Ordinance, 1936, as to principaloffenders (section 23), offences committed in prosecution of a common purpose(section 24), the mode of execution (section 25), accessories after the fact (section26, 27), attempts (section 29, 30, 31), neglect to prevent offences (section 33) andconspiracy (section 34) apply as if they were expressly included in this Ordinance.

Criminal responsibility under another law

21. (a) This Ordinance does not affect the criminal responsibility of a personcommitting an offence under another law.

(b) If a person is brought before a civil court, then, notwithstanding as providedin section 12 (a), offences under this Ordinance may be included in the statementof charge.

(c) A person shall not be punished twice for the same act or omission and aperson shall not be brought for trial, in respect of the same act or omission, bothbefore a civil court and a military court.

Revocation

22. The Emergency Regulations (Prevention and Terrorism) 5708-1948, arerevoked, but their revocation does not affect any declaration or notice made orgiven or any other act done thereunder and does not exempt a person from apunishment to which he has become liable thereunder.

Implementation and regulations

23. The Minister of Defence is charged with the implementation of thisOrdinance and may make regulations as to any matter relating to itsimplementation.

Expiration of Ordinance

24. This Ordinance shall expire upon publication of a declaration of theProvisional Council of State, under section 9(d) of the Law and AdministrationOrdinance, 5708-1948, to the effect that the state of emergency has ceased toexist.

209

Title

25. This Ordinance may be cited as the Prevention of Terrorism Ordinance,5708-1948.

19'h Elul, 5708 (2 3rd September, 1948)

David Ben-GuironPrime Minister And Minister of Defence

Felix RosenbluethMinister of Justice

XXIII. ITALY62

1. SUMMARY OF ITALIAN LEGISLATION ON TERRORISM

1.1 Under Italian law terrorism in itself is not a criminal offence, however, thepenal code nevertheless covers certain criminal offences whose terrorist purpose isincluded in the definition of the crime, such as "Conspiracy to commit acts ofterrorism or to subvert the democratic order" (Article 270 bis), "Attacks forterrorist or subversive purposes" (Article 280), "Abducting a person for thepurposes of terrorism or subversion" (Article 289 bis). Furthermore, thecommission of any criminal offence for terrorist or subversive purposes constitutesan aggravating circumstance.

PENAL CODE - TERRORISM

Article 270 bis: Associations whose aim is terrorism and subversion of thedemocratic order

"Whoever promotes, establishes, organises or heads associations that proposeto carry out violent acts with the purpose of subverting the democratic order shallbe punished with imprisonment for a period of four to eight years".

Article 280: Attempt with the aim of terrorism or subversion

"Whoever, with the intent to terrorize or subvert the democratic order, makesan attempt at the life or safety of a person shall be punished in the first case withimprisonment of not less than twenty years and in the second case withimprisonment of not less than six years (aggravated if the consequences lead toinjury--serious injury--very serious injury-death; aggravated if the attempt is

62 Transmitted to the Secretariat by that Government on 26 April 2001. Unofficial

translation.210

aimed at persons who carry out judicial or penitentiary or public securityresponsibilities during their duties or as a result of their responsibilities)";

Article 289 bis: Abduction ofpersons with the aim ofterrorism or subversion

"Whoever, with the aim of terrorizing or subverting the democratic order,

abducts a person shall be punished with imprisonment for a period of twenty-fiveto thirty years. If the abduction results in the death of the person, even if deathwas not intended by the culprit, he/she shall be imprisoned for thirty years. If theculprit causes the death of the abductee a life-sentence shall be imposed. Thesentence shall be reduced if the culprit dissociates him/herself and contributes tothe freedom of the abductee."

1.2 As regards the financing of terrorism, this is not formally considered to be aspecific criminal offence. However, financing a person with the intent of makingthat person commit any kind of crime (mass-killings, murders, bomb attacks,armed robberies, thefts, abductions, etc.) creates joint criminal liability for thatcrime and the culprit is punished accordingly. Anyone financing an individual oran organisation that commits a crime for terrorist or subversive purposes - e.g. anattack falling under Article 280 of the penal code-is treated as an accomplice andis likely to receive a heavier sentence as a consequence.

XXIV. JAPAN 63

1. PENAL CODE (LAW NO. 45, APRIL 24, 1907)

Amendments:

(I) Law No. 77, April 16, 1921(2) LawNo. 61, Mar. 12, 1941(3) Law No. 124, Oct. 26, 1947(4) Law No. 195, Aug. 10, 1953(5) Law No. 57, April 1, 1954(6) Law No. 107, April 30. 1958(7) Law No. 83, May 16, 1960(8) Law No. 124, June 30, 1964(9) Law No. 61, May 21, 1968(10) Law No. 30, April 30, 1980

63 Transmitted to the Secretariat by that Government on 1 November 2000. The following

pieces of legislation have also been provided by the Government to the Secretariat and areavailable for consultation from the Codification Division, Office of Legal Affairs:International Criminal Investigation Assistance Law (Law No. 69 of 1980) and the Law ofExtradition (Law No. 68 of 1953, as amended by Law No. 163 of 1954, Law No. 86 of 1964and Law No. 70 of 1978).

(11) Law No. 52, June 2, 1987

BOOK IGENERAL PROVISIONS

Chapter I Scope ofApplication

Crimes within Japan (3) (5)

Article 1. This Code shall apply to every person who commits a crime within theterritory of Japan.

2. It shall also apply to every person who commits a crime on board a Japanesevessel or a Japanese aircraft outside the territory of Japan.

Crimes outside Japan (3) (1])

Article 2. This Code shall apply to every person who commits any of the followingcrimes outside the territory of Japan:

(1) Deleted;

(2) Crimes specified in Article 77 to 79 inclusive;

(3) Crimes specified in Articles 81, 82, 87 and 88;

(4) Crimes specified in Article 148 and attempts thereof;

(5) Crimes specified in Articles 154, 155, 157, 158, and Article 161-2relating to the electromagnetic record to be made by offices or membersof the public services;

(6) Crimes specified in Articles 162 and 163;

(7) Crimes specified in Articles 164 to 166 inclusive and attempts ofcrimes specified in Article 164 paragraph 2, 165 paragraph 2 and Article166 paragraph 2.

Crimes by Japanese outside Japan (3) (11)

Article 3. This Code shall apply to a Japanese national who commits any of thefollowing crimes outside the territory of Japan:

(1) Crimes specified in Article 108 and Article 109 paragraph 1, crimesto be dealt with along the lines of Article 108 and Article 109 paragraph1, and attempts of those crimes;

(2) Crimes specified in Article 119;

212

(3) Crimes specified in Articles 159 to 161 inclusive, Article 161-2relating to the electromagnetic record other than mentioned in item (5) ofthe preceding Article;

(4) Crimes specified in Article 167 and attempts of the crime specifiedin paragraph 2 of same Article;

(5) Crimes specified in Articles 176 to 179 inclusive, Articles 181 and

184;

(6) Crimes specified in Articles 199 and 200 and attempts thereof;

(7) Crimes specified in Articles 204 and 205;

(8) Crimes specified in Articles 214 to 216 inclusive:

(9) Crimes specified in Article 218 and the crime of killing or injuringa person as the result of perpetrating those crimes;

(10) Crimes specified in Article 220 and 221;

(11) Crimes specified in Articles 224 to 228 inclusive;


(13) Crimes specified in Articles 235 to 236 inclusive, Articles 238 to241 inclusive and Article 243; (7)

(14) Crimes specified in Articles 246 to 250 inclusive;


(16) Crimes specified in Article 256, paragraph 2.

Crimes by public servants outside Japan (2) (3)

Article 4. This Code shall apply to a Japanese public servant who commits any of

the following crimes outside the territory of Japan;

(1) Crimes specified in Article 101 and attempts thereof;


(3) Crimes specified in Article 193, Article 195 paragraph 2 andArticles 197 to 197-4 inclusive, and crimes of killing or injuring a personas the result of committing the crime specified in Article 195 paragraph2. (6)

Crimes committed outside Japanese territory to be governed by treaty (11)

Article 4-2. Besides the preceding three Articles, this Law also applies to everyperson who has committed outside Japanese territory those crimes mentioned inBook II which are considered to be punishable by a treaty even if committedoutside Japanese territory.

Effect ofjudgment rendered by foreign court (3)

Article 5. Even when an irrevocable judgment has been rendered in a foreigncountry, the imposition of penalty in Japan for the same act shall not be barredthereby. If however, the offender has undergone the execution, either in whole orin part, of the penalty pronounced abroad, the execution of penalty in Japan shallbe reduced or remitted.

Forgery of official documents

Article 155. A person, who, for the purpose of uttering, forges a document ordrawing which should be prepared by a public office or public servant, by usingthe seal or signature of such public office or public servant, or forges suchdocument or drawing by using a counterfeit seal or forged signature of such publicoffice or public servant, shall be punished with penal servitude for not less thanone year nor more than ten years.

2. The same shall apply to a person who alters a document or drawing bearing ata seal or signature of a public office or public servant.

3. In addition to the cases falling under the preceding two paragraphs, a person,who forges a document or drawing which should be prepared by a public office orpublic servant, or alters a document or drawing prepared by a public office orpublic servant, shall be punished with penal servitude for not more than three yearsor a fine of not more then three hundred yen.

Untrue entry in an authenticated deed, etc. (2) (11)

Article 157. A person, who makes a false statement before a public servant andthereby causes him to make untrue entries in the original of an authenticated deedrelating to rights or duties and untrue record on the electromagnetic record to bethe original of an authenticated deed relating to rights or duties, shall be punishedwith penal servitude for not more than five years or a fine of not more than onethousand yen.

2. A person, who makes a false statement before a public servant and therebycauses untrue entries to be made in a permit, license, or passport, shall be punishedwith penal servitude for not more than one year or a fine of not more than threehundred yen.

3. Attempts of the crimes mentioned in the preceding two paragraphs shall be

punished.

Uttering offalse official document (11)

Article 158. A person, who utters a document or drawing mentioned in thepreceding four Articles or provides the electromagnetic record mentioned inparagraph I of the preceding Article for the use of the original of an authenticateddeed, shall be punished with the same penalty as a person who forges or alters suchdocument or drawing, makes a false document or drawing or causes untrue entriesor record to be made therein.

2. Attempts of the crime mentioned in the preceding paragraph shall bepunished.

Forgery ofprivate document

Article 159. A person, who, for the purpose of uttering, forges a document ordrawing relating to a right, duty, or to the certification of a fact, by using the sealor signature of another, or who forges a document or drawing relating to a right,duty, or to the certification of a fact, by using a counterfeit seal or forged signatureof another, shall be punished with penal servitude for not less than three monthsnor more than five years.

2. The same shall apply to a person who alters a document or drawing relating toa right, duty, or to the certification of a fact which bears the seal or signature ofanother.

3. In addition to the cases falling under the preceding two paragraphs, a person,who forges or alters a document or drawing relating to a right, duty, or to thecertification of a fact, shall be punished with penal servitude for not more than oneyear or a fine of not more than one hundred yen.

Uttering forged private document

Article 161. A person, who utters a document or drawing mentioned in thepreceding two Articles, shall be punished with the same penalty as a person whoforges or alters a document or drawing or makes a false entry therein.

2. Attempts of the crimes mentioned in the preceding paragraph shall bepunished.

CHAPTER XXVII CRIMES OF INFLICTING INJURY

Inflicting injury

Article 204. A person, who inflicts an injury upon the person of another, shall hepunished with penal servitude for not more than ten years or a fine of not morethan five hundred yen or a minor fine.

Injury resulting in death

Article 205. A person, who inflicts an injury upon the person of another andthereby causes the latter's death, shall be punished with penal servitude for alimited period of not less than two years.

2. When the crime is committed against a lineal ascendant of the offender or ofthe spouse thereof, the offender shall be punished with penal servitude for life ornot less than three years.

Violence (3)

Article 208. A person, who uses violence against another without injuring him,shall be punished with penal servitude for not more than two years or a fine of notmore than five hundred yen, penal detention, or a minor fine.

Unlawful assembly with dangerous weapons (6)

Article 208-2. When two or more persons assemble for the purpose of causingjointly an injury to the life, body or property of another person, any member of thisassembly, who has prepared dangerous weapons or assembled knowing thatdangerous weapons have been prepared, shall be punished with penal servitudefor not more than two years or a fine of not more that five thousand yen.

2. In the case of the preceding paragraph, a person who, having prepareddangerous weapons or knowing that dangerous weapons have been prepared,causes other persons to assemble, shall be punished with penal servitude for notmore than three years.

CHAPTER XXXI CRIMES OF ARREST AND CONFINEMENT

Arrest and confinement

Article 220. A person, who illegally arrests or confines another, shall be punishedwith penal servitude for not less than three months nor more than five years.

2. When the crime is committed against a lineal ascendant of the offender or ofthe spouse thereof, the offender shall be punished with penal servitude for not lessthan six months nor more than seven years.

Arrest and confinement resulting in death or injury

Article 221. A person, who kills or injures another by committing the crimementioned in the preceding Article, shall be punished with the penalties for thecrimes of inflicting injury, if they be the graver.

CHAPTER XXXII CRIMES OF INTIMIDATION

Intimidation (3)

Article 222. A person, who intimidates another with injury to his life, person,liberty, reputation, or property, shall he punished with penal servitude for not morethan two years or a fine of not more than five hundred yen.

2. The same shall apply to a person who intimidates another with injury to the

life, person, liberty, reputation, or property of a relative of the latter.

Compulsion

Article 223. A person, who intimidates another with injury to his life, person,liberty, reputation or property, or uses violence against another, and thereby causesthe latter to perform an act which he is not bound to perform or obstructs him fromexercising a right to which he is entitled, shall be punished with penal servitude fornot more than three years.

2. The same shall apply to a person who intimidates another with injury to thelife, person, liberty, reputation or property of a relative of the latter and therebycauses the performance of an act which he is not bound to perform or obstructshim from exercising a right to which he is entitled.

3. Attempts of the crimes mentioned in the preceding two paragraphs shall bepunished.

CHAPTER XXXIII CRIMES OF KIDNAPPING BY FORCE ORALLUREMENT

Kidnapping procuring surrender ofproperty (8)

Article 225-2. A person, who kidnaps another by force or allurement for the objectof procuring, by taking advantage of the anxiety of the relative or other fellow whofeels anxiety on the safety of the kidnapped, surrender of their property, shall bepunished with penal servitude for life or not less than three years.

2. The same shall apply when a person who kidnaps another by force orallurement has, by taking advantage of the anxiety of the relative or other fellowwho feels anxiety on the safety of the kidnapped, procured surrender of theirproperty or effected an action of requesting said property.

CHAPTER XXXVI CRIMES OF THEFT AND ROBBERY

Damage or destruction of a structure

Article 260. A person, who damages or destroys a building or vessel belonging toanother, shall be punished with penal servitude for not more than five years. If hethereby kills or injures a person, he shall be punished with the penalties for thecrimes of inflicting injury, if they be the graver.

Damage or destruction of things in general

Article 261. A person, who damages, destroys or otherwise makes useless anobject other than those mentioned in the preceding three Articles, shall bepunished with penal servitude for not more than three years or a fine of not morethan five hundred yen or a minor fine.

2. THE LAW FOR THE REGULATIONS OF NUCLEAR SOURCEMATERIAL, NUCLEAR FUEL MATERIAL AND REACTORS64

(Law No. 166, June 10, 1957)

Partially revised by Law No. 161, May 20, 1958

Law No. 103, April 4, 1959

64 The Chapters indicated in square brackets have not been reproduced. The full text of the

Law is available for consultation from the Codification Division, Office of Legal Affairs.

Law No. 50, Mar. 31, 1961Law No. 147, June 17, 1961Law No. 140, May 16,1962Law No. 170, July 11, 1964Law No, 78, May 22, 1965Law No. 73, July 20, 1967Law No. 120, Aug. 1, 1967Law No. 5, May 20, 1958Law No. 53, May 1, 1971Law No. 80, Nov. 25, 1977Law No. 86, July 5, 1978Law No. 52, June 29, 1979Law No. 43, May 7, 1980Law No. 73, May 27, 1986Law No. 69, May 27, 1988Law No. 89, Nov. 12, 1993Law No 91, May 12, 1995Law No. 80, June 14, 1996Law No. 80, June 13, 1997 (still not in force, refer to page 155-7) andLaw No. 62, May 20, 1998.

CONTENTS

CHAPTER I GENERAL RULES (ARTICLES 1 AND 2)

[CHAPTER II REGULATIONS CONCERNING REFINING UNDERTAKINGS(ARTICLES 3-12-5)]

[CHAPTER III REGULATIONS CONCERNING THE FABRICATINGBUSINESS (ARTICLES 13-22-7)]

[CHAPTER IV REGULATIONS CONCERNING THE ESTABLISHMENT,OPERATION, ETC. OF REACTORS (ARTICLES 23-43-3)]

[CHAPTER V REGULATIONS CONCERNING THE REPROCESSINGBUSINESS (ARTICLES 44-51)]

[CHAPTER V-2 REGULATIONS CONCERNING THE WASTE DISPOSALBUSINESS (ARTICLES 51-2-51-24)]

[CHAPTER VI REGULATIONS CONCERNING THE USES, ETC. OFNUCLEAR FUEL MATERIAL, ETC. (ARTICLES 52-61-2-2)]

[CHAPTER VI-2 CONTROL CONCERNING THE USES INTERNATIONALCONTROLLED MATERIAL (ARTICLES 61-3-61-23)]

[CHAPTER VI-3 DESIGNATED INSPECTION ORGANIZATION, ETC(ARTICLES 61-24-61-43)]

219

[CHAPTER VII MISCELLANEOUS RULES (ARTICLES 62-76)]

CHAPTER VIII PENAL RULES (ARTICLES 76-2-84)

[CHAPTER IX RELEASE OF FOREIGN VESSELS, ETC., SUBJECT TOSECURITY MONEY (ARTICLES 85-89)]

CHAPTER IGENERAL RULES

Purposes

Article 1. This Law, in accordance with the spirits of the Atomic Energy BasicLaw (Law No. 186, 1955), is enacted for the purposes of providing the necessaryregulations on the refining business, the fabricating business, the reprocessingbusiness and the waste disposal business, as well as on the establishment andoperation of reactors, and also for the purpose of providing necessary regulationson the uses of international controlled material to execute the agreements or otherinternational arrangements concerning the research, development and use ofatomic energy, in order to ensure that the uses of nuclear source material, nuclearfuel material and reactors are limited to peaceful ones and carried out in a plannedmanner, and at the same time, to ensure the public safety by preventing the hazardsdue to these materials and reactors and protecting nuclear fuel material.

Definition

Article 2. In this Law, "atomic energy" means atomic energy provided in Article 3,item (i) of the Atomic Energy Basic Law.

2. In this Law, "nuclear fuel material" means nuclear fuel provided in Article 3item (ii) of the Atomic Energy Basic Law.

3. In this Law, "nuclear source material" means nuclear source materialprovided in Article 3 item (iii) of the Atomic Energy Basic Law.

4. In this Law, "reactor" means reactor provided in Article 3 item (iv) of theAtomic Energy Basic Law.

5. In this Law, "specified nuclear fuel material" means plutonium (excludingthat having an isotopic concentration of plutonium 238 exceeding 80 per cent),uranium 233, uranium with a ratio of uranium 233 and uranium 235 to uranium238 exceeding the ratio of natural composition and other nuclear fuel materialdefined by the Cabinet Order.

6. In this Law, "refining" means chemical processing of nuclear source materialor nuclear fuel material in order to increase the content of uranium or thoriumcontained in nuclear source material or nuclear fuel.

7. In this law, "fabricating" means physical or chemical processing of nuclearfuel material, in order to change nuclear fuel material into such a form orcomposition that it may be used as fuel in a reactor.

8. In this Law, "reprocessing" means the processing of nuclear fuel materialwhich has been used as fuel in a reactor or other nuclear fuel material which hasbeen subjected to nuclear fission reaction (hereinafter referred to as "spent fuel"),in order to separate nuclear fuel material or other useful material from spent fuel.

9. In this Law, "international controlled material" means nuclear sourcematerial, nuclear fuel material, a reactor or other material or equipment appliedsafeguard or other control under agreements or other international arrangementsconcerning the research, development and use of atomic energy (hereinafterreferred to as "international arrangement").

10. International controlled material provided in the preceding paragraph shall benotified by the Prime Minister.

CHAPTER VIIIPENAL RULES

Article 76-2. Any person who, through reckless handling of specified nuclearmaterial, has caused the chain reaction of nuclear fission or the emission ofradiation causing danger to the life, body or properties of a person shall becondemned to penal servitude of not more than 10 years.

2. An attempt to commit the crime mentioned in the preceding paragraph shallbe punished.

Article 76-3. Any person who has threatened by telling that he would damage thelife, body or properties of another person by using specified nuclear fuel materialshall be condemned to penal servitude of not more than 3 years.

2. Any person who has threatened by telling that he would steal or extortspecified nuclear fuel material and has demanded another person to do what he isnot obliged to or not to do what he has right to do shall be condemned as providedby the preceding.

Article 76-4. The crimes mentioned in the preceding two Articles shall be treatedin accordance with Article 4-2 of the Criminal Law.

XXV. MALAWI 5

1. HIJACKING ACT No. 19 of 1972

An Act to provide for the prevention and punishment of unlawful actsagainst aircraft, motor vehicles, trains and vessels and, in relation to aircraft, togive effect to the Convention on Offences and certain other Acts Committed onboard Aircraft, the Convention for the Suppression of Unlawful Seizure of Air-craft, and the Convention for the Suppression of unlawful Acts against the Safetyof Civil Aviation; and for purposes connected therewith or incidental thereto.

PART I

PRELIMINARY

Short title

1. This Act may be cited as the Hijacking Act.

Interpretation


"aircraft" means any machine that can derive support in the atmosphere from thereactions of the air, other than the reactions of the air against the surface of theearth;

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

'Convention country" means a country in which either the Convention onJffences and certain other Acts Committed on board Aircraft signed at Tokyo on14th September, 1963, or the Convention for the Suppression of Unlawful Seizureof Aircraft signed at The Hague on 16th December, 1970, or the Convention forthe Suppression of unlawful Acts against the Safety of Civil Aviation signed atMontreal on 23rd September, 1971, is for the time being in force;

"immigration officer" bears the meaning ascribed to that term in section 2 of theImmigration Act;

65 Transmitted to the Secretariat by that Government on 2 March 1998.

"Malawian aircraft" means an aircraft registered in Malawi and includes anyaircraft that is operated by joint air transport operating organizations orinternational operating agencies established by the Government and any otherConvention country if such last-mentioned aircraft has been declared by theMinister, by notice published in the Gazette, to be a Malawian aircraft;

"Malawian vessel" means a vessel registered under Part I of the Inland Waters

Shipping Act;

"motor vehicle" bears the meaning ascribed to that term by the Road Traffic Act;

"oath" includes an affirmation or declaration in the case of persons allowed by thelaw of any country concerned to affirm or declare instead of swearing;

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

"train" means any railway engine, carriage, wagon or truck or other railway rollingstock no matter how propelled whether as a single unit or as a combination ofunits;

"vessel" includes a ship, boat and every other kind of vessel used in navigationeither on the sea or in inland waters.

(2) For the purposes of this Act an aircraft shall be deemed to be in flight-

(a) at any time from the moment when all its external doors are closedfollowing embarkation until the moment when any such door is openedfor disembarkation or, if the aircraft makes a forced landing, until thecompetent authorities of the country in which the landing takes placetake over the responsibility for the aircraft and for the persons andproperty on board;

(b) during any period when it is on the surface of the sea or land butnot within the territorial limits of any country.

(3) For the purposes of this Act an aircraft shall be deemed to be in service-

(a) from the beginning of the preflight preparation of such aircraft byground personnel or by the crew for a specific flight until twenty-fourhours after any landing; and

(b) at any time when it is deemed to be in flight under the provisions ofsubsection (2).

(4) For the purposes of this section the territorial waters of any State shall betreated as part of its territory.

PART II

AIR TRANSPORTATION

Offences against aircraft and penalty for such offences

3. Any person, whatever his nationality, who unlawfully-

(a) on board any aircraft in flight-

(i) by use of force or by threats of any kind, seizes thataircraft or exercises control of it;

(ii) assaults any person, if such assault is likely to endangerthe safety of that aircraft;

(iii) assaults or interferes with any member of the crew of thataircraft in the performance of his duties;

(b) destroys an aircraft in service or causes damage to such aircraftwhich renders it incapable of flight or which is likely to endanger itssafety in flight;

(c) places, or causes to be placed, on an aircraft in service, by anymeans whatsoever, a device or substance which is likely to destroy thataircraft or to cause damage to it which renders it incapable of flight or tocause damage to it which is likely to endanger its safety in flight;

(d) destroys or damages air navigation facilities or interferes with theiroperation if such destruction, damage or interference is likely toendanger the safety of an aircraft in flight;

(e) communicates information which he knows to be false, therebyendangering the safety of an aircraft in flight;

(f) falsely alleges that any other person is about to commit acontravention of paragraph (a) (i) or (c) or has committed acontravention of paragraph (c);

(g) performs any other act which jeopardizes or may jeopardize thesafety of an aircraft in flight or of persons or property therein or whichmay jeopardize good order and discipline on board an aircraft in flight,

shall commit an offence and shall be liable to imprisonment for life.

224

Acts in relation to aircraft taking place outside Malawi

4. (1) Any act taking place on board a Malawian aircraft in flight elsewherethan in or over Malawi and which, if taking place in or over Malawi would be anoffence under the law in force in Malawi shall constitute that offence and shall bedeemed to have been committed also in any place in Malawi:

Provided that this subsection shall not apply to any act which isexpressly or impliedly authorized by or under that law when taking place outsideMalawi.

(2) Any act referred to in section 3 and committed outside Malawi on board anyaircraft in flight, other than a Malawian aircraft, and any act of violence againstpassengers or crew committed on any such aircraft by a person in connection withan act referred to in subparagraph (i) of paragraph (a) of section 3 shall-

(a) if such aircraft lands in Malawi with the person who committedsuch act still on board;

(b) if such aircraft is leased without crew to a lessee who has hisprincipal place of business or, if he has no such place of business, hispermanent residence in Malawi; or,

(c) if that person is present in Malawi,

be deemed to have been committed also in Malawi.

Jurisdiction in regard to offences under section 4(2)

5. Any offence referred to in section 4(2) shall for the purposes of jurisdictionbe deemed to have been committed in any place where the accused happens to be.

Extradition

6. (1) Every offence referred to in section 3 shall be deemed to be a relevantoffence within the meaning ascribed to that term by section 2 of the ExtraditionAct, 1968, for the purposes of the extradition of any person from Malawi to anyConvention country which is also a designated country within the meaningascribed to that term by the said section 2 of the Extradition Act, 1968.

(2) For the purposes of the application of the said Extradition Act, 1968, to an

offence committed on board an aircraft in flight-

(a) any aircraft registered in any Convention country shall, at any timewhile the aircraft is in flight, be deemed to be within the jurisdiction ofthat country, whether or not it is for the time being also within thejurisdiction of any other country;

(b) if such aircraft lands in any other Convention country with theoffender still on board, the offence shall be deemed to have beencommitted also in that country;

(c) if such aircraft was leased without crew to a lessee who has hisprincipal place of business or, if he has no such place of business, hispermanent residence in any other Convention country, the offence shallbe deemed to have been committed also in that country.

Powers of commander of aircraft and certain other persons

7. (1) If the commander of an aircraft in flight, wherever that aircraft may be,has reasonable grounds to believe in respect of any person on board that aircraft-

(a) that he has done or is about to do any act on the aircraft in flightwhich jeopardizes or may jeopardize -

(i) the safety of the aircraft or of persons or property onboard the aircraft;

(ii) good order and discipline on board the aircraft; or

(b) that he has done on the aircraft in flight any act which in theopinion of the commander is a serious offence under the law in force inthe country in which the aircraft is registered, not being a law of apolitical nature or based on racial or religious discrimination,

then, subject to the provisions of subsection (3), the commander may take withrespect to that person such reasonable measures, including restraint of his person,as may be necessary-

(i) to protect the safety of the aircraft or of persons or of property on

board the aircraft;


(iii) to enable the commander to disembark or deliver that person inaccordance with subsection (4).

(2) Any member of the crew of an aircraft and any other person on board may, atthe request or with the authority of the commander of the aircraft, and any suchmember shall, if so required by the commander, render assistance in restrainingany person whom the commander is entitled, under subsection (1), to restrain, andat any time while an aircraft is in flight any such member or person may, withoutobtaining the authority of the commander, take with respect to any person on boardthe aircraft any measures such as are mentioned in the said subsection (1) which hehas reasonable grounds to believe are immediately necessary to protect the safetyof the aircraft or of persons or of property on board the aircraft.

226

(3) Any restraint imposed on any person on board an aircraft under the powersconferred by subsections (1) and (2) shall not be continued after the time when theaircraft first thereafter ceases to be in flight, unless before or as soon as isreasonably practicable after that time the commander of the aircraft causes noticeof the fact that a person on board the aircraft is under restraint and of the reasonstherefor to be sent to an appropriate authority of the country in which the aircraftso ceases to be in flight, and may, if such notice has been so sent, be continuedafter that time -

(a) for any period (including the period of any further flight) betweenthat time and the first occasion thereafter on which the commander isable, with any requisite consent of the appropriate authorities, todisembark or deliver the person under restraint in accordance withsubsection (4); or

(b) if the person under restraint agrees to continue his journey underrestraint on board that aircraft.



(i) to believe as mentioned in subsection (1) (a); and



(b) if, in the case of any person on board the aircraft, he has reasonablegrounds to believe as mentioned in subsection (1) (b), may deliver thatperson-

(i) in Malawi to a police officer or immigration officer; or

(ii) in any other Convention country, to an officer therehaving functions corresponding to the functions inMalawi of such a police officer or immigration officer.


(a) if he disembarks any person in accordance with subsection (4) (a),in the case of a Malawian aircraft, in any country, or, in the case of any

other aircraft, in Malawi, shall report the disembarkation, and thereasons therefor, to--

(i) an appropriate authority in the country of disembarkation;and

(ii) the appropriate diplomatic or consular office of thecountry of nationality of that person;

(b) if he intends to deliver any person in accordance with subsection(4) (b) in Malawi, or, in the case of a Malawian aircraft, in any otherConvention country, shall before or as soon as reasonably practicableafter landing, give notice of his intention and of the reasons therefor-

(i) where the country in question is Malawi, to a policeofficer or to an immigration officer, or, in the case of anyother country, to an officer there having functionscorresponding to the functions in Malawi of such a policeofficer or immigration officer; and

(ii) in either case to the appropriate diplomatic or consularoffice of the country of nationality of that person.

(6) Any commander of an aircraft who without reasonable cause fails to complywith the requirements of subsection (5) shall commit an offence and be liable to afine not exceeding two thousand Kwacha.

(7) The provisions of subsections (1) to (4) shall apply for the purposes of anyproceedings before a court in Malawi.

Admissibility of certain statements as evidence

8. (1) Where in any proceedings before any court in Malawi for an offencecommitted on board an aircraft the evidence of any person is required and the courtis satisfied that that person cannot be found in Malawi, there shall be admissible inevidence before such court any statement in writing relating to the subject matterof those proceedings previously made on oath by that person outside Malawi andwhich was so made-


(b) in any other Convention country to an officer having functionscorresponding to the functions in Malawi either of a judge, magistrate orconsular officer.

(2) Any such statement shall be authenticated by the signature of the officerbefore whom it was made, who shall certify that the person charged was present atthe taking of the statement.

228

(3) It shall not be necessary in any proceedings to prove the signature or officialcharacter of the person appearing so to have authenticated any such statement or tohave given such a certificate, and such certificate shall, unless the contrary isproved, be sufficient evidence in any proceedings that the person charged with theoffence was present at the making of the statement.

(4) Nothing in this section contained shall prejudice the admission as evidence ofany statement which is admissible in evidence apart from this section.

Aircraft to which Part shall no apply

9. This Part shall not apply to aircraft used in military, customs or policeservices.

PART IIILAND AND WATER TRANSPORTATION

Offences against motor vehicles, trains and vessels and penalty

10. Any person, whatever his nationality, who unlawfully-

(a) by use of force or by threats of any kind seizes or exercises controlof any motor vehicle, train or vessel;

(b) for the purpose, or in the course, of seizing or exercising controlcontrary to paragraph (a), assaults any person;

(c) places, or causes to be placed, on any motor vehicle, train or vessel,by any means whatsoever, a device or substancewhich is likely to destroy it or to cause damage to it which is likely toendanger its safety in use;

(d) destroys or damages navigation facilities intended for use byvessels or interferes with their operation if such destruction, damage orinterference is likely to endanger the safety of vessels in use;

(e) falsely alleges that any other person is about to commit acontravention of paragraph (a) or (c) or has committed a contraventionof paragraph (c),

shall commit an offence and shall be liable to imprisonment for life.

Acts taking place outside Malawi on board vessels

11. (1) Any act taking place on board a Malawian vessel on waters outsideMalawi waters and which, if taking place on Malawi waters, would be an offence

under the law in force in Malawi shall constitute that offence and shall be deemedto have been committed also in any place in Malawi:

Provided that this subsection shall not apply to any act which isexpressly or impliedly authorized by or under that law when taking place outsideMalawi.

(2) Any act referred to in section 10 and committed outside Malawi on board anyvessel, other than a Malawian vessel, and any act of violence against passengers orcrew committed on any such vessel by a person in connection with an act referredto in paragraph (a) of section 10 shall -

(a) if such vessel comes into Malawi with the person who committedsuch act still on board;

(b) if such vessel is chartered without crew to a person who has hisprincipal place of business or, if he has no such place of business, hispermanent residence in Malawi; or,

(c) if such first-mentioned person is present in Malawi,


Acts taking place outside Malawi on motor vehicles or trains

12. Any act referred to in section 10 and committed outside Malawi and any actof violence against the person in control of, or the passengers or crew of, anymotor vehicle or train committed in or on such motor vehicle or train in connectionwith an Act referred to in paragraph (a) of section 10 shall-

(a) if such motor vehicle or train comes into Malawi with the person

who committed such act still on or in such motor vehicle or train; or

(b) if such person is present in Malawi,


Jurisdiction in regard to offence under section 12

13. Any offence referred to in section 12 shall for the purposes of jurisdiction bedeemed to have been committed in any place where the accused happens to be.

PART IVMISCELLANEOUS

Consent of the Director of Public Prosecutions

14. Except with the consent of the Director of Public Prosecutions, noproceedings for any offence under the law in force in Malawi committed-

(a) on board any aircraft while in flight elsewhere than in or overMalawi;

(b) on board any vessel while on waters other than Malawi waters; or

(c) in, or on, any motor vehicle or train outside Malawi,

shall be instituted but the foregoing provisions of this section shall not prevent thearrest, or the issue of a warrant for arrest, of any person in respect of any offence,or the remanding in custody or on bail of any person charged with any offence.

Provisions ofAct to be additional

15. The provisions of this Act shall be in addition to and not in derogation of anyprovisions of any other law for the time being in force in Malawi relating to piracy.

XXVI. MALAYSIA66

1. AVIATION OFFENCES ACT 1954 (ACT 307)

An Act to give effect to the Convention on Offences and Certain otherActs Committed on Board Aircraft, signed at Tokyo on the 14th September 1963,the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at TheHague on the 16th December 1970, and the Convention for the Suppression ofUnlawful Acts against the Safety of Civil Aviation, signed at Montreal on the 23rdSeptember 1971, and for purposes connected therewith.

BE IT ENACTED by the Duli Yang Maha Mulia Seri Paduka Baginda Yangdi-Pertuan Agong with the advice and consent of the Dewan Negara and DewanRakyat in Parliament assembled, and by the authority of the same as follows:

66 Transmitted to the Secretariat by that Government on 14 October 1996.

PART IPRELIMINARY

Short title and commencement

1. This Act may be cited as the Aviation Offences Act 1984 and shall come intoforce on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation


"act of violence" means-

(a) any act done in Malaysia which constitutes the offence as specifiedin the Schedule; and

(b) any act done outside Malaysia which, if done in Malaysia, wouldconstitute such an offence as is mentioned in paragraph (a);

"aircraft" means any aircraft, whether or not a Malaysian- controlled aircraft, otherthan-

(a) a military aircraft; or

(b) an aircraft which, not being military aircraft, is exclusivelyemployed in the service of the Government;

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

"consular officer" means a consular officer of Malaysia, and includes aconsul-general, consul, proconsul and consular agent of Malaysia;

"Convention country" means a country which has been declared by the Minister,by notification published in the Gazette, to have ratified or acceded to the TokyoConvention, and has not been so declared to have denounced the TokyoConvention;

"landing" includes alighting on water;

"Malaysian-controlled aircraft" means an aircraft-

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

(b) which, being for the time being registered in some other country, isfor the time being chartered by demise to a person who, or to personseach of whom satisfies the following requirements, namely -

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

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

"military aircraft" means an aircraft of the naval, military or air forces of any

country;

"military service" includes naval and air force services;

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

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

"the Convention" means-

(a) in relation to Part III, the Convention for the Suppression ofUnlawful Seizure of Aircraft, signed at The Hague on the 16thDecember 1970;

(b) in relation to Part IV, the Convention for the Suppression ofUnlawful Acts against the Safety of Civil Aviation, signed at Montrealon the 23rd September 1971;

"Tokyo Convention" means the Convention on Offences and Certain other ActsCommitted on Board Aircraft, signed at Tokyo on the 14th September 1963;

"unlawfully"-

(a) in relation to the commission of an act in Malaysia, means anoffence that is constituted under any law in force in Malaysia; and

(b) in relation to the commission of an act outside Malaysia, means thecommission of the act that would have been an offence under any law inforce in Malaysia had it been committed in Malaysia.

233

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

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

(b) for the purposes of section 5-

() any further period from the moment when all externaldoors, if any, of the aircraft are closed followingembarkation for a flight until the moment when any suchdoor is opened for disembarkation after that flight;

(ii) if the aircraft makes a forced landing, any periodthereafter until the time when competent authorities of thecountry in which the forced landing takes place take overthe responsibility for the aircraft and for the persons andproperty on board the aircraft being, if the forced landingtakes place in Malaysia, the time when a police officerarrives at the place of landing and any references in thisAct to an aircraft in flight shall include a reference to anaircraft during any period when it is on the surface of thesea or land but not within the territorial limits of anycountry.

(3) For the purpose of Parts III and IV-

(a) the period during which an aircraft is in flight shall be deemed toinclude any period from the moment when all its external doors areclosed following embarkation until the moment when any such door isopened for disembarkation and, in the case of a forced landing, anyperiod until the competent authorities take over responsibility for theaircraft and for persons and property on board; and

(b) an aircraft shall be taken to be in service during the whole of theperiod which begins with the pre-flight preparation of the aircraft for aflight and ends twenty-four hours after the aircraft lands havingcompleted that flight, and also at any time not falling within that periodwhile, in accordance with paragraph (a), the aircraft is in flight.

(4) In this Act, unless the context otherwise requires, any reference to a countryor the territorial limits thereof shall be construed as including a reference to theterritorial waters, if any, of that country.

PART IIPROVISIONS TO GIVE EFFECT TO THE CONVENTION ON OFFENCES

AND CERTAIN OTHER ACTS COMMITFED ON BOARD AIRCRAFT,SIGNED AT TOKYO ON THE 14"' SEPTEMBER 1963

Application of criminal law to aircraft

3. (1) Any act or omission taking place on board a Malaysian-controlledaircraft while in flight elsewhere than in or over Malaysia which, if taking place inMalaysia, would constitute an offence under the law in force in Malaysia,constitutes that offence:

Provided that this subsection shall not apply to any act or omissionwhich is expressly or impliedly authorized by or under that law when taking placeoutside Malaysia.

(2) No proceedings for any offence under the law in force in Malaysia committedon board an aircraft while in flight elsewhere than in or over Malaysia shall beinstituted in Malaysia except by or with the consent of the Public Prosecutor.

(3) The provisions of subsection (2) shall not prevent the arrest or the issue of awarrant for the arrest, of any person in respect of any offence, or the remanding incustody or on bail of any person charged with any offence.

(4) For the purpose of conferring jurisdiction, any offence under the law in forcein Malaysia committed on board an aircraft in flight shall be deemed to have beencommitted in Malaysia.


4. For the purposes of the application of the Extradition Ordinance 1958 or theCommonwealth Fugitive Criminals Act 1967 to crimes committed on board an air-craft in flight, any aircraft registered in a Convention country shall, at any timewhile that aircraft is in flight, be deemed to be within the jurisdiction of thatcountry, whether or not it is for the time being also within the jurisdiction of anyother country.

Powers of commander of aircraft

5. (1) The provisions of subsections (2), (3), (4) and (5) shall have effect forthe purposes of any proceeding before any court in Malaysia.

(2) If the commander of an aircraft in flight, wherever that aircraft may be, hasreasonable grounds to believe, in respect of any person on board the aircraft-

(a) that the person in question has done or is about to do any act on theaircraft while it is in flight which jeopardizes or may jeopardize -

(i) the safety of the aircraft or of persons or property on

board the aircraft; or


(b) that the person in question has done on the aircraft while in flightany act which in the opinion of the commander is a serious offenceunder any law in force in the country in which the aircraft is registered,not being a law of a political nature or based on racial or religiousdiscrimination,

then, subject to subsection (4), the commander may take with respect to that

person such reasonable measures, including restraint of his person, as may be

necessary-

(i) to protect the safety of the aircraft or of persons or property on

board the aircraft;


(iii) to enable the commander to disembark or deliver that person inaccordance with subsection (5),

and, for the purposes of paragraph (b), any Malaysian-controlled aircraft shall bedeemed to be registered in Malaysia whether or not it is in fact so registered andwhether or not it is in fact registered in some other country.

(3) Any member of the crew of an aircraft and any other person on board theaircraft may, at the request or with the authority of the commander of the aircraft,and any such member shall if so required by that commander, render assistance inrestraining any person whom the commander is entitled under subsection (2) torestrain; and at any time when the aircraft is in flight any such member or otherperson may, without obtaining the authority of the commander, take with respectto any person on board the aircraft any such measures as are mentioned insubsection (2) which he has reasonable grounds to believe are immediatelynecessary to protect the safety of the aircraft or of persons or property on board theaircraft.

(4) Any restraint imposed on any person on board an aircraft under the powersconferred by this section shall not be continued after the time when the aircraftfirst ceases to be in flight unless before or as soon as is reasonably practicable afterthat time the commander of the aircraft causes notification of the fact that a personon board the aircraft is under restraint and of the reasons therefor to be sent to anappropriate authority of the country in which the aircraft so ceases to be in flight,but subject to such notification, such restraint may be continued after that time -

(a) for any period, including the period of any further flight, between

that time and the first occasion thereafter on which the commander is

236

able with any requisite consent of the appropriate authorities todisembark or deliver the person under restraint in accordance with sub-section (5); or




(i) to believe as mentioned in paragraph (a) of subsection(2); and



(b) if, in the case of any person on board the aircraft, he has reasonablegrounds to believe as mentioned in paragraph (b) of subsection (2), maydeliver that person-

(i) in Malaysia, to a police officer or an immigration officer;or

(ii) in any other country which is a Convention country, to anofficer having functions corresponding to the functionseither of a police officer or of an immigration officer inMalaysia.


(a) if he disembarks any person in pursuance of paragraph (a) ofsubsection (5) in the case of a Malaysian-controlled aircraft, in anycountry or, in the case of any other aircraft, in Malaysia, shall report thefact of, and the reasons for, that disembarkation to an appropriateauthority in the country of disembarkation; and

(b) if he intends to deliver any person in accordance with paragraph (b)of subsection (5) in Malaysia or, in the case of a Malaysian-controlledaircraft, in any other country which is a Convention country, shall beforeor as soon as reasonably practicable after landing give notification of hisintention and of the reasons therefor, where the country in question isMalaysia, to a police officer or an immigration officer or, in the case of

any other country which is a Convention country, to an officer havingfunctions corresponding to the functions either of a police officer or ofan immigration officer in Malaysia;

and any commander of an aircraft who without reasonable cause fails to complywith the requirements of this subsection commits an offence under this Act andshall be liable on conviction to a fine not exceeding one thousand ringgit.

Provisions as to evidence in connection with aircraft

6. (1) Where in any proceeding before a court in Malaysia for an offencecommitted on board an aircraft the testimony of any person is required and thecourt is satisfied that the person in question cannot be found in Malaysia, thereshall be admissible in evidence before that court any deposition relating to the

subject matter of that proceeding previously made on oath by that person--

(a) in Malaysia which was so made in the presence or, absence of theperson charged with the offence and before a President of a SessionsCourt or Magistrate; or

(b) outside Malaysia which was so made in the presence or absence ofthe person charged with the offence and before a consular officer or ajudicial officer of any foreign country.

(2) Any such deposition shall be authenticated by the signature of the Presidentof a Sessions Court, Magistrate, consular officer or judicial officer before whom itwas made who shall certify that the person charged with the offence was present orabsent at the taking of the deposition.

(3) It shall not be necessary in any proceeding to prove the signature or officialcharacter of the person appearing so to have authenticated any such deposition orto have given such certificate, and such certificate shall, unless the contrary isproved, be sufficient evidence in any proceeding that the person charged with theoffence was present or absent, as the case may be, at the making of the deposition.

(4) If a complaint is made to a consular officer that any offence has beencommitted on a Malaysian-controlled aircraft while in flight elsewhere than in orover Malaysia, that officer may inquire into the case upon oath.

(5) In this section-

(a) the expression "deposition" includes any affidavit, affirmation orstatement made upon oath; and

(b) the expression "oath" includes an affirmation or declaration in the

case of persons allowed by law to affirm or declare instead of swearing,

and nothing in this section shall prejudice the admission as evidence of anydeposition which is admissible in evidence apart from this section.

PART IIIPROVISIONS TO GIVE EFFECT TO THE CONVENTION FOR THE

SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT, SIGNED AT THEHAGUE ON THE 16th DECEMBER 1970

Hyacking

7. (1) Subject to subsection (2), a person on board an aircraft in flight whounlawfully, by the use of force or by threats of any kind, seizes the aircraft orexercises control of it commits the offence of hijacking, whatever his nationality orcitizenship, whatever the State of registration of the aircraft and whether theaircraft is in Malaysia or elsewhere.

(2) If the aircraft is used in military, customs or police service, subsection (1)shall not apply unless--

(a) the person seizing or exercising control of the aircraft is a citizen ofMalaysia;

(b) his act is committed in or over Malaysia; or

(c) the aircraft is used in the military, customs or police service ofMalaysia.

Violence against passengers or crew

8. Any act of violence against the passengers or crew of any aircraft in flightdone by any person in connection with the offence of hijacking committed or at-tempted by him on board such aircraft shall be deemed to have been committed inMalaysia and shall constitute an offence punishable under the law in force inMalaysia applicable thereto, wherever the act of violence was committed,whatever the State of registration of the aircraft and whatever the nationality orcitizenship of the person committing the act.

PART IVPROVISIONS TO GIVE EFFECT TO THE CONVENTION FOR THE

SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVILAVIATION, SIGNED AT MONTREAL ON THE 23rd SEPTEMBER 1971

Destroying, damaging or endangering safety of aircraft

9. (1) Subject to subsection (4), any person who unlawfully and intentionally-

(a) destroys an aircraft in service or so damages such aircraft as to

render it incapable of flight or as to likely endanger its safety in flight;or

(b) commits on board an aircraft in flight any act of violence which is

likely to endanger the safety of the aircraft;

commits an offence under this Act.

(2) Subject to subsection (4), any person who unlawfully and intentionally places

or causes to be placed on an aircraft in service any device or substance which is

likely to destroy the aircraft or is likely to damage it as to render it incapable of

flight or as to be likely .to endanger its safety in flight commits an offence under

this Act; but nothing in this subsection shall be construed as limiting the

circumstances in which the Commission of any act-

(a) may constitute an offence under subsection (1); or

(b) may constitute attempting or conspiring to commit or abetting the

commission of such offence.

(3) Except as provided by subsection (4), subsections (1) and (2) apply whether

any such act therein mentioned is committed in Malaysia or elsewhere, whateverthe State of registration of the aircraft or whatever the nationality or citizenship ofthe person committing the act.

(4) Subsections (1) and (2) do not apply to any act committed in relation to anaircraft used in military, customs or police service unless-

(a) the act is committed in or over Malaysia; or

(b) where the act is committed outside Malaysia, the person committingthe act is a citizen of Malaysia.

Other acts endangering or likely to endanger the safety of aircraft

10. (1) Subject to subsections (5) and (6), any person who unlawfully and

intentionally destroys or damages any property to which this section applies or

interferes with the operation of such property, where the destruction, damage orinterference is likely to endanger the safety of an aircraft in flight, commits anoffence under this Act.

(2) Subsection (1) applies to any property used for the provision of air navigationfacilities including any land, building or ship so used, and including any apparatusor equipment so used, whether it is on board an aircraft or elsewhere.

(3) Subject to subsections (4) and (5), any person who intentionallycommunicates any information which is false, misleading or deceptive in a

material particular, where the communication of the information endangers thesafety of an aircraft in flight or is likely to endanger the safety of an aircraft inflight, commits an offence under this Act.

(4) It shall be a defence for a person charged with an offence under subsection (3)to prove -

(a) that he believed, and had reasonable grounds for believing that theinformation was true; or

(b) that, when he communicated the information he was lawfullyemployed to perform duties which consisted of or included thecommunication of information and that he communicated theinformation in good faith in the performance of those duties.

(5) Subsections (1) and (3) do not apply to the commission of any act unlesseither the act is committed in Malaysia or, where the act is committed outsideMalaysia-

(a) the person committing the act is a citizen of Malaysia;

(b) the commission of the act endangers or is likely to endanger thesafety in flight of a civil aircraft registered in Malaysia or chartered bydemise to a lessee whose principal place of business or, if he has noplace of business, whose permanent residence is in Malaysia;

(c) the act is committed on board a civil aircraft which is registered orso chartered; or

(d) the act is committed on board a civil aircraft which lands inMalaysia with the person who committed the act still on board.

(6) Subsection (1) does not apply to any act committed outside Malaysia and socommitted in relation to property which is situated outside Malaysia and is notused for the provision of air navigation facilities in connection with internationalart navigation, unless the person committing the act is a citizen of Malaysia.

(7) In this section, "civil aircraft" means any aircraft other than an aircraft usedmilitary, customs or police service.

PART V

MISCELLANEOUS

Application

11. (1) Section 12 shall only apply to Part II.

(2) Sections 13 to 17 and the Schedule shall only apply to Part III and IV.

Powers of minister

12. (1) If the Minister is satisfied that the requirements of Article 18 of theTokyo Convention have been satisfied, which Article makes provision as to thecountry which is to be treated as the country of registration of certain aircraftoperated by joint air transport organizations or international operating agenciesestablished by two or more Convention countries, the Minister may, bynotification published in the Gazette, provide that, for the purposes of this Act,such aircraft as may be specified in the notification shall be treated as registered insuch Convention country as may be so specified.

(2) The Minister may make such regulations as appear to him to be necessary forcarrying out or giving effect to the provisions of the Tokyo Convention.

Abetting the commission of acts outside Malaysia

13. Any person in Malaysia who abets the commission elsewhere of any actwhich-

(a) would, but for subsection (2) of section 7, constitute the offence ofhijacking; or

(b) would, but for subsection (4) of section 9, be an offence under thatsection; or

(c) would, but for subsection (5) or subsection (6) of section 10, be an

offence under that section,

commits an offence under this Act.

Penalty

14. Any person who commits an offence under this Act shall be liable onconviction to imprisonment for life.

Consent for prosecution

15. (1) No prosecution shall be instituted under this Act without the writtenconsent of the Public Prosecutor.

(2) Notwithstanding that consent has not been given in relation to the offence inaccordance with the provisions of subsection (1) -

(a) a person may be arrested for an offence under this Act;

(b) a warrant for the arrest of any person in respect of any offenceunder this Act way be issued and executed;.

(c) a person may be charged with an offence under this Act; and

(d) a person charged with any offence under this Act may be remandedin custody or granted bail,

but no further steps in the proceedings in relation to the offence shall be taken untilthe Public Prosecutor's consent has been obtained.

Position relating to extradition where there is no arrangement

16. (1) Where there is no arrangement relating to extradition in force betweenMalaysia and a State which is a party to the Convention, the Convention may beregarded to have effect as if it were an arrangement relating to extradition betweenMalaysia and the State for purposes of the application of the Extradition Ordinance1958, or the Commonwealth Fugitive Criminals Act 1967, to such State.

(2) Where the Extradition Ordinance 1958 or the Commonwealth FugitiveCriminals Act 1967 is applied pursuant to subsection (1), it shall have effect as ifthe only extradition crimes within the meaning of the Ordinance and the Actrespectively were offences under this Act and attempts to commit such offences.

(3) For the purposes of the Extradition Ordinance 1958 and the CommonwealthFugitive Criminals Act 1967 any act, wherever committed which-

(a) is an offence under this Act or an attempt to commit such anoffence, or would be such an offence or attempt but for subsection (2)of section 7, subsection (4) of section 9, or subsection (5) or subsection(6) of section 10; and

(b) is an offence against the law of any State in respect of which theExtradition Ordinance 1958 or the Commonwealth Fugitive CriminalsAct 1967 have already been made applicable,

shall be deemed to be an offence within the jurisdiction of that State.

Amendment to Schedule

17. The Minister may amend the Schedule by order from time to time.

SCHEDULE

An act done in Malaysia which constitutes the offence of murder, attemptedmurder, culpable homicide not amounting to murder, voluntarily causing grievous

hurt, voluntarily causing hurt by dangerous weapons or means, or an offenceunder-

(a) section 3 or section 4 of the Corrosive and Explosive Substances

and Offensive Weapons Ordinance 1958;

(b) subsection (1) of section 32 or section 37 of the Arms Act 1960;

(c) section 6 or section 7 of the Explosives Act 1957;

(d) section 3 of the Kidnapping Act 1961.

XXVII. MALDIVES 67

LAW ON THE PREVENTION OF TERRORISM IN THE MALDIVES

1990 (LAW NO: 10/90)

Title

1. The Act shall be entitled the "Law on the Preve ition of Terrorism in theMaldives 1990".

Act of Terrorism

2. Under this Act, the acts of terrorism which constitute the offence of terrorismshall include:

(a) the causing of or the attempt to cause the death of a person orpersons or bodily harm to a person or persons, with the intention ofachieving political ends or putting any person or persons in fear, orinstilling fear among the public or a section of the public.

(b) kidnapping or hostage taking or the attempt to commit any of theseacts;

(c) hijacking or attempted hijacking;

(d) the importation, manufacture, possession, sale or distribution offirearms, ammunition or any type of bombs or explosives without theexpress permission of the Government;

67 Transmitted to the Secretariat by that Government on 20 June 1995.

244

(e) the use or the attempted use of firearms, ammunition, bombs or anytype of offensive weapons or explosives or anything else in any way thatmay cause death or injury to human life or damage to public property;

(f) the setting on fire, or the causing of damage, or the attempt to dothe same, to the property of any person or persons in any way that mayharm life, people or property;

(g) any act or the attempt to commit an act that may instill fear amongthe people or threaten life, person or property of any person orally or inwriting.

Contributing, assisting and organizing

3. The provision of funds or materials or any other form of assistance towardsthe commission or planning of any of the acts specified in section 2 shall also beregarded as acts of terrorism.

De-registration of corporate or associate bodies contributing to or assistingterrorism.

4. Where a corporate or associate body registered in the Maldives is found tohave contributed to or assisted in the commission of any act of terrorism, theregistration of such corporate or associate body shall be cancelled.

Civil damages to victims

5. In addition to the punishments imposed in accordance with Section 6 of thisLaw the court may order the offenders to compensate the victims of terrorism forany damage or injury caused by the acts of terrorism.

Punishment

6. (a) Whoever commits an act of terrorism which results in the death of anyperson shall be punishable by death or, imprisonment or banishment for life. Thepunishment for any person found to have participated in the commission orplanning of such an act shall also be the same. Any person found to have aided orabetted in the commission of the crime or concealed any information relating tothe crime shall be punishable by imprisonment or banishment for a term not lessthan ten years but not exceeding fifteen years.

(b) Whoever commits an act of terrorism which does not involve the death of anyperson shall be punishable with imprisonment or banishment for a term not lessthan ten years but not exceeding fifteen years. The punishment for any personfound to have participated in the commission or planning of such an act shall alsobe the same. Any person found to have aided or abetted in the commission of thecrime or concealed any information relating to the crime shall be punishable by

imprisonment or banishment for a term not less than three years but not exceedingseven years.

(c) In imposing a sentence of imprisonment under sub-sections (a) and (b) of thisSection, the court shall have the discretion to order a specified period of the termof imprisonment to be served with hard labour.

Application of the Law

7. This Act shall apply retrospectively to previous acts of terrorism on which thecourts have not yet passed judgement as well as to future acts of terrorism.

XXVIII. MAURITIUS 68

1. CIVIL AVIATION (HIJACKING AND OTHER OFFENCES)ACT 1985

ACT 33 OF 1985 - 26 APRIL 1985

To give effect to the Hague Convention, the Montreal Convention and

the Tokyo Convention

I. Short title

This Act may be cited as the Civil Aviation (Hijacking and other Offences) Act1985.

2. Interpretation

In this Act-

"aerodrome" has the same meaning as in the Civil Aviation Act;

"aircraft" shall not include a police, military or customs aircraft;

"airport" means an aerodrome, any passenger and freight terminal and otherfacilities serving international and domestic civil aviation;

"Minister" means the Prime Minister;

"'serious injury" has the same meaning as in the Civil Aviation Regulations 1986;

68 Transmitted to the Secretariat by that Govemrnment on 4 August 1997. The followingpieces of legislation have also been provided to the Secretariat and are available forconsultation from the Codification Division, Office of Legal Affairs: The Explosives Act,R-L 2/687; 12 December 1959 and The Firearms (Amendment) Act 1996.

246

"the Hague Convention" means the Convention for the Suppression of UnlawfulSeizure of Aircraft, done at The Hague on 16 December 1970;

"the Montreal Convention" means the Convention for the Suppression of UnlawfulActs against the Safety of CivilAviation, done at Montreal on 23 September 1971;

"the Tokyo Convention" means the Convention on Offences and certain other Acts

committed on Board Aircraft, done at Tokyo on 14 September 1963.

3. Application of conventions

The Hague Convention, the Montreal Convention and the Tokyo Convention shallhave the force of law in Mauritius.

4. Hyacking

(1) Any person who unlawfully, by force or threat or by any other form ofintimidation and while on board an aircraft -

(a) seizes or exercises control of the aircraft;

(b) attempts to seize or exercise control of the aircraft;

(c) is an accomplice of any person who performs any actspecified in paragraph (a) or (b),

shall commit the offence of hijacking and shall, on conviction, be liable toimprisonment for life.

(2) For the purposes of this section the period during which an aircraft is in flightshall be deemed to include any period from the moment when the external doorsare closed following embarkation until the moment when any such door is openedfor disembarkation, and, in the case of a forced landing, any period until thecompetent authorities take over the responsibility for the aircraft and for personsand property on board.

(3) This section shall apply in the circumstances provided in section 5.

5. Violence against passengers or crew

(1) Subject to subsections (2) and (3), any person who does outside Mauritius anyact on board an aircraft in flight, which if done in Mauritius, would constitute anyof the offences specified in the First Schedule shall commit that offence and shall,on conviction, be liable to the penalty provided for that offence.

(2) No prosecution shall ensue under this section where the act complained of isdone in a country under the laws of which the act is authorised.

(3) Without prejudice to subsection (2), this section shall apply where the offence

is committed on board an aircraft which -

(a) is in the service of Mauritius; or

(b) lands in Mauritius with the offender still on board.

(4) For the purposes of this section an aircraft shall be deemed to be in flightduring the period specified in section 4 (2).

(5) For the purposes of this section and section 4, an aircraft shall be deemed tobe in the service of Mauritius where it is so operated by any company or bodyspecified in the Second Schedule.

6. Endangering the safety of aircraft

(1) Any person who, in Mauritius, including its territorial waters -

(a) makes use of violence against any person or object on board anaircraft in flight which is likely to imperil the safety of the aircraft;

(b) destroys an aircraft in service;

(c) damages an aircraft in service in such a way or to such an extent asto render flight impossible or unsafe;

(d) in any manner and by any means places or causes to be placed onboard an aircraft in service a substance likely to destroy the aircraft or soto damage it as to imperil the safety of the aircraft in flight;

(e) destroys, damages or interferes with the operation of any airnavigation facilities in such a way or to such an extent as to be likely toimperil the safety of an aircraft in flight;

(f) knowingly communicates any false information which imperils the

safety of an aircraft,

shall commit an offence.

(2) Any person who attempts to do or is an accomplice of any person who doesor attempts to do any of the acts specified in subsection (1) shall commit anoffence.

(3) Any person who commits an offence under this section shall, on conviction,be liable to imprisonment for life.

(4) For the purposes of this section, an aircraft shall be deemed to be -

(a) in service from the beginning of its preflight preparation for aspecific flight by crew or ground personnel, while it is in flight and fortwenty-four hours after any landing;

(b) in flight during the period specified in section 4 (2).

6A. Endangering the safety ofairport and airport facilities

(1) Any person who, at an airport, unlawfully and by means of any device,substance or weapon -

(a) makes use of violence against any person which causes or is likelyto cause serious injury or death to that person;

(b) performs any act which causes or is likely to cause serious damageto the environment;

(c) destroys or seriously damages any aircraft not in service locatedthereon;

(d) disrupts the services of an airport,

shall, where any of the acts specified in subsection (1) (a) to (d) endangers or islikely to endanger safety at that airport, commit an offence;

(2) Any person who attempts to do or is an accomplice of any person who doesany of the acts specified in subsection (I ) shall commit an offence.

(3) Any person who commits an offence under this section shall, on conviction,be liable to imprisonment for life.[Added 32/94]

7. Prosecutions

A prosecution under this Act shall -

(a) not be commenced without the express consent of the Director ofPublic Prosecutions;

(b) be instituted before a Judge without a jury or the Intermediate Courtas the Director of Public Prosecutions may decide.

8. Amendment

The Minister may by regulations amend this Act for the purposes of the

Conventions specified in section 3.

9. Repeal

The following enactments are repealed -

The Tokyo Convention Act.The Montreal Convention (Protection of Aircraft) Act.

The Hague Convention (Hijacking) Act.

FIRST SCHEDULE(section 5 (1))

Under the Criminal CodeAssaultLarcenyManslaughterMurderUnlawful detentionWounds and blowsUnder the Firearms ActPossession of firearm with intent to endanger life[Amended 32/94]

SECOND SCHEDULE(section 5 (5))

Air Mauritius Ltd

2. CRIMINAL CODE (SUPPLEMENTARY) ACT

58. Interpretation of "explosive"

In sections 58 to 65 -

"explosive" means -

(a) gunpowder, nitroglycerine, dynamite, guncotton, blasting powders,fulminate of mercury or of other metals, coloured fires and every other

substance, whether similar to those abovementioned or not, used or

manufactured with a view to produce a practical effect by explosion or apyrotechnic effect;

(b) includes fog-signals, fireworks, fuses, rockets, percussion caps,detonators, cartridges, ammunition of all descriptions and everyadaptation or preparation of an explosive as defined in paragraph (a);

"explosive substance" includes any explosive, any materials for making anyexplosive, any apparatus machine, implement, or materials used, or intended to beused, or adapted for causing, or aiding in causing, any explosion in or with anyexplosive and any part of any such apparatus, machine, or implement.

59. Causing explosion likely to endanger life

Any person who causes by any explosive substance an explosion of a nature likelyto endanger life, or to cause serious injury to property shall, whether any injury toperson or property has actually been caused or not, commit an offence and shall,on conviction, be liable to penal servitude.

60. Acting with intent to endanger life

Any person who unlawfully and maliciously -

(a) does any act with intent to cause by an explosive substance anexplosion of a nature likely to endanger life, or to cause serious injury toproperty; or

(b) makes or has in his possession or under his control any explosivesubstance with intent by means of it to endanger life, or cause seriousinjury to property, or to enable any other person by means of it toendanger life or cause serious injury to property,

shall, whether an explosion takes place or not and whether any injury to person orproperty has actually been caused or not, commit an offence and shall, onconviction, be liable to penal servitude, and the explosive substance shall beforfeited.

61. Making or possessing explosive substance

Any person who makes or knowingly has in his possession or under his control anexplosive substance under such circumstances as to give rise to a reasonablesuspicion that he is not making it or does not have it in his possession or under hiscontrol for a lawful object, shall, unless he can show that he made it or had it in hispossession or under his control for a lawful object, commit an offence, and shall,on conviction, be liable to penal servitude and the explosive substance shall beforfeited.

65. Placing or throwing explosive with intent

Any person who places or throws in, into, upon, under, against or near anydwelling-house or any ship, boat, store-house, timber-yard, tent, shed or otherbuilding or any bridge or dyke, an explosive substance with intent to damage ordestroy any such dwelling-house or other place aforesaid or any engine,machinery, working tools, fixtures, goods, chattels or animals shall, whether or notan explosion takes place and whether or not any damage is caused, commit anoffence and shall, on conviction, be liable to penal servitude.

66. Penalty for killing of person by explosive

In all the cases specified in sections 63 to 65, where the explosion has caused thedcath of any person, whether or not that person was in the place damaged orattempted to be damaged, the punishment shall be penal servitude for life.[Amended 31/95]

67. Leave of Director of Public Prosecutions

No prosecution shall be entered under sections 59 to 66, except by direction of theDirector of Public Prosecutions.

68. Application of Explosives Act

Sections 21 A and 21 B of the Explosives Act shall apply as if an offence orforfeiture under sections 59 to 65 of this Act was an offence or forfeiture under theExplosives Act.

102. Bomb hoaxes

(1) Any person who-

(a) places any article or explosive in any place whatsoever;

(b) dispatches any article or explosive by post or otherwise

with the intention of inducing in some other person a belief that a bomb is likely toexplode shall commit an offence.

(2) Any person who communicates any information which he knows or believesto be false to another person with the intention of inducing in him or any otherperson a false belief that a bomb or other explosive is lying in certain premises andliable to explode shall commit an offence.

(3) Any person who commits an offence under this section shall be liable, onconviction, to imprisonment for a term not exceeding 5 years and to a fine notexceeding 10000 rupees.

(4) For the purposes of this section "explosive" has the same meaning as insection 58.[Added 16/93]

102A. Power of entry, search and seizure

(1) Where a police officer not below the rank of Assistant Superintendentreasonably suspects that a bomb or other explosive liable to explode is lying oncertain premises, he may, without a warrant enter and search the premises afterinforming the occupier of the imminent danger.

(2) In the course of a search under subsection (I ) the police officer may seizeany relevant article or explosive and take steps to defuse it, or dispose of it, as thecase may be.

(3) Where a search has been effected under subsection (1), the police officer shallforthwith submit a report to the Magistrate of the district and to the Commissionerof Police.[Added 16/93]

XXIX. MEXICO69

1. FEDERAL PENAL CODE

Chapter VI: Terrorism

Article 139

Any person who uses explosives, toxic substances or firearms or whoresorts to arson, flooding or any other violent means to perpetrate against persons,things or public services, acts that provoke alarm, fear or terror in the generalpublic or in a group or sector thereof in order to disturb the public peace, try toundermine the authority of the State or put pressure on the authorities to take aparticular decision shall be subject to a penalty of 2 to 40 years' imprisonment anda fine of up to 50,000 pesos, without prejudice to the penalties applicable for theresulting offences.

Any person who, having knowledge of a terrorist's activities andidentity, fails to inform the authorities thereof shall be subject to a penalty of oneto nine years' imprisonment and a fine of up to 10,000 pesos.

69Transmitted to the Secretariat by that Government on 25 February 1998 and 15 June 2001.

253

2. FEDERAL CODE OF CRIMINAL PROCEDURE

Article 194

For all legal purposes, the offences provided for in the following legalcodes shall be classified as serious offences since they gravely affect fundamentalvalues of society:

1. In the federal penal code, the following offences:

- ... 4. Terrorism, provided for in article 139, first paragraph,.

3. FEDERAL ACT AGAINST ORGANIZED CRIME

Article 2

When three or more persons organize or agree to organize in order toengage, continuously or repeatedly, in conduct which in itself or in combinationwith other conducts has as its purpose or result the perpetration of one or more ofthe following offences, they shall be punished, solely by virtue of that fact, asmembers of organized crime:

1. Terrorism, provided for in article 139, first paragraph, ... of the Federal PenalCode.

XXX. NEW ZEALAND 70

1. AVIATION CRIMES ACT 197271

An Act to give effect to the provisions of the Hague Convention for theSuppression of Unlawful Seizure of Aircraft, the Montreal Convention for the

'0 Transmitted to the Secretariat by that Government on 16 June 1998 and 10 March 2001.

The following pieces of legislation have also been provided to the Secretariat and areavailable for consultation from the Codification Division, Office of Legal Affairs: GenevaConventions Act 1958; Geneva Conventions Amendment Act 1987 and the Act to amend theImmigration Act 1987.7 Public Act 1972 No. 137, as amended by the: Aviation Crimes Amendment Act 1999;Civil Aviation Act 1990; Territorial Sea, Contiguous Zone, and Exclusive Economic ZoneAmendment Act 1996; Extradition Act 1999; Civil Aviation Amendment Act 1976; Misuseof Drugs Act 1975 and Immigration Act 1987.

Suppression of Unlawful Acts against the Safety of Civil Aviation, [the MontrealProtocol for the Suppression of Unlawful Acts of Violence at Airports ServingInternational Civil Aviation,] and the Tokyo Convention on Offences and CertainOther Acts Committed on Board Aircraft, and for matters incidental thereto [20October 1972]

1. Short Title and Commencement

(i) This Act may be cited as the Aviation Crimes Act 1972.

(2) Sections 7, 8, 15, and 16 of this Act shall come into force on a date to befixed by the Governor-General by Order in Council. Different dates may be sofixed in respect of different sections.

(Editorial Note: s7, s8, s15, and s16 came into force on 12 March 1974 by SR1974452.)

(3) Except as provided in subsection (2) of this section, this Act shall come intoforce on the date of its passing.

2. Interpretation

(1) In this Act, unless the context otherwise requires,

"Act of violence" means an act which, if committed in New Zealand, wouldconstitute:

(a) An assault as defined in any of sections 192, 193, 194, 196, or 202Cof the Crimes Act 1961; or

(b) Any of the crimes specified in sections 188, 189, 190, 191, 197,

198, 198A, 198B, 199, 200, 202, 203, or 209 of the Crimes Act 1961.

"Aircraft" has the same meaning as in the Civil Aviation Act 1990.

"Aviation security officer" means an aviation security officer within the meaningof the Civil Aviation Act 1990.

"Commander", in relation to an aircraft, means the pilot for the time being inlawful command of the aircraft.

"Conviction on indictment" has the same meaning as in section 3 of the CrimesAct 196 1.

"International airport" means any airport designated as an airport of entry anddeparture for international air traffic where the formalities incident to customs,

immigration, public health, animal and plant quarantine, and similar proceduresare carried out.

"Military service" includes naval and air-force service; and a certificate by theMinister of Foreign Affairs that any aircraft is or is not used in military service forthe purposes of this Act shall be conclusive evidence of the fact certified.

"New Zealand" includes all waters within the outer limits of the territorial sea ofNew Zealand as defined by section 3 of the Territorial Sea, Contiguous Zone, andExclusive Economic Zone Act 1977.

"New Zealand aircraft" means an aircraft that is registered or required to beregistered in New Zealand under the Civil Aviation Act 1990.

"Ordinarily resident in New Zealand" has the same meaning as in section 4 of theCrimes Act 1961.

"The Hague Convention" means the Convention for the Suppression of UnlawfulSeizure of Aircraft, done at the Hague on the 16th day of December 1970.

"The Montreal Convention" means the Convention for the Suppression ofUnlawful Acts against the Safety of Civil Aviation, done at Montreal on the 23rdday of September 1971.

"The Montreal Protocol" means the Protocol for the Suppression of Unlawful Actsof Violence at Airports Serving International Civil Aviation, done at Montreal on24 February 1988.

"The Tokyo Convention" means the Convention on Offences and Certain OtherActs Committed on Board Aircraft, done at Tokyo on the 14th day of September1963.

The terms "baggage", "cargo", carrier", "contract", and "passenger", in relationto any contract of carriage, have the same meanings as in section 18 of theCarriage by Air Act 1967, whether the contract of carriage is for internationalcarriage or domestic carriage; and the term "passenger" includes a person who hasreported to an employee or agent of the carrier for the purpose of going on boardan aircraft pursuant to a contract to carry him as a passenger.

{Editorial Note: Definitions of "baggage" & "'cargo" were omitted from theCarriage of Air Act 1976 on 1 June 1980 by 1979, No 43, s31(1).}

(2) For the purposes of this Act, an aircraft is in flight from the time when all itsexternal doors are closed after embarkation until the time when any external dooris opened for disembarkation:

Provided that in the case of a forced landing an aircraft is in flight untilthe time when the competent authorities of the country in which the forced landingtakes place, or, in the case of a forced landing in a place that is not within the

territorial limits of any country, the competent authorities of any country, assumeresponsibility for the aircraft and for persons and property on board the aircraft.

(3) For the purposes of this Act, an aircraft is in service from the time when pre-flight preparation of the aircraft by ground personnel or by the aircraft's crewbegins for a specific flight until either:

(a) The flight is cancelled; or

(b) Twenty-four hours after the aircraft, having commenced the flight,lands; or

(c) The aircraft, having commenced the flight, makes a forced landingand any competent authorities referred to in subsection (2) of this sectionassume responsibility for the aircraft and for persons and property onboard the aircraft; or

(d) The aircraft,- having commenced the flight, ceases to be in flight,

whichever is the latest.

CRIMES RELATING TO AIRCRAFT [AND INTERNATIONAL

AIRPORTS]

3. Hijacking

Everyone commits the crime of hijacking and is liable on conviction onindictment to imprisonment for life, who, while on board an aircraft in flight,whether in or outside New Zealand, unlawfully, by force or by threat of force or byany form of intimidation, seizes or exercises control, or attempts to seize orexercise control, of that aircraft.

{Editorial Note: For authorisation of security officers to arrest without warrant reoffences against this section see 1990 No 98, s85(l)(a).}

4. Crimes in connection with hijacking

(1) Everyone who, while on board an aircraft in flight outside New Zealand, does

or omits anything which, if done or omitted by that person in New Zealand, wouldbe a crime, commits that crime if the act or omission occurred in connection withthe crime of hijacking.

(2) Without limiting the generality of subsection (1) of this section, an act oromission by any person shall be deemed to occur in connection with the crime ofhijacking if it was done or omitted with intent:

(a) To commit or facilitate the commission of the crime of hijacking; or

(b) To avoid the detection of himself or of any other person in the

commission of the crime of hijacking; or

(c) To avoid the arrest or facilitate the flight of himself or of any other

person upon the commission of the crime of hijacking.

{Editorial Note: For authorisation of security officers to arrest without warrant reoffences against this section see 1990 No 98, s85(I)(a).}

5. Other crimes relating to aircraft

Everyone commits a crime, and is liable on conviction on indictment toimprisonment for a term not exceeding 14 years, who, whether in or outside NewZealand,

(a) On board an aircraft in flight, commits an act of violence which islikely to endanger the safety of the aircraft; or

(b) Destroys an aircraft in service; or

(c) Causes damage to an aircraft in service which renders the aircraftincapable of flight or which is likely to endanger the safety of the aircraftin flight; or

(d) Places or causes to be placed on an aircraft in service anythingwhich is likely to destroy the aircraft, or to cause damage to the aircraftwhich will render it incapable of flight, or which is likely to endanger thesafety of the aircraft in flight; or

(e) Destroys, damages, or interferes with the operation of any air-navigation facility used in international air navigation, where thedestruction, damage, or interference is likely to endanger the safety of anaircraft in flight; or

(f) Endangers the safety of an aircraft in flight by communicating to anyother person any information which the person supplying theinformation knows to be false.

{Editorial Note: For authorisation of security officers to arrest without warrant reoffences against this section see 1990 No 98, s85(l)(a).}

5A. Crimes relating to international airports

(i) A person commits a crime who, whether in or outside New Zealand, usingany device, substance, or weapon, intentionally does any of the following acts thatendangers or is likely to endanger the safety of an international airport:

258

(a) At the international airport, commits an act of violence that causesor is likely to cause serious injury or death; or

(b) Destroys or seriously damages the facilities of the internationalairport; or

(c) Destroys or seriously damages an aircraft that is not in service and

is located at the international airport; or

(d) Disrupts the services of the international airport.

(2) Subject to subsection (3), a person who commits a crime against this sectionis liable on conviction on indictment to imprisonment for a term not exceeding 14years.

(3) A person who commits a crime against subsection (1)(a),

(a) In circumstances where the conduct concerned is the same asconduct described as murder under sections 158, 160, 167, and 168 ofthe Crimes Act 1961, must on conviction on indictment be sentenced toimprisonment for life; and

(b) In circumstances where the conduct concerned is the same asconduct described as manslaughter under sections 158, 160, and 171 ofthe Crimes Act 1961, is liable on conviction on indictment toimprisonment for life.

6. Extradition Act Amended

Repealed.


(1) For the purposes of the Extradition Act 1999 and any Order in Council inforce under section 15 or section 104 of that Act, the crime of hijacking, if notalready described in the treaty, is deemed to be an offence described in anyextradition treaty concluded before 12 March 1974 and for the time being in forcebetween New Zealand and any country that is a party to the Hague Convention.

(2) For the purposes of the Extradition Act 1999 and any Order in Council inforce under section 15 or section 104 of that Act, each crime in section 5 isdeemed to be an offence described in any extradition treaty concluded before 12March 1974 and for the time being in force between New Zealand and any countrythat is a party to the Montreal Convention.

(3) If, under subsection (1) or subsection (2), a crime is deemed to be an offencedescribed in an extradition treaty, a person may be surrendered for that crime inaccordance with the provisions of the Extradition Act 1999 even if the act or

259

omission occurred before the date on which the crime was deemed to be an offencedescribed in the extradition treaty.

(4) Subsection (3) does not apply in respect of an act or omission that, had itoccurred within the jurisdiction of New Zealand, would not at that time haveconstituted an offence under New Zealand law.

(5) For the purposes of this section,

"Country" includes any territory for whose international relations the Governmentof a country is responsible and to which the extradition treaty and the HagueConvention or, as the case may be, the Montreal Convention, extends:

"Crime" includes:

(a) Aiding, abetting, inciting, counselling, or procuring any person tocommit that crime; and

(b) Inciting, counselling, or attempting to procure any person tocommit that crime when it is not in fact committed; and

(c) Being an accessory after the fact to that crime.

(6) A certificate given by the Minister of Foreign Affairs and Trade that acountry is a party to the Hague Convention or the Montreal Convention, as thecase may be, is sufficient evidence of that fact.

7A. Crimes against section 5A deemed to be included in extradition treaties

(1) For the purposes of the Extradition Act 1999 and any Order in Council inforce under section 15 or section 104 of that Act, each crime described in section5A of this Act is deemed to be an offence described in any extradition treatyconcluded before the commencement of this section and for the time being in forcebetween New Zealand and any foreign country which is a party to the MontrealProtocol.

(2) When subsection (1) deems a crime to be an offence described in anextradition treaty, a person whose surrender is sought under the Extradition Act1999 in respect of an act or omission which amounts to that crime is liable to besurrendered in accordance with the provisions of that Act, whether the act oromission occurred before or after the date on which the crime was deemed to be anoffence described in the extradition treaty.

(3) This section does not apply in respect of an act or omission that, had itoccurred within the jurisdiction of New Zealand, would not at that time haveconstituted an offence under New Zealand law.

(4) A certificate given under the hand of the Minister of Foreign Affairs andTrade that any foreign country is a party to the Montreal Protocol is sufficientevidence of that fact.

(5) For the purposes of this section,

"Crime" includes:

(a) An attempt to commit that crime;

(b) Aiding, abetting, inciting, counselling, or procuring a person tocommit that crime;

(c) Inciting, counselling, or attempting to procure a person to committhat crime when it is not in fact committed;

(d) Being an accessory after the fact to that crime.

"Foreign country" includes any territory for whose international relations theGovernment of a foreign country is responsible and to which the extradition treatyand the Montreal Protocol extends.

8. Surrender of Offenders

Repealed.

9. Application of sections 3, 4, and 5

(1) Nothing in section 3 or section 4 of this Act shall apply if both the place oftake-off and the place of actual landing of the aircraft (not being a New Zealandaircraft) are in the territory of the country in which the aircraft is registered, or, inthe case of an aircraft that is subject to joint or international registration, in theterritory of one of the countries having an interest in the aircraft, unless:

(a) The alleged offender is a New Zealand citizen or a person

ordinarily resident in New Zealand; or

(b) The act or omission occurred in New Zealand; or

(c) The alleged offender is present in New Zealand; or

(d) The aircraft is leased without crew to a lessee:

(i) Whose principal place of business is in New Zealand; or

(ii) In any other case, who is a New Zealand citizen or aperson ordinarily resident in New Zealand.

(2) Nothing in paragraph (a), paragraph (b), paragraph (c), paragraph (d), orparagraph (f) of section 5 of this Act shall apply if both the place of take-off andthe place of actual or intended landing of the aircraft (not being a New Zealandaircraft) are in the territory of a country in which the aircraft is registered, or, in thecase of an aircraft that is subject to joint or international registration, in theterritory of one of the countries having an interest in the aircraft, unless:

(a) The alleged offender is a New Zealand citizen or a person

ordinarily resident in New Zealand; or

(b) The act or omission occurred in New Zealand; or

(c) The alleged offender is present in New Zealand; or

(d) The aircraft is leased without crew to a lessee:

(i) Whose principal place of business is in New Zealand; or

(ii) In any other case, who is a New Zealand citizen or aperson ordinarily resident in New Zealand.

(3) Nothing in section 3 or section 4 or paragraph (a), paragraph (b), paragraph(c), paragraph (d), or paragraph (f) of section 5 of this Act shall apply to aircraftused in military, customs, or police service (not being aircraft used for thepurposes of any of the Armed Forces of New Zealand or of the New ZealandCustoms or of the New Zealand Police), unless:

(a) The alleged offender is a New Zealand citizen or a personordinarily resident in New Zealand; or

(b) The act or omission occurred in New Zealand.

9A. Application of Section SA

Section 5A does not apply in respect of acts or omissions that occuroutside New Zealand unless the alleged offender is present in New Zealand.

10. Application of certain provisions of crimes act

Nothing in section 8 of the Crimes Act 1961 (which relates tojurisdiction in respect of crimes on ships or aircraft beyond New Zealand) or insection 400 of that Act (which requires the consent of the Attorney-General toproceedings in certain cases for offences on ships or aircraft) shall apply withrespect to the crime of hijacking or to any of the crimes described in section 5 ofthis Act or to any crime referred to in section 4 of this Act committed inconnection with the crime of hijacking.

262

TAKING FIREARMS, EXPLOSIVES, ETC., ON TO AIRCRAFT

11. Taking firearms, explosives, etc., on to aircraft

(1) Everyone commits a crime, and is liable on conviction on indictment toimprisonment for a term not exceeding 5 years, who, without lawful authority orreasonable excuse, or without the permission of the owner or operator of theaircraft or of a person duly authorised by either of them to give such permission,takes or attempts to take on board any aircraft:

(a) Any firearm; or

(b) Any other dangerous or offensive weapon or instrument of any kindwhatsoever; or

(c) Any ammunition; or

(d) Any explosive substance or device, or any other injurious substanceor device of any kind whatsoever which could be used to endanger thesafety of the aircraft or of persons on board the aircraft.

(2) For the purposes of this section, the term "firearm" means any gun, rifle, orpistol, whether acting by force of explosives or not; and includes any such gun,rifle, or pistol which for the time being is not capable of discharging any shot,bullet, or other missile, but which by its completion or the replacement of anycomponent part or parts or the correction or repair of any defect or defects, wouldbe so capable; and also includes any such gun, rifle, or pistol which is for the timebeing dismantled.

(Editorial Note: For authorisation of security officers to arrest without warrant reoffences against this section see 1990 No 98, s85(l)(a).}

SEARCH OF PASSENGERS, BAGGAGE, AND CARGO

12. Search ofpassengers, baggage, and cargo

(1) Any member of the New Zealand Police, any aviation security officer, or anyofficer of Customs, or any employee or agent of the carrier authorised by thecarrier for the purpose may, with the consent of the passenger, search anypassenger and his baggage before the passenger boards any aircraft in NewZealand pursuant to any contract providing for the carriage of the passenger by airfrom any place in New Zealand to any other place (whether in New Zealand orelsewhere).

(2) If the passenger declines to allow himself or his baggage to be searched, thecarrier may refuse to carry him.

(3) A carrier shall not be liable to any civil proceeding, other than a proceeding in

respect of any right that the passenger may have for the recovery of the fare or any

part thereof, by reason of the fact that the carrier has refused to carry a passenger

who has declined to allow himself or his baggage to be searched.

(4) The following provisions shall apply with respect to any search made

pursuant to subsection (1) of this section:

(a) The passenger shall not be required to remove any article of

clothing (other than a coat or similar article), for the purpose of beingsearched;

(b) Except where the search is made by means of any mechanical orelectrical or electronic or other similar device, no female shall besearched except by a female.

(5) Any employee or agent of the carrier authorised by the carrier for the purpose,or any aviation security officer, may examine any cargo before the cargo is loadedon to any aircraft in New Zealand pursuant to a contract providing for the carriageof the cargo by air from a place in New Zealand to any other place (whether inNew Zealand or elsewhere).

13. Search ofpersons declining to allow search

(1) Where:

(a) Pursuant to subsection (2) of section 12 of this Act a carrier refusesto carry a person who has declined to allow himself or his baggage to besearched; and

(b) A member of the New Zealand Police has reasonable grounds tosuspect that a crime against this Act in relation to the aircraft on whichthat person was to be carried has been, is being, or is likely to be,committed, whether by that person or by any other person,

the member of the Police may, without warrant, search that first-mentioned personand his baggage, and may detain him for the purposes of that search, and may takepossession of any article referred to in paragraph (a), paragraph (b), paragraph (c),or paragraph (d) of section 11 of this Act found in the course of that search.

(2) The refusal of any person to allow himself or his baggage to be searched

pursuant to section 12 of this Act shall not of itself constitute reasonable groundsfor suspecting that a crime against this Act in relation to the aircraft has been, isbeing, or is likely to be, committed.

(3) Every member of the New Zealand Police exercising the power of search

conferred by subsection (1) of this section shall identify himself to the personsearched, and shall also tell him that the search is being made pursuant to that

264

subsection. He shall also, if not in uniform and if so required, produce evidencethat he is a member of the New Zealand Police.

14. Evidence ofoffences

Nothing found in the course of a search or examination made pursuant tosection 12 or section 13 of this Act shall be admissible as evidence in any criminalproceedings against the person who, or whose baggage, has been searched, or, asthe case may be, the consignor of any cargo that has been examined, other thanproceedings in respect of a crime against this Act or the crime of treason or anycrime punishable by imprisonment for life or for a term of 3 years or more, or inrespect of an offence against section 16 of the Arms Act 1958 (which relates to theunlawful carriage or possession of firearms, ammunition, or explosives), or inrespect of an offence against the Misuse of Drugs Act 1975.

POWERS OF AIRCRAFT COMMANDER

15- Powers of aircraft commander

(1) Without limiting the provisions of section 60 of the Crimes Act 1961, if thecommander of an aircraft in flight, wherever that aircraft may be, has reasonablegrounds to believe that any person on board the aircraft has done or is about to doon board the aircraft:

(a) Anything which is an offence under the law of the country in whichthe aircraft is registered (not being a law of a political nature or a lawbased on racial or religious discrimination); or

(b) Anything (whether an offence or not) which jeopardises or mayjeopardise:

(i) The safety of the aircraft or of persons or property onboard the aircraft; or

(ii) Good order and discipline on board the aircraft,

the commander may take with respect to that person such reasonable measures,

including restraint, as may be necessary:

(c) To protect the safety of the aircraft or of persons or property onboard the aircraft; or

(d) To maintain good order and discipline on board the aircraft; or

(e) To enable the commander to disembark or deliver that person inaccordance with subsection (4) or subsection (5) of this section.

(2) Any member of the crew of an aircraft and any other person on board theaircraft may, at the request or with the authority of the commander of the aircraft,and any member of the crew shall if so required by the commander, assist inrestraining any person whom the commander is entitled under subsection (1) ofthis section to restrain. Any member of the crew and any other person on board theaircraft may, without the commander's authority, take with respect to any personon board the aircraft such reasonable measures, including restraint, as he hasreasonable grounds to believe are immediately necessary to protect the safety ofthe aircraft or of persons or property on board the aircraft.

(3) Any restraint imposed on any person on board an aircraft under the powersconferred by subsection (1) or subsection (2) of this section shall not be continuedafter the aircraft ceases to be in flight, unless the commander of the aircraft notifiesthe appropriate authorities of the country in which the aircraft ceases to be inflight, either before or as soon as reasonably practicable after that time, that aperson on board is under restraint and of the reasons for such restraint, but,provided that notification has been given, restraint may be continued:

(a) For any period (including the period of any further flight) betweenthat time and the first occasion thereafter on which the commander isable with the requisite consent of the appropriate authorities todisembark or deliver the person under restraint in accordance withsubsection (4) or subsection (5) of this section; or

(b) If the person under restraint agrees to continue his journey underrestraint on board that aircraft.

(4) If the commander of an aircraft has reasonable grounds to believe that aperson on board the aircraft has done or is about to do on board the aircraftanything (whether an offence or not) which jeopardises or may jeopardise:

(a) The safety of the aircraft or of persons or property on board the

aircraft; or

(b) Good order and discipline on board the aircraft,

he may, if he considers it necessary to do so in order to protect the safety of theaircraft, disembark that person in any country in which the aircraft may be.

(5) If the commander of an aircraft has reasonable grounds to believe that anyperson on board the aircraft has done on board the aircraft anything which in thecommander's opinion is a serious offence under the law of the country in whichthe aircraft is registered, he may deliver that person:

(a) In New Zealand, to any member of the New Zealand Police; or

(b) In any other country which is a party to the Tokyo Convention, toany person exercising functions corresponding to those of a member ofthe New Zealand Police.

(6) If the commander of an aircraft disembarks any person pursuant to subsection(4) of this section, in the case of a New Zealand aircraft, in any country, or, in thecase of any other aircraft, in New Zealand, he shall report the fact of, and thereasons for, that disembarkation to an appropriate authority in the country ofdisembarkation (being, in New Zealand, a member of the New Zealand Police).

(7) If the commander of an aircraft intends to deliver any person in accordancewith subsection (5) of this section in New Zealand or, in the case of a NewZealand aircraft, in any other country which is a party to the Tokyo Convention, heshall, before or as soon as practicable after landing, give notification of hisintention and of the reasons for his intention to an appropriate authority in thatcountry (being, in New Zealand, a member of the New Zealand Police).

(8) Any commander of an aircraft who without reasonable cause fails to complywith the requirements of subsection (6) or subsection (7) of this section is liable onsummary conviction to a fine not exceeding $400.

(9) A person who in good faith imposes reasonable measures, including restraint,on another person in accordance with the provisions of this section is not guilty ofan offence and is not liable to any civil proceeding in respect of those measures.

16. Arrest ofpersons delivered to police

(1) Any member of the New Zealand Police shall accept delivery of a personwhom the commander of an aircraft seeks to deliver to him in accordance withsubsection (5) of section 15 of this Act if he has reasonable grounds to suspect thatperson of having done or omitted on board that aircraft anything that is a crimeagainst this Act or any other Act.

(2) Where any member of the New Zealand Police accepts delivery of a personunder subsection (1) of this section, he shall forthwith arrest that person.

17. Power to search persons on aircraft

If the commander of an aircraft in flight has reasonable grounds tosuspect that a crime against this Act has been, is being, or is likely to be,committed on board or in relation to that aircraft, he, or any member of the crew ofthe aircraft or any other person on board the aircraft authorised by him to do so,may search any person or baggage on board the aircraft, and may take possessionof any article found which has been used or could be used to effect or facilitate thecommission of a crime against this Act.

MISCELLANEOUS PROVISIONS

18. Attorney-General's consent required to prosecutions

No proceedings for the trial and punishment of any person charged witha crime against section 3 or section 4 or section 5 or section 5A or section II ofthis Act shall be instituted in any Court except with the consent of the Attorney-General.

Provided that a person charged with any such crime may be arrested, or awarrant for his arrest may be issued and executed, and he may be remanded incustody or on bail, notwithstanding that the consent of the Attomey-General to theinstitution of a prosecution for the crime has not been obtained, but no furtherproceedings shall be taken until that consent has been obtained.

19. Aircraft in military, customs, or police service

Nothing in sections I 1 to 17 of this Act shall apply to aircraft used in themilitary, customs, or police service of any country, including New Zealand.

20. Joint registration of aircraft

Where an aircraft is subject to joint or international registration, it shallbe deemed for the purposes of this Act to be registered in the country which,according to the records of the International Civil Aviation Organisation, is thecountry of registration.

21. Other acts not affected

Nothing in this Act shall be construed to limit or affect the operation ofany provision of the Immigration Act 1987, or, except as expressly provided in thisAct, of any provision of the Crimes Act 1961.

2. CRIMES (INTERNATIONALLY PROTECTED PERSONS, UNITEDNATIONS AND ASSOCIATED PERSONNEL, AND HOSTAGES)

ACT 198072

An Act to give effect to:

(a) The Convention on the Prevention and Punishment of CrimesAgainst Internationally Protected Persons, including Diplomatic Agents,1973; and

72 Public Act 1980 No. 44, as amended by the: Crimes (Internationally Protected Persons andHostages) Amendment Act 1998; Extradition Act 1999; Foreign Affairs Amendment Act1993; External Relations Act 1988; Immigration Act 1987; and Crimes Amendment Act (No.3)1985.

(b) The Convention Against the Taking of Hostages 1979; and

(c) The Convention on the Safety of United Nations and AssociatedPersonnel 1994;

and for matters incidental to the implementation of those Conventions.

[2 December 1980]

BE IT ENACTED by the General Assembly of New Zealand inParliament assembled, and by the authority of the same, as follows:

1. Short Title and Commencement:

(1) This Act may be cited as the Crimes (Internationally Protected Persons,United Nations and Associated Personnel, and Hostages) Act 1980.

(2) This Act shall come into force on a date to be appointed by the Governor-General by Order in Council, and different dates may be so appointed for thecommencement of this Act in respect of the 1973 Convention and the 1979Convention.

{Editorial Note: This Act came into force on 12 December 1985 by SR

19853132.}

2. Interpretation

(1) In this Act, unless the context otherwise requires,

"Associated person", in relation to an alleged act or omission that constitutes acrime by virtue of or against any of sections 3 to 6, means:

(a) A person assigned by a Government or an intergovernmentalorganisation with the agreement of the competent organ of the UnitedNations; or

(b) A person engaged by:

(i) The Secretary-General of the United Nations; or

(ii) A specialised agency of the United Nations; or

(iii) The International Atomic Energy Agency; or

(c) A person deployed by a humanitarian non-governmentalorganisation or agency under an agreement with:

(i) The Secretary-General of the United Nations; or


(iii) The International Atomic Energy Agency

to carry out activities in support of the fulfillment of the mandate of aUnited Nations operation.

"Conviction on indictment" has the same meaning as in section 3 of the Crimes

Act 1961.

"Fugitive Offenders Act 1881": Definition repealed.

"Internationally protected person", in relation to an alleged act or omission that

constitutes a crime by virtue of or against any of sections 3 to 6, means:

(a) A person who, at the time of the alleged act or omission, is:

(i) A Head of State; or

(ii) A member of a body that performs the functions of aHead of State under the constitution of the State; or

(iii) A Head of Government; or

(iv) A Minister of Foreign Affairs

and is outside the territory of the State in which he or she holds office.

(b) A member of the family of a person referred to in paragraph (a)who is accompanying that person.

(c) A person who, at the time of the alleged act or omission, is:

(i) A representative or an official of a State; or

(ii) An official or agent of an international organisation of an

intergovernmental character

and is entitled under international law to special protection from attackon his or her person, freedom, or dignity.

(d) A member of the family of a person referred to in paragraph (c)who is a member of that person's household.

"New Zealand" includes all waters within the outer limits of the territorial sea ofNew Zealand (as defined by section 3 of the Territorial Sea, Contiguous Zone, andExclusive Economic Zone Act 1977).

"Person protected by a convention" means:

(a) An associated person; or

(b) An internationally protected person; or

(c) A United Nations person.

"The 1973 Convention" means the Convention on the Prevention and Punishmentof Crimes Against Internationally Protected Persons, including Diplomatic Agents,opened for signature at New York on 14 December 1973.

"The 1979 Convention" means the Convention Against the Taking of Hostages,opened for signature at New York on 18 December 1979.

"The 1994 Convention" means the Convention on the Safety of United Nationsand Associated Personnel, opened for signature at New York on 9 December 1994.

"United Nations operation" means an operation established by the competentorgan of the United Nations in accordance with the Charter of the United Nationsand conducted under United Nations authority and control:

(a) If the operation is for the purpose of maintaining or restoringinternational peace and security; or

(b) If the Security Council of the United Nations, or the GeneralAssembly of the United Nations, has declared, for the purposes of the1994 Convention, that there exists an exceptional risk to the safety of thepersonnel participating in the operation.

"United Nations person", in relation to an alleged act or omission that constitutes acrime by virtue of or against any of sections 3 to 6, means:

(a) A person engaged or deployed by the Secretary-General of theUnited Nations as a member of the military, police, or civiliancomponents of a United Nations operation; or

(b) An official or expert on mission of:

(i) The United Nations; or


(iii) The International Atomic Energy Agency

who is present in an official capacity in the area where a United Nationsoperation is being conducted.

"Vehicle" includes any means of conveyance.

(2) In paragraph (a)(i) of the definition of the term "internationally protectedperson" in subsection (1) of this section, the term "Head of State" includes, inrelation to any Commonwealth country (other than the United Kingdom) of whichHer Majesty the Queen is Head of State, the Governor-General or other personwho performs the functions of the Head of State as Her Majesty's representative.

Compare: 1972 No 137, s2; Internationally Protected Persons Act 1978, sl(5)(U.K.)

INTERNATIONALLY PROTECTED PERSONS AND UNITEDNATIONS AND ASSOCIATED PERSONNEL

3. Crimes against persons

(1) Without limiting anything in the Crimes Act 1961, every one commits acrime who does an act or omits to do an act, if:

(a) He or she does the act, or omits to do the act, in New Zealand oroutside New Zealand; and

(b) He or she does the act, or omits to do the act, to or in relation to aperson whom he or she knows to be a person protected by a convention;and

(c) The act or omission is one that constitutes, or would, if done ormade in New Zealand, constitute,

(i) A crime referred to or described in a provision of theCrimes Act 1961 specified in Schedule 1; or

(ii) An attempt to commit such a crime, if the crime is notitself constituted by a mere attempt.

(2) Every one who commits a crime against this section is liable on conviction onindictment to the same penalty to which he or she would have been liable had he orshe been charged with a crime against the relevant provision of the Crimes Act1961.

Compare: Internationally Protected Persons Act 1978, sl(l)(a), (2)(a), (4) (U.K.)

272

4. Crimes against premises or vehicles

(1) Without limiting anything in the Crimes Act 1961, every one commits acrime who does an act or omits to do an act, if:

(a) He or she does the act, or omits to do the act, in New Zealand oroutside New Zealand; and

(b) He or she does the act, or omits to do the act, to or in relation to:

(i) Premises that he or she knows to be the official premisesor private residence of a person protected by aconvention; or

(ii) A vehicle that he or she knows is used by a personprotected by a convention; and

(c) He or she does the act, or omits to do the act, while such a person ispresent in those premises or that residence or vehicle; and

(d) The act or omission is one that constitutes, or would, if done ormade in New Zealand, constitute,

(i) A crime referred to or described in a provision of theCrimes Act 1961 specified in Schedule 2; or

(ii) An attempt to commit such a crime, if the crime is notitself constituted by a mere attempt.

(2) Every one who commits a crime against this section is liable on conviction onindictment to the same penalty to which he would have been liable had he beencharged with a crime against the relevant provision of the Crimes Act 1961.

Compare: Internationally Protected Persons Act 1978, sl(1)(b), (2)(a), (4) (U.K.)

5. Threats against persons

(1) Every one commits a crime who threatens to do an act, if:

(a) The act constitutes a crime against section 3; and

(b) He or she makes the threat in New Zealand or outside NewZealand; and

(c) He or she makes the threat to or in relation to a person whom he orshe knows to be an internationally protected person.

(IA) Every one commits a crime who threatens to do an act, if:

273



(c) He or she makes the threat to or in relation to a person whom he orshe knows to be a United Nations person or an associated person; and

(d) He or she makes the threat with the intention of compelling theperson, or any other person, to do or refrain from doing an act.

(2) Every one who commits a crime against this section is liable on conviction onindictment to imprisonment for a term not exceeding:

(a) Seven years; or

(b) The term of years prescribed by the relevant provision of theCrimes Act 1961 in respect of the crime that he would have committedhad he carried out his threat in New Zealand,

whichever is the lesser.

Compare: Internationally Protected Persons Act 1978, s l (3), (4) (U.K.)

6. Threats against premises or vehicles

(1) Every one commits a crime who threatens to do an act, if:



(c) He or she makes the threat to or in relation to:

(i) Premises that he or she knows to be the official premisesor private residence of an internationally protectedperson; or

(ii) A vehicle that he or she knows is used by aninternationally protected person.

(I A) Every one commits a crime who threatens to do an act, if:



(c) He or she makes the threat to or in relation to:

(i) Premises that he or she knows to be the official premisesor private residence of a United Nations person or anassociated person; or

(ii) A vehicle that he or she knows is used by a UnitedNations person or an associated person; and

(d) He or she makes the threat with the intention of compelling theperson, or any other person, to do or refrain from doing an act.

(2) Every one who commits a crime against this section is liable on conviction on

indictment to imprisonment for a term not exceeding 3 years.

Compare: Internationally Protected Persons Act 1978, sl(3), (4) (U.K.)

6A. Sections 3 to 6 not to apply to certain United Nations operations

Sections 3 to 6 do not apply, in relation to United Nations personnel andassociated personnel, to a United Nations operation:

(a) Authorised by the Security Council of the United Nations as anenforcement action under Chapter VII of the Charter of the UnitedNations; and

(b) In which United Nations personnel or associated personnel areengaged as combatants against organised armed forces; and

(c) To which the law of international armed conflict applies.

7. Prosecution need not prove certain matters

Notwithstanding anything in sections 3 to 6 of this Act, in anyproceedings brought under any of those sections, it shall not be necessary for theprosecution to prove the following matters:

(a) In respect of:

(i) An internationally protected person to whom paragraph(a) or paragraph (c) of the definition of that term insection 2(1) applies; or

(ii) A United Nations person or an associated person,

that the defendant knew, at the time of the alleged crime, the identity ofthat person or the capacity in which that person was an internationallyprotected person, a United Nations person, or an associated person.

(b) In respect of any internationally protected person to whomparagraph (b) of that definition applies, that the defendant knew, at thetime of the alleged crime, that the internationally protected person wasaccompanying any other person to whom paragraph (a) of that definitionapplies.

(c) In respect of any internationally protected person to whomparagraph (c) of that definition applies, that the defendant knew, at thetime of the alleged crime, that the internationally protected person wasentitled under international law to special protection from attack on hisperson, freedom, or dignity.

(d) In respect of any internationally protected person to whomparagraph (d) of that definition applies, that the defendant knew, at thetime of the alleged crime, that the internationally protected person was amember of the household of any other person referred to in paragraph (c)of that definition.

HOSTAGES

8. Hostage-taking

(1) Subject to subsection (2) of this section, every one commits the crime ofhostage-taking who, whether in or outside New Zealand, unlawfully seizes ordetains any person (in this section called the hostage) without his consent, or withhis consent obtained by fraud or duress, with intent to compel the Government ofany country or any international intergovernmental organisation or any other

person to do or abstain from doing any act as a condition, whether express orimplied, for the release of the hostage.

(2) No one shall be convicted of the crime of hostage-taking if:

(a) The act of hostage-taking takes place in New Zealand; and

(b) The alleged offender and the hostage are New Zealand citizens; and

(c) The alleged offender is in New Zealand.

(3) Every one who commits the crime of hostage-taking is liable on conviction onindictment to imprisonment for a term not exceeding 14 years.

GENERAL PROVISIONS

9. Extradition Act Amended

Repealed.


(1) For the purposes of the Extradition Act 1999 and any Order in Council inforce under section 15 or section 104 of that Act,

(a) Each crime described in section 3 or section 4 or section 8,including:

(i) Attempting to commit that crime (where it is not itselfconstituted by a mere attempt); or

(ii) Aiding, abetting, inciting, counselling, or procuring anyperson to commit that crime; or

(iii) Inciting, counselling, or attempting to procure any personto commit that crime when it is not in fact committed; or

(iv) Being an accessory after the fact to that crime; and

(b) Each crime described in section 5 or section 6,

is, if not already described in the treaty, deemed to be an offence described in anyextradition treaty concluded before 12 December 1985 and for the time being inforce between New Zealand and any country that is a party to the 1973 Conventionor, as the case may require, the 1979 Convention.

(2) If under subsection (1) a crime is deemed to be an offence described in anextradition treaty, no person may be surrendered for that crime in accordance withthe provisions of the Extradition Act 1999 if the alleged act or omission occurredbefore 12 December 1985.

(3) For the purposes of this section, "country" includes any territory for whoseinternational relations the government of a country is responsible and to which theextradition treaty and the 1973 Convention or, as the case may require, the 1979Convention, extends.

IOA. Further provision on crimes deemed to be included in extradition treaties

(1) For the purposes of the Extradition Act 1999 and any Order in Council inforce under section 15 or section 104 of that Act,

(a) Each crime described in section 3 or section 4 or section 8,including:

(i) Attempting to commit that crime (where it is not itselfconstituted by a mere attempt); or

(ii) Aiding, abetting, inciting, counselling, or procuring anyperson to commit that crime; or

(iii) Inciting, counselling, or attempting to procure any personto commit that crime when it is not in fact committed; or

(iv) Being an accessory after the fact to that crime; and

(b) Each crime described in section 5 or section 6,

is, if not already described in the treaty, deemed to be an offence described in anyextradition treaty concluded before the commencement of the Crimes(Internationally Protected Persons and Hostages) Amendment Act 1998 and for thetime being in force between New Zealand and any country that is a party to the1994 Convention.

(2) If under subsection (1) a crime is deemed to be an offence described in anextradition treaty, no person may be surrendered for that crime in accordance withthe provisions of the Extradition Act 1999 if the alleged act or omission occurredbefore the commencement of the Crimes (Internationally Protected Persons andHostages) Amendment Act 1998.

(3) For the purposes of this section, "country" includes any territory for whoseinternational relations the government of a country is responsible and to which theextradition treaty and the 1994 Convention extends.

11. Surrender of offenders

Repealed.

12. Restrictions on surrender

(1) Without limiting the grounds on which surrender must or may be refusedunder the Extradition Act 1999, a Court in New Zealand must not order thesurrender, or the detention for the purposes of surrender, of a person to anothercountry in respect of an act or omission that amounts to a crime against any ofsections 3 to 8 if the Attorney-General certifies that the case is being or is about tobe considered to determine whether or not proceedings should be brought in NewZealand against that person in respect of the act or omission.

(2) If, in any case to which subsection (1) applies, it is subsequently determinedthat proceedings should not be brought in New Zealand against the person in

respect of the act or omission, the Attorney-General must advise the Courtaccordingly, and the Court must proceed with the matter as if the Attorney-General's certificate had never been given.

(3) Without limiting the grounds on which surrender must or may be refusedunder the Extradition Act 1999, a person must not be surrendered to anothercountry if it appears that the person's position may be prejudiced becausecommunication with the person by the appropriate authorities of the country that isentitled in international law to exercise rights of protection in respect to the personcannot be effected.

13. Further restrictions on surrender of offenders

Repealed.

14. Attorney-General 's consent required to prosecutions

(1) Subject to subsection (2) of this section, no proceedings for the trial andpunishment of any person charged with a crime against any of sections 3 to 8 ofthis Act shall be instituted in any Court except with the consent of the Attorney-General.

(2) A person charged with a crime against any of those provisions may bearrested, or a warrant for his arrest may be issued and executed, and he may beremanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the institution of a prosecution for the crime has not been obtained, butno further proceedings shall be taken until that consent has been obtained.

Compare: 1972 No 137, s18

15. Evidence

For any purpose in connection with this Act, a certificate, given by theSecretary of Foreign Affairs and Trade, certifying:

(a) Any fact relevant to the question of whether a person was or wasnot, at any material time, a person protected by a convention; or

(b) Any fact relevant to the question of whether an operation was orwas not, at any material time, a United Nations operation of a kinddescribed in section 6A; or

(ba) That any country is or is not, or was or was not at any material time,a party to the 1973 Convention, the 1979 Convention, or the 1994Convention; or

(c) That the Government of any country is or is not, or was or was notat any material time, responsible for the international relations of anyterritory,

shall be sufficient evidence of that fact.

Compare: Internationally Protected Persons Act 1978, sl(l), (5) (U.K.)

16. Application of certain provisions of crimes act

Nothing in section 8 of the Crimes Act 1961 (which relates tojurisdiction in respect of crimes on ships or aircraft beyond New Zealand) or in

section 400 of that Act (which requires the consent of the Attorney-General toproceedings in certain cases for offences on ships or aircraft) shall apply withrespect to any proceedings brought under any of sections 3 to 8 of this Act.

Compare: 1972 No 137, sl0

17. Other acts not affected

Nothing in this Act shall limit or affect the Immigration Act 1987, theAviation Crimes Act 1972, nor, except as expressly provided in this Act, theCrimes Act 1961.


SCHEDULES

SCHEDULE ]

Section 3(l)(a)

CRIMES AGAINST PERSONS PROTECTED BY A CONVENTION

Section of Subject-matterCrimes Act 1961

128 Sexual violation129 Attempt to commit sexual violation142A Compelling indecent act with animal167, 168 Murder171 Manslaughter173 Attempt to murder174 Counselling or attempting to procure murder176 Accessory after the fact to murder188 Wounding with intent189 Injuring with intent

Section of Subject-matterCrimes Act 1961

191 Aggravated wounding or injury192 Aggravated assault197 Disabling198 Discharging firearm or doing dangerous act with intent199 Acid throwing200 Poisoning with intent201 Infecting with disease209 Kidnapping

SCHEDULE 2

Section 4(b)(i)

CRIMES AGAINST PREMISES OR VEHICLES OF PERSONS PROTECTEDBY A CONVENTION

Section of Subject-matterCrimes Act 1961294 Arson295 Attempted Arson296 Damage to other property by fire or explosive297 Attempt to damage property by fire or explosive298 Willful damage300 Interfering with means of transport

3. INTERNATIONAL TERRORISM (EMERGENCY POWERS) ACT198771

An Act to make better provision to deal with international terrorist

emergencies.

[20 July 1987]

BE IT ENACTED by the Parliament of New Zealand as follows:


(1) This Act may be cited as the International Terrorism (Emergency Powers)Act 1987.

(2) This Act shall come into force on the 1st day of September 1987.

73 Public Act 1987 No. 179, as amended by the Crimes Amendment Act (No. 2) 1997.

2. Interpretation

(I) In this Act, unless the context otherwise requires,

"Emergency power" means any of the powers specified in section 10 or section I Iof this Act:

"Intercept", in relation to a private communication, includes hear, listen to, record,monitor, or acquire the communication while it is taking place:

"International terrorist emergency" means a situation in which any person isthreatening, causing, or attempting to cause:

(a) The death of, or serious injury or serious harm to, any person or

persons; or

(b) The destruction of, or serious damage or serious injury to,

(i) Any premises, building, erection, structure, installation,or road; or

(ii) Any aircraft, hovercraft, ship or ferry or other vessel,train, or vehicle; or

(iii) Any natural feature which is of such beauty, uniqueness,or scientific, economic, or cultural importance that itspreservation from destruction, damage or injury is in thenational interest; or

(iv) Any chattel of any kind which is of significant historical,archaeological, scientific, cultural, literary, or artisticvalue or importance; or

(v) Any animal,

in order to coerce, deter, or intimidate:

(c) The Government of New Zealand, or any agency of theGovernment of New Zealand; or

(d) The Government of any other country, or any agency of theGovernment of any other country; or

(e) Any body or group of persons, whether inside or outside NewZealand,

for the purpose of furthering, outside New Zealand, any political aim.

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"Private communication" means any oral communication made undercircumstances that may reasonably be taken to indicate that any party to thecommunication desires it to be confined to the parties to the communication; butdoes not include such a communication occurring in circumstances in which anyparty ought reasonably to expect that the communication may be intercepted bysome other person not having the express or implied consent of any party to do so.

"Public place" means a place that, at any material time, is open to or is being usedby the public, whether free or on payment of a charge, and whether any owner oroccupier of the place is lawfully entitled to exclude or eject any person from thatplace; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, orvehicle carrying or available to carry passengers for reward.

"Road" includes any motorway, regional motorway, regional road, street, privateroad, access way, private way, or service lane, and every bridge, culvert, ford,gate, or other thing belonging to any road.

(2) A reference in this Act to a party to a private communication is a reference to:

(a) Any originator of the communication and any person intended bythe originator to receive it; and

(b) A person who, with the express or implied consent of any originatorof the communication or any person intended by the originator to receiveit, intercepts the communication.

(3) A reference in this Act to the Prime Minister means,

(a) Where the Prime Minister is for any reason unavailable, the DeputyPrime Minister; and

(b) Where both the Prime Minister and the Deputy Prime Minister arefor any reason unavailable, the next highest ranked Minister of theCrown available.

3. This act to bind the crown

This Act binds the Crown.

4. This act not to affect functions, duties, and powers under other acts orgeneral law

Except as otherwise provided in this Act, nothing in this Act shall limit,or be in substitution for, or in any way affect, the functions, duties, or powers ofany person under the provisions of any other enactment or any rule of law.


AUTHORITY TO EXERCISE EMERGENCY POWERS

5. Commissioner ofpolice to inform prime minister of existence of internationalterrorist emergency

Where the Commissioner of Police believes:

(a) That an emergency is occurring; and

(b) That the emergency may be an international terrorist emergency;and

(c) That the exercise of emergency powers is or may be necessary todeal with that emergency,

the Commissioner shall forthwith inform the Prime Minister that such anemergency is believed to be occurring and that it is or may be necessary toexercise emergency powers.

6. Meeting of ministers may authorise exercise of emergency powers

(1) Upon being informed pursuant to section 5 of this Act, the Prime Ministermay cause a meeting of not fewer than 3 Ministers of the Crown to be held for thepurpose of considering whether to exercise the power conferred by subsection (2)of this section.

(2) The Ministers of the Crown, not being fewer than 3, present at the meetingheld pursuant to subsection (1) of this section may, if they believe, on reasonablegrounds,

(a) That an emergency is occurring; and

(b) That the emergency may be an international terrorist emergency;and

(c) That the exercise of emergency powers is necessary to deal withthat emergency,

by notice in writing signed by the Minister of the Crown presiding at the meeting,authorise the exercise, by the Police, of emergency powers.

(3) Every notice given pursuant to subsection (2) of this section,

(a) Shall set out:

(i) The names of the Ministers of the Crown present at themeeting held pursuant to subsection (1) of this section atwhich the giving of the notice is approved; and

(ii) The date on which the notice is given; and

(iii) The authority under which the notice is given; and

(iv) The reasons for the giving of the notice; and

(v) The circumstances specified in subsection (4) of thissection in which the authority to exercise emergencypowers under the notice will expire; and

(b) May contain such other information as may be appropriate in thecircumstances.

(4) Subject to sections 7 and 8 of this Act, the authority to exercise emergencypowers under any notice given pursuant to subsection (2) of this section shallexpire:

(a) Once the Commissioner of Police is satisfied that the emergency isnot an international terrorist emergency; or

(b) When the international terrorist emergency ends; or

(c) At the close of the day specified in the notice as the day when thatnotice expires; or

(d) At the close of the seventh day after the day on which the notice isgiven,

whichever occurs first.

(5) The Minister of the Crown who signs any notice given pursuant to subsection(2) of this section shall forthwith give public notice of the giving of that notice bysuch means as are reasonable in the circumstances, and the notice shall bepublished in the Gazette as soon as practicable.

(6) Notwithstanding anything to the contrary in any other Act, every notice givenpursuant to subsection (2) of this section shall come into force when it is signed bythe Minister of the Crown presiding at the meeting of Ministers held pursuant tosubsection (I) of this section.

7. House of representatives may extend authority to exercise emergency powers

(1) Where any notice is given pursuant to section 6(2) of this Act authorising theexercise, by the Police, of emergency powers, the Minister of the Crown who

signed that notice shall inform the House of Representatives that suchauthorisation has been given, and of the reasons why it was given,

(a) Forthwith, if the House of Representatives is then sitting; or

(b) If the House of Representatives is not then sitting, at the earliestpracticable opportunity.

(2) Where the House of Representatives is informed, pursuant to subsection (1)of this section, that a notice has been given pursuant to section 6(2) of this Actauthorising the exercise, by the Police, of emergency powers, the House ofRepresentatives may, by resolution, from time to time extend that authority toexercise emergency powers for such period, not exceeding 7 days in each instance,as is specified in the resolution.

(3) If, when a notice is given pursuant to subsection (2) of section 6 of this Act,Parliament has been dissolved or has expired and no Proclamation has been madesummoning Parliament to meet on a day not later than the day on which theauthority to exercise emergency powers pursuant to that notice would expire undersubsection (4)(c) or (d) of that section, the Governor-General may, byProclamation approved in Executive Council, where the Governor-General issatisfied that it is necessary to extend the authority to exercise emergency powerspursuant to that notice, from time to time extend that authority to exerciseemergency powers for such period, not exceeding 7 days in each instance, as isspecified in the Proclamation.

(4) No resolutions passed by the House of Representatives under subsection (2)of this section, and no Proclamations made under subsection (3) of this section,may extend the authority to exercise emergency powers pursuant to a notice givenpursuant to section 6(2) of this Act for a period which, in the aggregate, exceeds14 days.

(5) Nothing in subsection (2) or subsection (3) of this section authorises anyperson to exercise any emergency power after the emergency in respect of whichauthority to exercise emergency powers has been given under this Act ends.

8. House of representatives may revoke authority to exercise emergency powers

Notwithstanding anything in section 6 or section 7 of this Act, the Houseof Representatives may at any time, by resolution, revoke:

(a) Any authority to exercise emergency powers under any notice givenpursuant to section 6(2) of this Act,

(b) Any extension of any such authority pursuant to subsection (2) orsubsection (3) of section 7 of this Act.

EMERGENCY POWERS

9. Proof of identity

Every member of the Police shall, when exercising any emergencypower,

(a) Where it is reasonable and practical in the circumstances,

(i) Identify himself or herself to every person who is directlyaffected by the exercise of that power; and

(ii) Inform such persons of the authority under which thatmember is acting and the power or powers that thatmember is exercising; and

(b) If that member of the Police is not in uniform, and if requested todo so, produce evidence that he or she is a member of the Police.

Compare: 1975 No 116, s1 8(4)

10. Emergency powers

(1) This section applies to any emergency in respect of which the Police areauthorised, by or under section 6(2) or section 7 of this Act, to exercise emergencypowers.

(2) Subject to this Act, any member of the Police may, for the purpose of dealingwith any emergency to which this section applies, or of preserving life or propertythreatened by that emergency,

(a) Require the evacuation of any premises or place (including anypublic place), or the exclusion of persons or vehicles from any premisesor place (including any public place), within the area in which theemergency is occurring.

(b) Enter, and if necessary break into, any premises or place, or anyaircraft, hovercraft, ship or ferry or other vessel, train, or vehicle, withinthe area in which the emergency is occurring.

(c) Totally or partially prohibit or restrict public access, with or withoutvehicles, on any road or public place within the area in which theemergency is occurring.

(d) Remove from any road or public place within the area in which theemergency is occurring any aircraft, hovercraft, ship or ferry or othervessel, train, or vehicle impeding measures to deal with that emergency;and, where reasonably necessary for that purpose, may use force or may

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break into any such aircraft, hovercraft, ship or ferry or other vessel,train, or vehicle.

(e) Destroy any property which is within the area in which theemergency is occurring and which that member of the Police believes,on reasonable grounds, constitutes a danger to any person.

(f) Require the owner or person for the time being in control of anyland, building, vehicle, boat, apparatus, implement, or equipment (in thisparagraph referred to as requisitioned property) that is within the area inwhich the emergency is occurring forthwith to place that requisitionedproperty under the direction and control of that member of the Police, orof any other member of the Police.

(g) Totally or partially prohibit or restrict land, air, or water trafficwithin the area in which the emergency is occurring.

(3) Notwithstanding anything in any other Act, but subject to this Act, anymember of the Police may, for the purpose of preserving life threatened by anyemergency to which this section applies,

(a) Connect any additional apparatus to, or otherwise interfere with theoperation of, any part of the telephone system; and

(b) Intercept private telephonic communications,

in the area in which the emergency is occurring.

(4) The power specified in subsection (3) of this section may be exercised onlyby, or with the authority of, a commissioned officer of the Police, and only if thatofficer believes, on reasonable grounds, that the exercise of that power willfacilitate the preservation of life threatened by the emergency.

Compare: 1983 No 46, ss. 60-64(1)

11. Requisitioning powers

(1) Any member of the Police exercising any power conferred on that member bysection 10(2)(f) of this Act to requisition any property shall give to the owner orperson in charge of the requisitioned property a written statement specifying theproperty that is requisitioned and the person under whose control the property is tobe placed.

(2) Where the owner or person for the time being in control of any property thatmay be requisitioned under section 10(2)(f) of this Act cannot be immediatelyfound, any member of the Police may assume forthwith the control and directionof the requisitioned property.

(3) Where any member of the Police assumes the control and direction of anyproperty under subsection (2) of this section, that member shall ensure that, assoon as reasonably practicable in the circumstances, a written statement specifyingthe property that has been requisitioned, and the person under whose control it hasbeen placed, is given to the owner or person formerly in charge of therequisitioned property.

Compare: 1983 No 46, s64(2)-(4)

12. Members of armed forces assisting police may exercise emergency powers

(1) Subject to this Act, any emergency power (except the power specified insection 10(3) of this Act) may be exercised by any member of the Armed Forceswho is assisting the Police to deal with any emergency to which section 10 of thisAct applies as if that member of the Armed Forces were a member of the Police.

(2) Any member of the Armed Forces who is authorised by subsection (1) of thissection to exercise any emergency power may exercise any such power only at,and in accordance with, the request of a member of the Police.

13. Compensation payable where property requisitioned or destroyed

(1) Where any requisitioned property has come under the control of any personacting under section 10(2)(f) or section 11 or section 12 of this Act, there shall, onapplication by any person having an interest in the requisitioned property, bepayable, out of money appropriated by Parliament for the purpose, reasonablecompensation for:

(a) The use of that requisitioned property while under that control; and

(b) Any loss of, or damage or injury to, that requisitioned propertysuffered or incurred while under that control.

(2) Where any property (other than requisitioned property, or any propertybelonging to any person and used by that person for the purpose of, or in thecourse of, causing an emergency in respect of which authority to exerciseemergency powers has been given under this Act) is damaged or injured ordestroyed as a result of any action taken by any member of the Police, or anymember of the Armed Forces assisting the Police, in the course of dealing withthat emergency, there shall, on application by any person having an interest in theproperty, be payable, out of money appropriated by Parliament for the purpose,reasonable compensation for such loss of, or damage or injury to, that property.

(3) Where there is any dispute as to the entitlement of any person tocompensation under this section, or as to the amount of such compensation, or asto the liability of the Crown to pay any such compensation, the matter shall bedetermined by any Court of competent jurisdiction.


14. Prime minister may prohibit publication or broadcasting of certain mattersrelating to international terrorist emergency

(1) Where, in respect of any emergency in respect of which authority to exerciseemergency powers has been given under this Act, the Prime Minister believes, onreasonable grounds, that the publication or broadcasting of:

(a) The identity of any person involved in dealing with that emergency;or

(b) Any other information or material (including a photograph) whichwould be likely to identify any person as a person involved in dealingwith that emergency,

would be likely to endanger the safety of any person involved in dealing with thatemergency, or of any other person, the Prime Minister may, by notice in writing,prohibit or restrict:

(c) The publication, in any newspaper or other document; and

(d) The broadcasting, by radio or television or otherwise,

of the identity of any person involved in dealing with that emergency, and anyother information or material (including a photograph) which would be likely toidentify any person as a person involved in dealing with that emergency.

(2) Where, in respect of any emergency in respect of which authority to exerciseemergency powers has been given under this Act, the Prime Minister believes, onreasonable grounds, that the publication or broadcasting of any information ormaterial (including a photograph) relating to any equipment or technique lawfullyused to deal with that emergency would be likely to prejudice measures designedto deal with international terrorist emergencies, the Prime Minister may, by noticein writing, prohibit or restrict:

(a) The publication, in any newspaper or other document; and

(b) The broadcasting, by radio or television or otherwise,

of any information or material (including a photograph) of any such equipment ortechnique.

(3) The Prime Minister may issue a notice under subsection (1) or subsection (2)of this section notwithstanding that the emergency in respect of which the notice isissued has ended.

(4) Where any notice is issued under subsection (1) or subsection (2) of thissection, the Prime Minister shall forthwith give public notice of the issue of thatnotice by such means as are practicable in the circumstances, and the notice shallbe published in the Gazette as soon as practicable.

(5) Nothing in this section shall restrict the broadcasting or reporting of theproceedings of the House of Representatives.

15. Commencement, revocation, expiry, and renewal of notice issued undersection 14

(1) Notwithstanding anything in any other Act, every notice issued under section14 of this Act shall become effective in relation to any person either:

(a) When that notice is delivered to that person; or

(b) On the giving of public notice of the issue of that notice pursuant tosubsection (4) of that section,

whichever occurs first.

(2) The Prime Minister may at any time, by notice in the Gazette, revoke anynotice issued under section 14 of this Act.

(3) Subject to subsections (2) and (4) of this section, every notice issued undersection 14 of this Act shall expire 1 year after the date on which the notice wasissued, or on such earlier date as may be specified in the notice.

(4) Subject to subsection (2) of this section, the Prime Minister may, from time totime, by notice in the Gazette, renew any notice issued under section 14 of this Actfor such period, not exceeding 5 years in each instance, as is specified in the noticeof renewal, if the renewal of the notice is necessary:

(a) To protect the safety of any person; or

(b) To avoid prejudice to measures designed to deal with internationalterrorist emergencies.

16. Protection from liability

Except as provided by section 13 of this Act, no action or proceedingshall be brought against the Crown, or any member of the Police, or any memberof the Armed Forces, to recover damages for any loss of, or damage or injury to,any property where that loss, damage, or injury is due directly or indirectly to anemergency in respect of which authority to exercise emergency powers has beengiven under this Act, whether the loss or damage or injury is caused by any persontaking any action, or failing to take any action, in the exercise or performance ingood faith of that person's functions, duties, or powers under this Act.


17. Commissioner ofpolice to give information to house of representatives

(1) As soon as practicable after the end of any emergency in respect of whichauthority to exercise emergency powers is given under this Act, the Commissionerof Police shall, if any emergency power was exercised under this Act during thatemergency, make a report to the House of Representatives on the exercise of thatpower.

(2) The Commissioner of Police shall include in every annual report prepared bythe Commissioner for the purposes of section 65 of the Police Act 1958information on the operation of any agreement between the Police andrepresentatives of the news media under which guidelines are established for thereporting, by the news media, of terrorist incidents.

PROVISIONS RELATING TO INTERCEPTION OF PRIVATECOMMUNICATIONS

18. Prohibition on disclosure ofprivate communications lawfully intercepted

No person who:

(a) Pursuant to the power conferred by section 10(3) of this Act,intercepts or assists in the interception of a private communication; or

(b) Acquires knowledge of a private communication as a direct orindirect result of that interception,

shall knowingly disclose the substance, meaning, or purport of thatcommunication, or any part of that communication, otherwise than in theperformance of that person's duty.

Compare: 1978 No 65, s23(1)

19. Notice to be given of intention to produce evidence ofprivate communication

Particulars of a private communication intercepted pursuant to the powerconferred by section 10(3) of this Act shall not be received in evidence by anyCourt against any person unless the party intending to adduce it has given to thatperson reasonable notice of that party's intention to do so, together with:

(a) A transcript of the private communication where that party intendsto adduce it in the form of a recording, or a written statement settingforth the full particulars of the private communication where that partyintends to adduce oral evidence of it; and

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(b) A statement of the time, place, and date of the privatecommunication, and of the names and addresses of the parties to thecommunication, if they are known.


20. Inadmissibility of evidence ofprivate communications lawfully intercepted

Where:

(a) A private communication is intercepted pursuant to the powerconferred by section 10(3) of this Act during an emergency in respect ofwhich authority to exercise emergency powers has been given under thisAct; and

(b) That private communication discloses evidence relating to anyoffence that is not related to that emergency,

no particulars of that communication which relate to that offence shall be receivedin evidence by any Court against any person.


OFFENCES

21. Offences

(1) Subject to subsection (4) of this section, every person commits an offencewho,

(a) Without lawful excuse, fails or refuses to comply with anydirection, requirement, prohibition, or restriction given to or imposedupon that person pursuant to section 10 of this Act,

(i) By any member of the Police; or

(ii) By any member of the Armed Forces acting under section12 of this Act.

(b) Contrary to any notice issued by the Prime Minister under section14 of this Act, publishes or causes or allows to be published in anewspaper or other document, or broadcasts or causes or allows to bebroadcast by radio or television or otherwise,

(i) The identity of any person involved in dealing with an

emergency in respect of which authority to exercise

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emergency powers has been given under this Act, or anyother information or material (including a photograph)which would be likely to identify any person as a personinvolved in dealing with any such emergency; or

(ii) Any information or material (including a photograph) ofany equipment or technique lawfully used to deal withany such emergency.

(2) Every person who commits an offence against subsection (1) of this section isliable on summary conviction,

(a) In the case of an individual, to imprisonment for a term not

exceeding 3 months or to a fine not exceeding $2,000.

(b) In the case of a body corporate, to a fine not exceeding $20,000.

(3) Every person commits an offence and is liable on summary conviction to afine not exceeding $1,000 who acts in contravention of section 18 of this Act.

(4) It is a defence to a charge under subsection (])(a) of this section if the Courtis satisfied that:

(a) The member of the Police, or the member of the Armed Forcesacting under section 12 of this Act, as the case may require, did not havereasonable grounds for believing that in all the circumstances of the casethe direction, requirement, prohibition, or restriction was necessary forthe purposes of dealing with the emergency in respect of which thedirection, requirement, prohibition, or restriction was given or imposed,or of preserving life or property threatened by that emergency; or

(b) The defendant had no reason to believe that the person giving orimposing that direction, requirement, prohibition, or restriction was amember of the Police, or a member of the Armed Forces acting undersection 12 of this Act, as the case may require.

CONSEQUENTIAL AMENDMENT

22. Crimes act 1961 amended

Repealed.

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4. IMMIGRATION ACT 1987 - PART III: DEPORTATION OFPERSONS THREATENING NATIONAL SECURITY AND

SUSPECTED TERRORISTS74

72. Persons threatening national security

Where the Minister certifies that the continued presence in New Zealandof any person named in the certificate constitutes a threat to national security, theGovernor-General may, by Order in Council, order the deportation from NewZealand of that person.

73. Suspected terrorists

(1) The Minister may, by order signed by the Minister, order the deportation fromNew Zealand of any person where the Minister has reason to believe:

(a) That the person is a member of or adheres to any organisation orgroup of persons that has engaged in, or has claimed responsibility for,an act of terrorism in New Zealand; or

(b) That the person has engaged in, or claimed responsibility for an actof terrorism in New Zealand; or

(c) That the person:

(i) Is a member of or adheres to any organisation or group ofpersons that has engaged in, or has claimed responsibilityfor, an act of terrorism outside New Zealand; or

(ii) Has engaged in, or claimed responsibility for, an act ofterrorism outside New Zealand,

and that, by reason thereof, or for any other reason, that person's continuedpresence in New Zealand constitutes a threat to public safety; or

(d) That the person will, if permitted to remain in New Zealand, engagein, or facilitate the commission of, any act of terrorism.

(2) The Minister may at any time revoke a deportation order made under thissection.

74. Certain matters to be specified in deportation order

(1) Every deportation order made under section 72 of this Act shall state that it is

made pursuant to that section.

7' The full text of the Act is available for consultation from the Codification Division, Officeof Legal Affairs.

(2) Every deportation order made under section 73 of this Act:

(a) Shall state the provision pursuant to which it is made; and

(b) Shall state the ground or grounds on which it is made; and

(c) Shall include notice of the right of appeal conferred by section 81 ofthis Act and the manner in which that right is to be exercised.

75. Suspect may he arrested pending making of deportation order

(1) Where a member of the Police believes on reasonable grounds that a person(in this section referred to as the suspected person) is a person to whom any ofparagraphs (a) to (d) of subsection (1) of section 73 of this Act applies, themember of the Police may arrest the suspected person without warrant and placethe suspected person in custody, and shall then refer the case as soon as possible tothe Minister to determine whether or not to make a deportation order in respect ofthat person under that section.

(2) Every person who is arrested under this section shall be brought before aDistrict Court Judge as soon as possible, and shall in no case be detained for morethan 48 hours unless, within that period, a District Court judge issues a warrant ofcommitment under section 79 of this Act for the detention of that person incustody.

(3) If, in respect of any person who is placed in custody under this section and inrespect of whom no warrant of commitment has been issued, the Minister decidesnot to make a deportation order, the person shall be released from custodyforthwith.

76. Currency of deportation order

Every deportation order made under section 72 or section 73 of this Actshall be in force from the date on which it is served in accordance with section 77of this Act, and shall, unless it is quashed or revoked in accordance with any of theprovisions of this Act, remain in force until the person named in the order leavesNew Zealand.

77. Service of deportation order

(1) A deportation order made under section 72 or section 73 of this Act shall beserved on the person named in the order by personal service only.

(2) At any time after a deportation order has been served on any person undersubsection (1) of this section, an immigration officer may do all or any of thefollowing things:

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(a) Require the person on whom the order is served to produce forinspection by the immigration officer that person's passport or certificateof identity.

(b) Where possession of any document referred to in paragraph (a) ofthis subsection is required by the immigration officer for any travelbooking or otherwise for the purpose of effecting, the person'sdeportation from New Zealand, require the person on whom the order isserved to surrender to the immigration officer, or to give to the officerwritten authority to uplift from any other person, any such document.

(c) Require the person to surrender to the immigration officer, or togive to the officer written authority to uplift from any other person, anytravel tickets, or cash or security in lieu of travel tickets, held by or onbehalf of that person.

(3) On producing a written authority given under paragraph (b) or paragraph (c)of subsection (2) of this section, an immigration officer may require any personnamed in the authority to surrender the document, or the travel tickets or cash orsecurity in lieu of travel tickets, to which the authority relates, and that person shallsurrender the document or the tickets or cash or security accordinglynotwithstanding anything in any other Act or any rule of law.

(4) Any travel tickets or cash or security in lieu of travel tickets surrendered to animmigration officer under subsection (2) (c) or subsection (3) of this section maybe used by the Crown in or towards effecting the deportation of the person fromNew Zealand, and, to the extent that they are not so used, shall be returned to theperson on that person's departure from New Zealand, or, where appropriate, on therevocation or quashing of the deportation order.

78. Arrest of person subject to deportation order

(1) Any person in respect of whom a deportation order has been made undersection 72 or section 73 of this Act may be arrested at any time by any member ofthe Police without warrant and placed in custody.

(2) Where any person is arrested under subsection (1) of this section before thedeportation order has been served on that person, the deportation order shall beserved on that person as soon as possible.

(3) Every person who is arrested under this section shall be brought before aDistrict Court judge as soon as possible, and shall in no case be detained for morethan 48 hours unless, within that period, a District Court Judge issues a warrant orcommitment under section 79 of this Act for the detention of that person incustody.

79. Powers of District Court judge in relation to persons in custody

(1) Every person who is taken into custody under section 75 or section 78 of this

Act shall be brought before a District Court judge as soon as possible (and in no

case later than 48 hours after the person was taken into custody).

(2) Where any person is brought before a District Court judge under subsection

(1) of this section, the following provisions shall apply:

(a) The judge shall, if satisfied on the balance of probabilities that the

person is not the person named in the deportation order, order that theperson be released from custody forthwith.

(b) Except in a case to which paragraph (a) of this subsection applies,the Judge shall:

(i) Issue a warrant of commitment in the prescribed form forthe detention of the person; or

(ii) If satisfied that the release of the person would not becontrary to the public interest, order that the person berelease on conditions in accordance with subsection (4) ofthis section, ending the person's deportation from NewZealand or an order of the High Court under section 84 ofthis Act.

(3) Every warrant of commitment issued under this section shall authorise theperson to whom it is addressed to detain the person named in it until:

(a) Required by a member of the Police to deliver up that person inaccordance with section 85 of this Act; or

(b) Ordered by a District Court judge under subsection (9)(a) of thissection to release that person; or

(c) Ordered by the High Court or a judge of the High Court to releasethat person.

(4) Any order for the release of any person under subsection (2)(b) of this sectionshall be conditional upon the person residing at a specified address and reporting

to a Police station, at intervals of not more than 7 days, on such days and at suchtimes and in such manner as the Judge may specify, and may be subject to suchother conditions as the Judge may think fit to impose.

(5) Any condition imposed under subsection (4) of this section may be varied at

any time by a District Court Judge on the application of a member of the Police orthe person released, after hearing both parties or having allowed such opportunity

for both parties to be heard as seems reasonable in all the circumstances, and anysuch condition shall take effect as so varied.

(6) Any conditions imposed on a person under subsection (4) of this section, andany variation of such conditions under subsection (5) of this section, shall benotified in writing to the person on that person's release or, as the case mayrequire, as soon as possible after the variation is made, and the written notice shall:

(a) Specify the address at which the person is to reside; and

(b) Set out any reporting or other conditions imposed; and

(c) Include a warning that, if the person fails to reside at the specifiedaddress or breaches any reporting or other condition, the person is liableto be arrested without warrant and placed in custody.

(7) A breach of any condition imposed under subsection (4) of this section, orvaried under subsection (5) of this section, shall nullify the order for release, andthereafter the person is liable to be arrested by any member of the Police withoutwarrant and placed in custody.

(8) Every person who is arrested under subsection (7) of this section shall bebrought before a District Court Judge as soon as possible (and in no case later than48 hours after the person was arrested), and the Judge shall, if satisfied of thebreach, issue a warrant of commitment in the prescribed form for the detention ofthat person in custody pending that person's deportation from New Zealand.

(9) Where, in respect of any person arrested under section 75 of this Act andsubsequently detained pursuant to a warrant of commitment or released onconditions under this section, the Minister decides not to make a deportation order,or fails to make a deportation order within 14 days after the day of the arrest, animmigration officer shall forthwith inform the Registrar of a District Court, and thefollowing provisions shall apply:

(a) If the person is in custody, a District Court Judge (or, where nojudge is available, the Registrar) shall order that person's release fromcustody forthwith.

(b) If the person was released on conditions, the Judge (or Registrar)shall order that the person shall cease to be bound by those conditions,and the Registrar shall forthwith notify the person accordingly.

(10) Any conditions imposed on any person in accordance with this section shalllapse, and the person shall cease to be bound by them, when the person leavesNew Zealand.

299

80. Form of custody

(1) Every person who is placed in custody under section 75 or section 78 orsection 79 (7) of this Act shall be held in a Police station until that person isbrought before a District Court Judge in accordance with section 79 (1) of this Act.

(2) Every person who is to be detained in custody pursuant to a warrant ofcommitment issued under section 79 of this Act shall be held in a penal institution.

81. Appeal to High Court against deportation order

(1) Any person in respect of whom a deportation order made under section 73 ofthis Act is in force may appeal to the High Court against the making of the order.

(2) Every such appeal shall be brought within 21 days after the day on which theorder is served on the person named in it.

(3) On any appeal under this section, the High Court may confirm or quash thedeportation order, as it thinks fit.

(4) Repealed by s. 3 (4) of the Judicature Amendment Act 1991.

(5) The decision of the High Court on any appeal under this section shall be finaland conclusive.

(6) Except as expressly provided in this section or in regulations made under thisAct, the High Court may regulate its procedure on any appeal under this section insuch manner as it thinks fit.

82. Powers of Judge to protect security

(1) Without limiting the generality of subsection (6) of section 81 of this Act, inrespect of any appeal under that section, a Judge of the High Court may, if theJudge is satisfied that it is the interests of security to do so, make any one or moreof the following orders:

(a) An order forbidding publication of any report or account of the

whole or any part of:

(i) The evidence adduced; or

(ii) The submissions made.

(b) An order forbidding the publication of the name of any witness orwitnesses, or any name or particulars likely to lead to the identificationof any witness or witnesses.

(c) An order excluding all or any persons other than the appellant, therespondent, any barrister or solicitor engaged in the proceedings, and anyofficer of the Court from the whole or any part of the proceedings.

(2) For the purposes of subsection (1) of this section, "security" means theprotection of New Zealand, or any person, property, or thing within New Zealand,from acts of terrorism.

(3) Any order made under paragraph (a) or paragraph (b) of subsection (1) of thissection:

(a) May be made for a limited period or permanently; and

(b) If it is made for a limited period, may be renewed for a furtherperiod or periods by the Court; and

(c) If it is made permanently, may be reviewed by the Court at anytime.

(4) The breach of any order made under subsection (1) of this section, or anyevasion or attempted evasion of it, may be dealt with as contempt of Court.

(5) Nothing in this section shall limit:

(a) Any other power of the Court to hear proceedings in private or toexclude any person from the Court or to punish any contempt of Court;or

(b) The provisions of any other enactment relating to the prohibition orregulation of the publication of reports or particulars relating to judicialproceedings.

83. Deportation order not to be executed pending, appeal, etc.

(I) No deportation order made under section 73 of this Act shall be executed:

(a) Except at the request of the person named in the order,

(i) Within 21 days after it is served on the person to whom itapplies; or

(ii) While any appeal under section 81 of this Act is pending;or

(b) Subject to [section 96] of the Criminal justice Act 1985, while theperson is undergoing imprisonment in a penal institution.

(2) For the purposes of subsection (1) of this section, an appeal is pending fromthe time when it is lodged until the time when the decision on the appeal is notifiedto the appellant, or (where appropriate) the time when the appellant withdraws theappeal.

In subs. (1)(b) the expression "'section 96 "was substituted for the expression "section 92 '" bys. 52 of the Criminal Justice Amendment Act 1993.

84. Procedure where appeal successful

In any case where, on an appeal under section 81 of this Act, the HighCourt quashes the deportation order, the Court shall order the immediate release ofthe appellant from custody or (as the case may require) from any conditionsimposed under section 79 of this Act.

85. Execution of deportation order where deportee in custody pursuant towarrant of commitment

(1) This section applies to any person in respect of whom a deportation ordermade under section 72 or section 73 of this Act is in force and who is held incustody pursuant, to a warrant of commitment issued under section 79 of this Actpending that person's deportation from New Zealand.

(2) Subject to section 83 of this Act, when a craft becomes available to take anyperson to whom this section applies from New Zealand, and it is practicable in allthe circumstances for the person to leave on that craft, the Superintendent or otherofficer in charge of the penal institution in which that person is detained in custodyshall, on being required in writing to do so by a member of the Police, deliver theperson to whom the warrant applies into the custody of the member of the Police,who shall escort the person, or arrange for the person to be escorted, to the seaportor airport and ensure that the person is placed upon the craft and detained thereuntil the craft leaves New Zealand.

(3) If, for any reason, that craft ceases to be available to take that person fromNew Zealand or is, or is likely to be, delayed in New Zealand for more than 24hours, or if for any other reason the person is unable to leave New Zealand at theexpected time, the person shall be returned to the custody of the Superintendent orother person to whom the warrant of commitment was addressed, and for thatpurpose that warrant shall be deemed still to be of full force and effect.

86. Execution of deportation order where deportee serving sentence in penalinstitution

(1) This section applies to any person in respect of whom a deportation ordermade under section 72 or section 73 of this Act is in force, and who is in a penalinstitution undergoing imprisonment.

(2) Subject to section 83 of this Act, on the date of the proposed release of aperson to whom this section applies the Superintendent or other officer in chargeof the penal institution shall, if called upon by any member of the Police to do so,instead of releasing that person, deliver the person into the custody of the memberof the Police, who shall:

(a) If a craft is available within 24 hours to take the person from NewZealand, and it is practicable in all the circumstances for the person toleave on that craft, escort the person, or arrange for the person to beescorted, to the seaport or airport and ensure that the person is placedupon the craft and detained there until the craft leaves New Zealand; or

(b) If no craft is available within 24 hours to take the person from NewZealand, or if the craft that was so available ceases to be so available oris, or is likely to be, delayed in New Zealand for more than 24 hours, orif for any other reason the person is unable to leave New Zealand at theexpected time, bring the person before a District Court Judge, in whichcase the provisions of section 79 of this Act, with any necessarymodifications, shall apply.

87. Execution of deportation order where deportee not in custody

(1) This section applies to any person in respect of whom a deportation ordermade under section 72 or section 73 of this Act is in force and who is not incustody.

(2) Subject to section 83 of this Act, when a craft becomes available to take anyperson to whom this section applies from New Zealand, and it is practicable in allthe circumstances for the person to leave on that craft, any member of the Policemay, not earlier than 72 hours before the time at which the craft is due to leaveNew Zealand, arrest that person without warrant, detain that person in custodyuntil it is time to escort that person, or arrange for that person to be escorted, to theseaport or airport, and ensure that the person is placed upon the craft and detainedthere until the craft leaves New Zealand.

(3) If, for any reason, the craft ceases to be available to take the person from NevZealand within the period of 72 hours or the craft is, or is likely to be, delayedbeyond that period, or if for any other reason the person is unable to leave NewZealand at the expected time, the person shall either be released from custody orbe brought before a District Court Judge, in which latter case the provisions of'section 79 of this Act shall apply with any necessary modifications.

(4) Any person who is released under subsection (3) of this section, or has beenreleased on conditions in accordance with section 79 of this Act, shall remainsubject to any conditions imposed on that person under that section and liable to bedealt with in accordance with the foregoing provisions of this section, and anyperson who is ordered to be detained under that section shall thereafter be liable tobe dealt with in accordance with the provisions of section 85 of this Act.

88. Permit deemed cancelled where holder deported

Where the holder of any permit is deported under this Part of this Act,the permit, and any returning resident's visa held by the holder of the permit, shallbe deemed to be cancelled.

TRANSITIONAL PROVISIONS

89. Deportation orders made by Minister under previous Act

(1) This section applies to every order signed by the Minister, at any time beforethe commencement of this Act, under section 22 (3) of the Immigration Act 1964in respect of any person who has not left New Zealand in accordance with theorder, being an order that was still in force immediately before thatcommencement.

(2) Every order to which this section applies shall be deemed for the purposes ofthis Act and [section 96] of the Criminal Justice Act 1985 to be a deportation ordermade under this Part of this Act, and, subject to the succeeding provisions of thissection, the provisions of this Part of this Act shall apply accordingly with anynecessary modifications.

(3) If any order to which this section applies, or a copy of any such order, orwritten notice of the making of any such order, was served before thecommencement of this Act on the person in respect of whom the order was made,the following provisions shall apply:

(a) The order shall be deemed to have been served under and inaccordance with section 77 of this Act.

(b) Where any appeal under section 22G of the Immigration Act 1964was properly brought but not determined before the commencement ofthis Act, it shall be deemed to have been brought under section 81 of thisAct and shall be determined accordingly.

(c) Where the order, copy, or notice was served more than 28 daysbefore the commencement of this Act and no appeal was brought undersection 22G of the Immigration Act 1964, no appeal against the ordershall lie under section 81 of this Act.

(d) Where the order, copy, or notice was served less than 28 daysbefore the commencement of this Act and no appeal was brought undersection 22G of the Immigration Act 1964 before that commencement, anappeal may be brought under section 81 of this Act at any time within 28days after the date of that service.

In subs. (2) the expression "section 96" was substituted for the expression "section 92" by s.52 of the Criminal Justice Amendment Act 1993.

90. Persons ordered to leave New Zealand pursuant to Order in Council underprevious Act

(1) This section applies to every Order in Council made at any time before thecommencement of this Act under section 22 (2) of the Immigration Act 1964 inrespect of any person who has not left New Zealand in accordance with the Orderin Council, being an order that was still in force immediately before thecommencement of this Act.

(2) Every Order in Council to which this section applies shall be deemed for thepurposes of this Act and [section 96] of the Criminal justice Act 1985 to be anOrder in Council made under section 72 of this Act and, subject to subsection (3)of this section, the provisions of this Part of this Act shall apply accordingly withany necessary modifications.

(3) If any order to which this section applies, or a copy of any such order, orwritten notice of the making of any such order, was served before thecommencement of this Act on the person in respect of whom the order was made,the order shall be deemed to have been served under and in accordance withsection 77 of this Act.

In subs. (2) the expression "'section 96" was substituted for the expression "section 92" by s.52 of the Criminal Justice Amendment Act 1993.

5. MARITIME CRIMES ACT 199975

An Act to give effect to the provisions of the Rome Convention for theSuppression of Unlawful Acts Against the Safety of Maritime Navigation and theRome Protocol for the Suppression of Unlawful Acts Against the Safety of FixedPlatforms Located on the Continental Shelf

[20 May 1999]

BE IT ENACTED by the Parliament of New Zealand as follows:


(1) This Act may be cited as the Maritime Crimes Act 1999.

(2) This Act comes into force on I September 1999.

75 Public Act 1999 No. 56

2. Interpretation

In this Act, unless the context otherwise requires,

"Act of violence" means an act which, if committed in New Zealand, wouldconstitute:

(a) An assault as defined in any of sections 192, 193, 194, 196, or 202Cof the Crimes Act 1961; or

(b) Any of the crimes specified in sections 188, 189, 190, 191, 197,198, 198A, 198B, 199, 200, 202, 203, or 209 of the Crimes Act 1961.

"Continental shelf' has the same meaning as in section 2(1) of the ContinentalShelf Act 1964.

"Fixed platform" means any artificial island, installation, or structure permanentlyattached to the seabed for the purpose of exploration or exploitation of resources orfor other economic purposes.

"Maritime navigational facilities" includes:

(a) Any lightship and any floating or other light exhibited for theguidance of ships,

(b) Any description of a fog signal not carried on a ship,

(c) All marks and signs in aid of marine navigation,

(d) An electronic, radio, or other aid to marine navigation not carriedon board a ship.

"Master" means a person (except a pilot) having command or charge of a ship.

"New Zealand" includes all waters within the outer limits of the territorial sea ofNew Zealand as defined in section 3 of the Territorial Sea, Contiguous Zone, andExclusive Economic Zone Act 1977.

"New Zealand ship" means a ship that is registered under the Ship RegistrationAct 1992.

"Ordinarily resident in New Zealand" has the same meaning as in section 4 of theCrimes Act 1961.

"Rome Convention" means the Convention for the Suppression of Unlawful ActsAgainst the Safety of Maritime Navigation, done at Rome on 10 March 1988.

"Rome Protocol" means the Protocol for the Suppression of Unlawful ActsAgainst the Safety of Fixed Platforms Located on the Continental Shelf, done atRome on 10 March 1988.

"Scheduled to navigate", in relation to a ship, means that the ship has:

(a) An intended route; or

(b) A voyage plan; or

(c) A normal course of plying; or

(d) An advertised sailing schedule.

"Ship" means a vessel of any type whatsoever not permanently attached to theseabed, including dynamically supported craft, submersibles, or any other floatingcraft.

3. Act does not apply to certain ships

This Act does not apply in relation to:

(a) A warship; or

(b) A ship owned or operated by a country when being used as a navalauxiliary or for customs or police purposes; or

(c) A ship that has been withdrawn from navigation or is laid up.

CRIMES RELATING TO SHIPS AND FIXED PLATFORMS

4. Crimes relating to ships

(1) A person commits a crime who intentionally:

(a) By force or by threat of force or by any other form of intimidationseizes or exercises control over a ship; or

(b) On board a ship, commits an act of violence that is likely toendanger the safe navigation of the ship; or

(c) Destroys a ship; or

(d) Causes damage to a ship or the ship's cargo and that damage islikely to endanger the safe navigation of the ship; or

(e) Places or causes to be placed on a ship anything that is likely todestroy the ship; or

(f) Places or causes to be placed on a ship anything that is likely tocause damage to the ship or the ship's cargo and that damage endangersor is likely to endanger the safe navigation of the ship; or

(g) Destroys, seriously damages, or seriously interferes with theoperation of any maritime navigational facilities, if the destruction,damage, or interference is likely to endanger the safe navigation of aship; or

(h) Endangers the safe navigation of a ship by communicating toanother person information which the person communicating theinformation knows to be false.


(a) Causes the death of any person in connection with the commissionor attempted commission of any of the crimes against subsection (1) incircumstances where the conduct concerned is the same as conductdescribed as murder or manslaughter under sections 158, 160, 167, 168,and 171 of the Crimes Act 1961; or

(b) Injures any person in connection with the commission or attemptedcommission of any of the crimes against subsection (1) or paragraph (a)of this subsection.

(3) A person commits a crime who threatens to do, in relation to a ship, any actthat is a crime against any of paragraphs (b) to (d) or paragraph (g) of subsection(1) if the threat:

(a) Is in order to compel any other person to do or abstain from doing

any act; and

(b) Is likely to endanger the safe navigation of the ship.

5. Crimes relating to fixed platforms


(a) By force or by threat of force or by any other form of intimidationseizes or exercises control over a fixed platform; or

(b) On board a fixed platform, commits an act of violence that is likelyto endanger the safety of the platform; or

(c) Destroys a fixed platform; or

(d) Causes damage to a fixed platform and that damage is likely toendanger the safety of the platform; or

(e) Places or causes to be placed on a fixed platform anything that islikely to destroy the platform or to endanger the safety of the platform.


(a) Causes the death of any person in connection with the commissionor attempted commission of any of the crimes against subsection (1) incircumstances where the conduct concerned is the same as conductdescribed as murder or manslaughter under sections 158, 160, 167, 168,and 171 of the Crimes Act 1961 ; or

(b) Injures any person in connection with the commission or attemptedcommission of any of the crimes against subsection (1) or paragraph (a)of this subsection.

(3) A person commits a crime who threatens to do, in relation to a fixed platform,any act that is a crime against any of paragraphs (b) to (d) of subsection (1) if thethreat:

(a) Is in order to compel any other person to do or abstain from doing

any act; and

(b) Is likely to endanger the safety of the platform.

6. Further provisions relating to crimes against sections 4 and 5

(I) For the purposes of sections 4(2) and 5(2), an act or omission by any personoccurs in connection with the commission or attempted commission of any of thecrimes against section 4(l) or section 5(1) (as the case may be) if it was done oromitted with intent:

(a) To commit or facilitate the commission or attempted commission ofany of those crimes; or

(b) To avoid the detection of himself or herself or of any other personin the commission or attempted commission of any of those crimes; or

(c) To avoid the arrest or facilitate the flight of himself or herself or ofany other person on the commission or attempted commission of any ofthose crimes.

(2) Subsection (1) does not limit the generality of the expression "in connectionwith the commission or attempted commission of'.

7. Penalties for crimes against sections 4 and 5

(1) A person who commits a crime against section 4(1) or section 4(2)(b) orsection 4(3) or section 5(1) or section 5(2)(b) or section 5(3) is liable on convictionon indictment to imprisonment for a term not exceeding 14 years.

(2) A person who commits a crime against section 4(2)(a) or section 5(2)(a),

(a) In circumstances where the conduct concerned is the same asconduct described as murder, must on conviction on indictment besentenced to imprisonment for life; and

(b) In circumstances where the conduct concerned is the same asconduct described as manslaughter, is liable on conviction on indictmentto imprisonment for life.

JURISDICTION AND APPLICATION PROVISIONS

8. Extra-territorial jurisdiction in respect of crimes relating to ships

(1) Section 4 applies in respect of acts or omissions that occur outside NewZealand if:

(a) The act or omission occurs against or on board a ship that isnavigating, or is scheduled to navigate, into or through or from thewaters beyond the outer limits of the territorial sea of a country or thelateral limits of its territorial sea with adjacent countries; and

(b) Any of the following applies:

(i) The ship is a New Zealand ship; or

(ii) The alleged offender is a New Zealand citizen or a personordinarily resident in New Zealand; or

(iii) The alleged offender is present in New Zealand.

(2) Regardless of subsection (1), section 4 applies in respect of acts or omissionsthat occur outside New Zealand if:

(a) The act or omission occurs against or on board a ship that is withinthe territory of another country; and

(b) The alleged offender is found in a country that is a party to theRome Convention but is not the country where the act or omissionoccurred; and

310

(c) Either:.

(i) The ship is a New Zealand ship; or

(ii) The alleged offender is a New Zealand citizen or a personordinarily resident in New Zealand.

(3) Regardless of subsection (1) or subsection (2), section 4 applies in respect ofacts or omissions that occur outside New Zealand if:

(a) The act or omission occurs against or on board a ship that is withinthe territory or another country; and

(b) The alleged offender is present in New Zealand.

9. Extra-territorial jurisdiction in respect of crimes relating to fixed platforms:

Section 5 applies in respect of acts or omissions that occur outside NewZealand if:

(a) The act or omission is:

(i) By a person on a fixed platform that is located on thecontinental shelf of New Zealand; or

(ii) By a New Zealand citizen or a person ordinarily residentin New Zealand; or

(b) The alleged offender is present in New Zealand.

10. Application of crimes act 1961

(1) The following sections of the Crimes Act 1961 do not apply in respect of anyof the crimes described in section 4 or section 5 of this Act:

(a) Section 8 (which relates to jurisdiction in respect of crimes on shipsor aircraft beyond New Zealand).

(b) Section 92 (which relates to piracy).

(c) Section 400 (which relates to the consent of the Attorney-General toproceedings in certain cases for offences on ships or aircraft).

(2) Except for subsection (1), this Act does not limit the Crimes Act 1961.

POWERS OF MASTERS

11. Master may deliver alleged offender to appropriate authorities

(1) A master of a New Zealand ship may deliver to the appropriate authorities ofa country that is a party to the Rome Convention any person whom the master hasreasonable grounds to believe has committed a crime against section 4.

(2) A master who intends to deliver a person under subsection (1) must notify theappropriate authorities of the country of:

(a) His or her intention to deliver the person to those authorities; and

(b) His or her reasons for intending to do so.

(3) A notification under subsection (2) must be given,

(a) If it is reasonably practicable to do so, before the ship enters theterritorial sea of the country; or

(b) In any other case, as soon as is reasonably practicable.

(4) If a master delivers a person under subsection (1), the master must give to theauthorities of the country any evidence relating to the alleged crime that is in themaster's possession.

(5) A master commits an offence who fails, without reasonable excuse, to complywith subsection (2) or subsection (3).

(6) A master who commits an offence against subsection (5) is liable on summary

conviction to a fine not exceeding $500.

12. Power to search persons and baggage on ships

(1) This section applies if, because of the distance from land or for any otherreason, it is impractical for the master of a ship to obtain, within a reasonable time,the assistance of a member of the police in New Zealand or a law enforcementofficer of another country.

(2) If a master of a ship has reasonable grounds to believe that a crime againstthis Act has been, is being, or is likely to be, committed on board or in relation tothe ship, the master, or any member of the crew, or any other person on board theship authorised by the master to do so, may:

(a) Search a person on board the ship who the master or the otherperson conducting the search has reasonable grounds to believe hascommitted or is committing or is likely to commit a crime against thisAct.

(b) Search the baggage of a person who is searched under paragraph(a).

(c) Search any baggage that the master or the other person who isconducting the search has reasonable grounds to believe contains anyarticle that has been used or could be used to effect or facilitate thecommission of a crime against this Act.

(3) The person who conducts the search may take possession of any article foundduring the search that has been used or could be used to effect or facilitate thecommission of a crime against this Act.

(4) If an article is seized under this section, it must be dealt with:

(a) In accordance with section 11(4); or

(b) By giving it to a member of the police in New Zealand or a lawenforcement officer of another country; or

(c) By returning the article to its owner if the master of the shipconsiders that the article has not been used and is not or is not likely tobe used to effect or facilitate the commission of a crime against this Act,and the possession of the article is otherwise lawful.

EXTRADITION OF OFFENDERS

13. Definitions relating to extradition provisions

For the purposes of sections 14 to 16,

"Country" includes any territory for whose international relations the Governmentof a country is responsible and to which the extradition treaty and the RomeConvention or the Rome Protocol (as the case may be) extends:

"Crime" includes:

(a) An attempt to commit that crime.

(b) Aiding, abetting, inciting, counselling, or procuring a person tocommit that crime.

(c) Inciting, counselling, or attempting to procure a person to committhat crime when it is not in fact committed.

(d) Being an accessory after the fact to that crime.


(1) For the purposes of the Extradition Act 1999 and any Order in Council inforce under section 15 or section 40 or section 104 of that Act, each crimedescribed in section 4 or section 5 of this Act is deemed to be an offence describedin any extradition treaty concluded before the commencement of this section andfor the time being in force between New Zealand and any country which is a partyto the Rome Convention or the Rome Protocol (as the case may be).

(2) Despite subsection (1), no person is liable to be surrendered under theExtradition Act 1999 in respect of an act or omission that amounts to a crime towhich that subsection applies if that act or omission occurred before the date onwhich the crime was deemed by that subsection to be an offence described in therelevant extradition treaty.

15. Restriction on surrender

(1) If the surrender of a person is sought in respect of any act or omission thatamounts to a crime described in section 4 or section 5, the Minister of Justice, orthe court before which that person is brought, in deciding whether to order thesurrender of that person, must have due regard to whether the country that isseeking the surrender will give effect to the following rights of that person:

(a) The right to communicate, without delay, with the nearestappropriate representative of the country of which that person is a citizenor is habitually resident; and

(b) The right to be visited by a representative of the country referred toin paragraph (a).

(2) To avoid doubt, section 99 of the Extradition Act 1999 applies if 2 or morecountries seek and obtain an order for the surrender of the same person in respectof any act or omission that amounts to a crime described in section 4 or section 5.

(3) If:

(a) Two or more countries request the surrender of a person under theExtradition Act 1999 in respect of any act or omission that amounts to acrime described in section 4; and

(b) Those countries are parties to the Rome Convention; and

(c) The ship in respect of which the act or omission relates was flyingthe flag of I of those countries when the alleged crime was committed,

then the Minister of Justice must, in addition to the matters specified in section99(2) of the Extradition Act 1999, have due regard to the interests andresponsibilities of the country whose flag the ship was flying.

(4) This section does not limit any other considerations that the Minister ofJustice or a court may take into account when considering whether or not to orderthe surrender of a person.

16. Certification of country as party to Rome Convention or Rome Protocol

A certificate given by the Minister of Foreign Affairs and Trade for thepurposes of section 14 that any country is a party to the Rome Convention or theRome Protocol (as the case may be) is, in the absence of evidence to the contrary,sufficient proof of that fact.


17. Attorney-General's consent required for prosecutions

(1) No proceedings for the trial and punishment of a person charged with a crimeagainst section 4 or section 5 can be instituted in any court except with the consentof the Attomey-General.

(2) However, a person charged with a crime against section 4 or section 5 may bearrested or a warrant for that person's arrest may be issued and executed, and thatperson may be remanded in custody or on bail, even though the Attorney-General's consent under subsection (1) has not been obtained.

18. Certification of ships in military service

A certificate given by the Minister of Foreign Affairs and Trade for thepurposes of this Act that any ship is or is not a warship or a ship owned or operatedby a country being used as a naval auxiliary is, in the absence of evidence to thecontrary, sufficient proof of that fact.

19. Immigration Act 1987 not limited

This Act does not limit or affect the Immigration Act 1987.

XXXI. PANAMA76

1. PENAL CODE

Article 312. Anyone who recruits persons, acquires weapons or carries out otherhostile acts not approved by the Government, within the territory of the Republic


or outside it against another State, exposing Panama to the danger of war or abreakdown in its international relations, shall be sentenced to imprisonment forthree to six years.

Article 313. Anyone who impedes or disrupts the implementation of theconventions and treaties concluded and ratified by the Republic in such a way as to

compromise the responsibilities of Panama shall be sentenced to imprisonment forone to three years.

XXXII. PHILIPPINES77

1. AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVILAVIATION AND FOR OTHER PURPOSES

Section 1. It shall be unlawful for any person to compel a change in course ordestination of an aircraft of Philippine registry, or to seize or usurp the controlthereof, while it is in flight. An aircraft is in flight from the moment all its externaldoors are closed following embarkation until any of such doors is opened fordisembarkation.

It shall likewise be unlawful for any person to compel an aircraft offoreign registry to land in Philippine territory or to seize or usurp the controlthereof while it is within the said territory.

Section 2. Any person violating any provision of the foregoing section shall bepunished by an imprisonment of not less than twelve years but not more thantwenty years, or by a fine of not less than twenty thousand pesos but not more thanforty thousand pesos.

The penalty of imprisonment of fifteen years to death, or a fine of notless than twenty-five thousand pesos but not more than fifty thousand pesos shallbe imposed upon any person committing such violation under any of the followingcircumstances:

1. Whenever he has fired upon the pilot, member of the crew or pas-senger of the aircraft;

2. Whenever he has exploded or attempted to explode any bomb orexplosive to destroy the aircraft; or

3. Whenever the crime is accompanied by murder, homicide, seriousphysical injuries or rape.


316

Section 3. It shall be unlawful for any person, natural or juridical, to ship, load orcarry in any passenger aircraft operating as a public utility within the Philippines,any explosive, flammable, corrosive or poisonous substance or material.

Section 4. The shipping, loading or carrying of any substance or materialmentioned in the preceding section in any cargo aircraft operating as a publicutility within the Philippines shall be in accordance with regulations issued by theCivil Aeronautics Administration.78

Section 5. As used in this Act -

(1) "Explosive" shall mean any substance, either solid or liquid, mix-ture or single compound, which by chemical reaction liberates heat andgas at high speed and causes tremendous pressure resulting in explosion.The term shall include but not limited to dynamites, firecrackers,blasting caps, black powders, bursters, percussions, cartridges and otherexplosive materials, except bullets for firearm.

(2) "Flammable" is any substance or material that is highly combustibleand self-igniting by chemical reaction and shall include but not limitedto acrolein, allene, aluminum, dyethyl monochloride, and otheraluminum compounds, ammonium chlorate and other ammoniummixtures and other similar substances or materials.

(3) "Corrosive" is any substance or material, either liquid, solid orgaseous, which through chemical reaction wears away, impairs orconsumes any object. It shall include but not limited to alkaline batteryfluid packed with empty storage battery, allyl chloroformate,allytrichlorosilane, ammonium dinitro-orthocresolate and other similarmaterials and substances.

(4) "Poisonous" is any substance or materials, except medicinal drug,either liquid, solid or gaseous, which through chemical reaction kills,injures or impairs a living organism or person, and shall include but notlimited to allyl isothiocyanate, ammunition (chemical, non-explosive butcontaining Class A, B or poison), aniline oil, arsine, bromobenzylecyanide, bromoacetone and other similar substances or materials.

Section 6. Any violation of section three hereof shall be punishable by animprisonment of at least five years but not more than ten years or by a fine of notless than ten thousand pesos but not more than twenty thousand pesos: Provided,That if the violation is committed by a juridical person, the penalty shall beimposed upon the manager, representative, director, agent or employee whoviolated, or caused, directed, cooperated or participated in the violation thereof:Provided, further, That in case the violation is committed in the interest of aforeign corporation legally doing business in the Philippines, the penalty shall be

79 Now Bureau of Air Transportation.

imposed upon its resident agent, manager, representative or director responsiblefor such violation and in addition thereto, the license of said corporation to dobusiness in the Philippines shall be revoked.

Any violation of Section four hereof shall be an offence punishable with theminimum of the penalty provided in the next preceding paragraph.

Section 7. For any death or injury to persons or damage to property resulting froma violation of Sections three and four hereof, the person responsible therefore maybe held liable in accordance with the applicable provisions of the Revised PenalCode.

Section 8. Aircraft companies which operate as public utilities or operators ofaircraft which are for hire are authorized to open and investigate suspiciouspackages and cargoes in the presence of the owner or shipper, or his authorizedrepresentatives if present; in order to help the authorities in the enforcement of theprovisions of this Act: Provided, That if the owner, shipper or his representativerefuses to have the same opened and inspected, the airline or air carrier isauthorized to refuse the loading thereof.

Section 9. Every ticket issued to a passenger by the airline or air carrier concernedshall contain among others the following condition printed thereon: "Holder hereofand his hand-carried luggage(s) are subject to search for, and seizure of, prohibitedmaterials or substances. Holder refusing to be searched shall not be allowed toboard the aircraft," which shall constitute a part of the contract between thepassenger and the air carrier.

Scciion 10. The Civil Aeronautics Administration is hereby directed to promulgatewithin one month after the approval of this Act such regulations as are provided inSection four hereof and cause the publication of such rules and regulations in theOfficial Gazette and in a newspaper of national circulation for at least once a weekfor three consecutive weeks. Such regulations shall take effect fifteen days afterpublication in the Official Gazette.

Section I. This Act shall take effect after the publication mentioned in thepreceding section.

79

Approved, June 19, 1971.

2. PRESIDENTIAL DECREE No. 532: ANTI-PIRACY ANDANTI-HIGHWAY ROBBERY LAW OF 1974

Section 1. Title. This Decree shall be known as the Anti-Piracy and Anti-HighwayRobbery Law of 1974.

79 The regulation was published on 4 October, 1971 issue of the Official Gazette.

318

Section 2. Definition of Terms. The following shall mean and be understood, asfollows:

a. "Philippine Waters": It shall refer to all bodies of water, such asbut not limited to seas, gulfs, bays around, between and connecting eachof the Islands of the Philippine Archipelago, irrespective of its depth,breadth, length or dimension, and all other waters belonging to thePhilippines by historic or legal title, including territorial sea, the sea-bed,the insular shelves, and other submarine areas over which the Philippineshas sovereignty or jurisdiction.

b. "Vessel": Any vessel or watercraft used for transport of passengersand cargo from one place to another through Philippine waters. It shallinclude all kinds and types of vessels or boats used in fishing.

c. "Philippine Highway": It shall refer to any road, street, passage,highway and bridges or other parts thereof, or railway or railroad withinthe Philippines used by persons, or vehicles, or locomotives or trains forthe movement or circulation of persons or transportation of goods,articles, or property or both.

d. "Piracy": Any attack upon or seizure of any vessel, or the takingaway of the whole or part thereof or its cargo, equipment, or the personalbelongings of its complement or passengers, irrespective of the valuethereof, by means of violence against or intimidation of persons or forceupon things, committed by any person, including a passenger or memberof the complement of said vessel, in Philippine waters, shall beconsidered as piracy. The offenders shall be considered as pirates andpunished as hereinafter provided.

e. "Highway Robbery/Brigandage": The seizure of any person forransom, extortion or other unlawful purposes, or the taking away of theproperty of another by means of violence against or intimidation ofpersons or force upon things or other unlawful means, committed by anyperson on any Philippine Highway.

Section 3. Penalties. Any person who commits piracy or highwayrobbery/brigandage as herein defined, shall, upon conviction by competent courtbe punished by:

a. Piracy. The penalty of reclusion temporal in its medium andmaximum periods shall be imposed. If physical injuries or other crimesare committed as a result or on the occasion thereof, the penalty ofreclusion perpetua shall be imposed. If rape, murder or homicide iscommitted as a result or on the occasion of piracy, or when the offendersabandoned the victims without means of saving themselves, or when theseizure is accompanied by firing upon or boarding a vessel, themandatory penalty of death shall be imposed.

b. Highway Robbery/Brigandage. The penalty of reclusion temporalin its minimum period shall be imposed. If physical injuries or othercrimes are committed during or on the occasion of the commission of therobbery or brigandage, the penalty of reclusion temporal in its mediumand maximum periods shall be imposed. If kidnapping for ransom orextortion, or murder or homicide, or rape is committed as a result or onthe occasion thereof, the penalty of death shall be imposed.

Section 4. Aiding pirates or highway robbers/brigands or abetting piracy orhighway robbery/brigandage. Any person who knowingly and in any manner aidsor protects pirates or highway robbers/brigands, such as giving them informationabout the movement of police or other peace officers of the government, oracquires or receives property taken by such pirates or brigands or in any mannerderives any benefit therefrom; or any person who directly or indirectly abets thecommission of piracy or highway robbery or brigandage, shall be considered as anaccomplice of the principal offenders and be punished in accordance with the rulesprescribed by the Revised Penal Code.

It shall be presumed that any person who does any of the acts providedin this Section has performed them knowingly, unless the contrary is proven.

Section 5. Repealing Clause. Pertinent portions of Act No. 3815, otherwiseknown as the Revised Penal Code; and all laws, decrees, or orders or instructions,or parts thereof, insofar as they are inconsistent with this Decree are herebyrepealed or modified accordingly.

Section 6. Effectivity. This Decree shall take effect upon approval.

Done in the City of Manila this 8th day of August, in the year of Our Lord,nineteen hundred and seventy-four.

3. REVISED PENAL CODE °

Article 122. Piracy in general and mutiny on the high seas or in Philippine waters.The penalty of reclusion perpetua shall be inflicted upon any person who, on thehigh seas, or in Philippine waters, shall attack or seize a vessel or not being amember of its complement nor a passenger, shall seize the whole or part of thecargo of the said vessel, its equipment, or personal belongings of its complementor passengers.

80 Under Philippine law, terrorist acts are punished as common felonies (e.g. murder,

kidnapping). In determining sentences, however, the terroristic circumstances of the crimewhich qualify as aggravating circumstances may be taken into account to apply higherpenalties. The Philippines is studying several drafts of proposed legislation on internationalterrorism.

The same penalty shall be inflicted in case of mutiny on the high seas or inPhilippines waters.

Article 123. Qualified Piracy. The penalty of reclusion perpetua to death shall beimposed upon those who commit any of the crimes referred to in the precedingarticle, under any of the following circumstances:

I. Whenever they have seized a vessel by boarding or firing upon thesame;

2. Whenever the pirates have abandoned their victims without meansof saving themselves;

3. Whenever the crime is accompanied by murder, homicide, physicalinjuries or rape.

Article 248. Murder. Any person who, not falling within the provisions of Article246 shall kill another, shall be guilty of murder and shall be punished by reclusionperpetua, to death if committed with any of the following attendant circumstances:

I. With treachery, taking advantage of superior strength, with the aidof armed men, or employing means to weaken the defence or of meansor persons to insure or afford impunity.

2. In consideration of price, reward or promise.

3. By means of inundation, fire, poison, explosion, shipwreck,stranding of a vessel, derailment or assaults upon a railroad, fall of anairship, or by means of motor-vehicles, or with the use of any othermeans involving great waste and ruin.

4. On occasion of any of the calamities enumerated in the precedingparagraph, or of an earthquake, eruption of a volcano, destructivecyclone, epidemic or other public calamity.

Article 249. Homicide. Any person who, not falling within the provisions ofArticle 246, shall kill another without the attendance of any of the circumstancesenumerated in the next preceding article, shall be deemed guilty of homicide andbe punished by reclusion temporal.

Article 262. Mutilation. The penalty of reclusion temporal to reclusion perpetuashall be imposed upon any person who shall intentionally mutilate another bydepriving him, either totally or partially, of some essential organ of production.

Any other intentional mutilation shall be punished by prision mayor, inits medium and maximum periods.

Article 263. Serious physical injury. Any person who shall wound, beat, or assaultanother, shall be guilty of the crime of serious physical injuries and shall suffer:

1. The penalty of prision mayor, if in consequence of the physicalinjuries inflicted, the injured person shall become insane, imbecile,impotent, or blind;

2. The penalty of prision correccional in its medium and maximumperiods, if in consequence of the physical injuries inflicted, the personinjured shall have lost the use of speech or the power to hear or to smell,or shall have lost an eye, a hand, a foot, an arm or a leg or shall have lostthe use of any such member, or shall have become incapacitated for thework in which he was therefore habitually engaged;

3. The penalty of prision correccional in its minimum and mediumperiods, if in consequence of the physical injuries inflicted, the personinjured shall have become deformed, or shall have lost any other part ofhis body, or shall have lost the use thereof, or shall have been ill orincapacitated for the performance of the work in which he was habituallyengaged for a period of more than ninety days;

4. The penalty of arresto mayor in its maximum period to prisioncorreccional in its minimum period, if the physical injuries inflictedshall have caused the illness or incapacity for labour of the injuredperson for more than thirty days.

If the offence shall have been committed against any of the personsenumerated in Article 246, or with attendance of any of the circumstancesmentioned in Article 248, the case covered by subdivision number 1 of this articleshall be punished by reclusion temporal in its medium and maximum periods; thecase covered by subdivision number 2 by prision correccional in its maximumperiod to prision mayor in its minimum period; the case covered by subdivisionnumber 3 by prision correccional in its medium, and maximum periods; and thecase covered by subdivision number 4 by prision correccional in its minimum andmedium periods.

The provisions of the preceding paragraph shall not be applicable to aparent who shall inflict physical injuries upon his child by excessive chastisement.

Article 264. Administering injurious substances or beverages. The penaltiesestablished by the next preceding article shall be applicable in the respective case

to any person who, without intent to kill, shall inflict upon another any seriousphysical injury, by knowingly administering to him any injurious substances orbeverages or by taking advantage of his weakness of mind or credulity.

Article 265. Less serious physical injury. Any person who shall inflict uponanother injuries not described in the preceding articles, but which shall incapacitatethe offended party for the labour for ten days or more, or shall require medical

attendance for the same period, shall be guilty of less serious physical injuries andshall suffer the penalty of arresto mayor.

Whenever less serious physical injuries shall have been inflicted with the

manifest intent to insult, or offend the injured person, under circumstances addingignominy to the offence, in addition to the penalty of arresto mayor, a fine notexceeding 500 pesos shall be imposed.

Any less serious physical injuries inflicted upon the offender's parents,ascendants, guardians, curators, teachers, or persons of rank or persons in

authority, shall be punished by prision correccional in its minimum and mediumperiods, provided that in the case of persons in authority, the deed does notconstitute the crime of assault upon such person.

Article 266. Slight physical injuries and maltreatment. The crime of slightphysical injuries shall be punished:

I. By arresto menor when the offender has inflicted physical injurieswhich shall incapacitate the offended party for labor from, one to ninedays, or shall require medical attendance during the same period.

2. By arresto menor or a fine not exceeding 20 pesos and censurewhen the offender has caused physical injuries which do not prevent theoffended party from engaging in his habitual work nor require medicalattendance.

3. By arresto menor in its minimum period or a fine not exceeding 50pesos when the offender shall ill-treat another by deed without causinginjury.

Article 267. Kidnapping and serious illegal detention. Any private individual whoshall kidnap or detain another, or in any other manner deprive him of his liberty,shall suffer the penalty of reclusion perpetua to death:

I. If the kidnapping or detention shall have lasted more than threedays.

2. If it shall have been committed simulating public authority.

3. If any serious physical injuries shall have been inflicted upon theperson kidnapped or detained; or if threats to kill him shall have beenmade.

4. If the person kidnapped or detained shall be a minor, except when

the accused is any of the parents, female or a public officer.

The penalty shall be death where the kidnapping or detention was

committed for the purpose of extorting ransom from the victim or any other

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person, even if none of the circumstances above-mentioned were present in thecommission of the offence.

When the victim is killed or dies as a consequence of the detention or israped, or is subjected to torture, or dehumanizing acts, the maximum penalty shallbe imposed.

If the offender shall voluntarily release the person so kidnapped ordetained within three days from the commencement of the detention, withouthaving attained the purpose intended, and before the institution of criminalproceedings against him, the penalty shall be prision mayor in its minimum andmedium periods and a fine not exceeding seven hundred pesos.

Article 293. Who are guilty of robbery. Any person who, with intent to gain, shalltake any personal property belonging to another, by means of violence against orintimidation of any person, or using force upon anything shall be guilty of robbery.

Article 294. Robbery with violence against or intimidation of persons. Penalties.Any person guilty of robbery with the use of violence against or intimidation ofany person shall suffer.

1. The penalty of reclusion perpetua to death, when by reason or onoccasion of the robbery, the crime of homicide shall have beencommitted, or when the robbery shall have been accompanied by rape orintentional mutilation or arson.

2. The penalty of reclusion temporal in its medium period to reclusionperpetua, when or if by reason or on occasion of such robbery, any ofthe physical injuries penalized in subdivision 1 of Article 263 shall havebeen inflicted.

3. The penalty of reclusion temporal, when by reason or on occasionof the robbery, any of the physical injuries penalized in subdivision 2 ofthe article mentioned in the next preceding paragraph, shall have beeninflicted.

4. The penalty of prision mayor in its maximum period to reclusiontemporal in its medium period, if the violence or intimidation employedin the commission of the robbery shall have been carried to a degreeclearly unnecessary for the commission of the crime, or when in thecourse of its execution, the offender shall have inflicted upon any personnot responsible for its commission any of the physical injuries coveredby subdivisions 3 and 4 of said Article 263.

5. The penalty of prision correccional in its maximum period toprision mayor in its medium period in other cases.

Article 295. Robbery with physical injuries, committed in an uninhabited place

and by a band, or with the use of firearm on the street, road or alley. If theoffences mentioned in subdivisions three, four and five of the next precedingarticle shall have been committed in an uninhabited place or by a band, or byattacking a moving train, street car, motor vehicle or airship, or by entering thepassenger's compartments in a train or, in any manner, taking the passengersthereof by surprise in the respective conveyances, or on a street, road, highway, oralley, and the intimidation is made with the use of firearm, the offender shall bepunished by the maximum period of the proper penalties.

In the same cases, the penalty next higher in degree shall be imposedupon the leader of the band.

Article 296. Definition of a band and penalty incurred by the members thereof.When more than three armed malefactors take part in the commission of a robbery,it shall be deemed to have been committed by a band. When any of the arms usedin the commission of the offence be an unlicensed firearm, the penalty to beimposed upon all the malefactors shall be the maximum of the correspondingpenalty provided by law, without prejudice to the criminal liability for illegalpossession of such unlicensed firearms.

Any member of a band who is present at the commission of a robbery bythe band, shall be punished as principal of any of the assaults committed by theband; unless it is shown that he attempted to prevent the same.

Article 297. Attempted and frustrated robbery, committed under certaincircumstances. When by reason or on occasion of an attempted or frustratedrobbery a homicide is committed, the person guilty of such, offences shall bepunished by reclusion temporal in its maximum period to reclusion perpetua,unless the homicide committed shall deserve a higher penalty under the provisionsof this Code.

Article 298. Execution of deeds by means of violence or intimidation. Any personwho, with intend to defraud another, by means of violence or intimidation, shallcompel him to sign, execute or deliver any public instrument or documents, shallbe held guilty of robbery and punished by the penalties respectively prescribed inthis Chapter.

Article 299. Robbery in an inhabited house or public building or edifice devoted toworship. Any armed person who shall commit robbery in an inhabited house orpublic building or edifice devoted to religious worship, shall be punished byreclusion temporal if the value of the property taken shall exceed 250 pesos, andif:

(a) The malefactors shall enter the house or building in which the

robbery was committed, by any of the following means:

1. Through an opening not intended for entrance or egress.

2. By breaking any wall, roof or floor or breaking any door

or window.

3. By using false keys picklocks or similar tools.

4. By using any fictitious name or pretending the exercise ofpublic authority.

Or if:

(b) The robbery be committed under any of the following

circumstances:

1. By the breaking of doors wardrobes, chests, or any otherkind of locked or sealed furniture or receptacle;

2. By taking such furniture or objects to be broken or forcedopen outside the place of the robbery.

When the offenders do not carry arms and the value of the propertytaken exceeds 250 pesos, the penalty next lower in degree shall be imposed.

The same rule shall be applied when the offenders are armed, but thevalue of the property taken does not exceed 250 pesos.

When said offenders do not carry arms and the value of the propertytaken does not exceed 250 pesos, they shall suffer the penalty prescribed in the twonext preceding paragraphs, in its minimum period.

If the robbery be committed in one of the dependencies of an inhabitedhouse, public building, or building dedicated to religious worship, the penaltiesnext lower in degree than those prescribed in this article shall be imposed.

Article 300. Robbery in an uninhabited place and by a band. The robberymentioned in the next preceding article, if committed in an uninhabited place andby a band, shall he punished by the maximum period of the penalty providedtherefore.

Article 301. What is an inhabited house, public building or building dedicated toreligious worship and their dependencies. Inhabited house means any shelter, shipor vessel constituting the dwelling of one or more persons, even though theinhabitants thereof shall temporarily be absent there from when the robbery iscommitted.

All interior courts, corrals, warehouses, granaries, barns, coach-houses,stables or other departments or enclosed places contiguous to the building oredifice, having an interior entrance connected therewith and which form part of the

326

whole, shall he deemed dependencies of an inhabited house, public building orbuilding dedicated to religious worship.

Orchards and other lands used for cultivation or production are notincluded in the terms of the next preceding paragraph, even if closed, contiguousto the building and having direct connection therewith.

The term "public building" included every building owned by theGovernment or belonging to a private person but used or rented by theGovernment, although temporarily unoccupied by the same.

Article 302. Robbery in an uninhabited place or in a private building. Any robberycommitted in an uninhabited place or in a building other than those, mentioned inthe first paragraph of Article 299, if the value of the property taken exceeds 250pesos, shall be punished by prision correccional if any of the followingcircumstances is present:

I. If the entrance has been effected through any opening not intendedfor entrance or egress.

2. If any wall, roof, floor or outside door or window has been broken.

3. If the entrance has been effected through the use of false keys,picklocks or other similar tools.

4. If any door, wardrobe, chest, or any sealed or closed furniture orreceptacle has been broken.

5. If any closed or sealed receptacle, as mentioned in the precedingparagraph, has been removed even if the same be broken openelsewhere.

When the value of the property taken does not exceed 250 pesos, thepenalty next lower in degree shall be imposed.

In the cases specified in Article 294, 295, 297, 299, 300, and 302 of thisCode, when the property taken is mail matter or large cattle, the offender shallsuffer the penalties next higher in degree, than those provided in said articles.

XXXIII. POLAND 1

1. SUMMARY OF THE RELEVANT PROVISIONS OF THEPENAL CODE82

1. Article 136 of the Penal Code makes it an offence to assault or insult the headof a foreign state or its diplomatic representative, or a person who enjoys similarprotection under acts of law, agreements or universally accepted internationalcustom.

2. Article 163, paragraph 1 of the Penal Code makes it unlawful to cause thedetonation of explosives, explosion of inflammable materials or any other seriousrelease of energy, including nuclear energy, which poses a threat to life or healthof many people or to property of great value.

3. Article 166 of the Penal Code makes it unlawful to take control over a ship oran aircraft.

4. Article 167 of the Penal Code makes it unlawful to place on a ship or anaircraft any device or substance posing a threat to people's safety or to a propertyof great value. Pursuant to this article it is also forbidden to damage, impair orcause navigational equipment to be unusable, or to prevent its use, if this may posea threat to people.

5. Article 170 of the Penal Code applies to terrorist acts committed on the sea,i.e. acts of piracy. Pursuant to this article it is an offence to arm or to adapt in anunlawful way a ship for the purpose of committing robbery on the sea, as well asto do service on such ship.

6. Article 252 of the Penal Code stipulates criminal responsibility for theoffence of taking or holding hostages for the purpose of compelling a state or alocal authority, institution, organization, natural or legal person, or a group ofpeople to act in a certain way.

"Transmitted to the Secretariat by that Government on 26 April 2001.82 Adopted in 1997.

XXXIV. REPUBLIC OF KOREA83

1. SAFETY OF AIRCRAFT OPERATION ACT 4

Article I (Purpose)

The purpose of this Act is to prevent any conduct that will, as in thehijacking of an aircraft in operation, threaten the safety of aircraft as well as itspassengers and crew and will endanger or is likely to endanger any property andequipment on board an aircraft, and to prevent any such act as will compromise in-flight order and regulations.

Article 2 (Definitions)

For the purpose of this Act,

1. "Aircraft hijacking" means seizure of aircraft in operation or coercion ofaircraft operation, whether by acts of violence, by threat or by other means.

2. "In operation" starts from the moment when all external doors of an aircraftare closed following embarkation and lasts until the moment when any such dooris opened for disembarkation.

Article 3 (Scope ofApplication)

This Act shall apply to any crime stipulated under Article I of theConvention on Offences and Certain Other Acts Committed on Board Aircraft.

Article 4 (Prohibitions)

No one shall carry and get on board an aircraft with, or embark on boardany weapons, swords, explosives, toxic or highly inflammable substances.

Article 5 (Power of the Pilot-in-Command)

(I) The aircraft commander shall be empowered to take necessary measures todeter a person intending or attempting to commit an act which will jeopardize thesafety of aircraft, endanger human life and property, and break in-flight order orviolate in-flight regulations.

(2) Any person on board an aircraft shall, when requested by the aircraftcommander, cooperate with regard to the measures as referred to in the previousparagraph.

83 Transmitted to the Secretariat by that Government on 20 August 1997.8 Act No. 2742, Dec. 26, 1974

(3) The aircraft commander shall not, when he has landed his aircraft following

the arrest of a criminal or criminals responsible for such an act as stipulated inparagraph (1), take off with the arrested criminal or criminals still on board, savein the case of the latter's consent to continued embarkation or in the presence ofgrounds for rendering his disembarkation impossible.

Article 6 (Delivery and Taking Over of Criminals)

(1) When the aircraft commander delivers a criminal or criminals who committeda crime on board an aircraft in operation, he shall deliver him or them in person orthrough relevant public officials concerned, to police officers.

(2) When the aircraft commander who has taken over a criminal or criminals isunable to continue his arrest within the aircraft, he shall deliver him or them, torelevant public officials concerned without delay.

Article 7 (Preliminary Investigation)

(1) When a criminal or criminals have been handed over pursuant to theprovision of Article 6, paragraph (1), the following steps may be taken.

1. Investigation of crime and demand for production of evidence.

2. Demand for witnesses to the criminal and for production ofevidence.

(2) The preliminary investigation stipulated in paragraph (1) shall not undulydelay the operation of the aircraft involved.

Article 8 (Crime ofAircraft Hijacking)

(1) Any person who, by acts of violence, by threat or by other means, hijacks anaircraft in operation, shall be punished by penal servitude for life or for not lessthan seven years.

(2) Any attempts to commit the crime stipulated under paragraph (1) shall bepunishable.

Article 9 (Personal Injury or Death Caused by Hijacking)

Any person who commits the crime stipulated under Article 8 andcauses personal injury or death, shall be punished by a capital sentence or by penalservitude for life.

Article 10 (Preparation and Conspiracy ofAircraft Hijacking)

Any person who prepares or plots with intent to commit the crimestipulated under Article 8, shall be punished by penal servitude for not more than

five years. However, the punishment shall be mitigated or remitted in respect ofanyone who has surrendered himself prior to the commencement of the purportedcrime.

Article 11 (Crime of Interfering with Aircraft Operation)

Any person who resorts to fraudulent means or exercises coercion toforce a change in the projected route of an aircraft and as a result interferes withthe normal operation of the aircraft, shall be punished by penal servitude for notless than one but not more than ten years.

Article 12 (Crime of Embarking Hazardous Articles on Board)

Any person who embarks on board an aircraft or makes someone elsecarry on board any thing or substance prohibited by the provision of Article 4,shall be punished by penal servitude for not less than two but not more than fiveyears.

ADDENDUM

This Act shall enter into force as from the date of its promulgation.

2. CRIMINAL CODE

Article 2 (Domestic Crimes)

This Code shall apply both to Korean nationals and aliens who commit

crimes within the territory of the Republic of Korea.

Article 3 (Crimes by Koreans outside Korea)

This Code shall apply to all Korean nationals who commit crimesoutside the territory of the Republic of Korea.

Article 4 (Crimes by Aliens on Board a Korean Vessel outside of Korea)

This Code shall apply to aliens who commit crimes on board a Koreanvessel or aircraft outside the territory of the Republic of Korea.

Article 119 (Use of Explosives)

(1) Anyone who injures a person, damages property, or disturbs public peace by

using explosives shall be punished by death, penal servitude for life or for a periodof not less than seven years.

(2) A person who commits the crimes of the preceding paragraph in time of war,natural disaster, or other warlike conditions shall be punished by death or penalservitude for life.

(3) Attempts to commit crimes of the preceding two Paragraphs shall be

punished.

Article 120 (Preparations, Conspiracies and Instigation)

(1) A person who conspires or prepares with intent to commit the crimes ofparagraphs (1) and (2) of the preceding Article, shall be punished by penalservitude for a period of not less than two years, but if he denounces himselfbefore committing such crimes, the punishment shall be mitigated or remitted.

(2) The preceding paragraph shall also apply to a person who induces another tocommit the crimes of paragraphs (1) and (2) of the preceding Article.

3. ATOMIC ENERGY ACT

Wholly Amended by Law No. 3549, Apr. 1, 1982Amended by Law No. 3850, May 12, 1986Law No. 4541, Mar. 6, 1993Law No. 4940, Jan. 5, 1995

CHAPTER I GENERAL PROVISIONS

Article I (Purpose)

The purpose of this Act is to contribute to the improvement of the

citizens' living standard and the enlargement of the social welfare and to strive forthe prevention of disaster resulting from radiation and the safety of the public, byproviding for the matters concerning research, development, production and

utilization of atomic energy (hereinafter referred to as "atomic energy utilization")and concerning safety control thereof, and thereby promoting the advancement ofscience and development of the industry.

Article 2 (Definition)

For the purpose of this Act, <Amended by Law No. 3850, May 12,1986>

1. the term "atomic energy" means all forms of energy released in the course ofnuclear fission or nuclear transformation;

2. the term "nuclear materials" means nuclear fuel materials and nuclear sourcematerials;

3. the term "nuclear fuel materials" means materials capable of producingatomic energy, such as uranium, thorium, etc., as specified by the PresidentialDecree;

4. the term "nuclear source materials" means materials which are raw materialsfor nuclear fuel materials, such as uranium ore, thorium ore, etc., as specified bythe Presidential Decree;

5. the term "radioactive materials" means nuclear fuel materials, spent nuclearfuel, radioisotopes and nuclear fission products;

6. the term "radioisotopes" means isotopes and their compounds which emitradiation, as specified by the Presidential Decree;

7. the term "radiation" means electromagnetic waves or particle beams whichare capable of direct or indirect ionization of air, as specified by the PresidentialDecree;

8. the term "nuclear reactors" means the apparatus in which nuclear fuelmaterials are used as fuel, excluding those specified by the Presidential Decree;

9. the term "radiation generating devices" means the equipment which generatesradiation by means of accelerating charged particles, as specified by thePresidential Decree;

10. the term "related facilities" means such facilities as specified by thePresidential Decree concerning the safety of nuclear reactors;

11. the term "refining" means physical or chemical processing of nuclear sourcematerials in order to increase the content of uranium or thorium contained innuclear source materials;

12. the term "conversion" means chemical processing of nuclear fuel materials inorder to change nuclear fuel material into such a form that they become suitablefor fabrication;

13. the term "fabrication" means physical or chemical processing of nuclear fuelmaterials in order to change nuclear fuel materials into such a form that they maybe used as fuel in a reactor;

14. the term "spent nuclear fuel processing" means processing of nuclear fuelmaterials which have been used as fuel in a reactor or other nuclear fuel materialswhich have been subject to nuclear fission reaction for the purpose of research andexperiment, or it means separation of nuclear fuel materials and other materialsfrom spent nuclear fuel by physical or chemical process;

15. the term "nuclear fuel cycle enterprise" means the enterprise related torefining, conversion, fabrication or spent nuclear fuel processing;

16. the term "radiation area" means the area in which the degree of surfacecontamination of substances by external radiation dose, concentration ofradioisotopes in the air or water, or radioisotopes that might exceed the permissibleradiation dose, the permissible concentration or the permissible contamination asspecified by the Ordinance of the Prime Minister;

17. the term "internationally controlled materials" means materials which aresubject to a security measure according to a treaty relating to research,development and utilization of the atomic energy and other internationalundertaking (hereinafter referred to as "international undertaking") and which aredetermined by the Ordinance of the Prime Minister; and

18. the term "radioactive waste" means a radioactive substance or materialscontaminated thereby which is subject to waste (including spent nuclear fuel).

CHAPTER II ATOMIC ENERGY COMMISSION

Article 3 (Atomic Energy Commission)

In order to deliberate and decide on important matters concerning atomicenergy utilization and safety, the Atomic Energy Commission (hereinafter referredto as "Commission") shall be established under the jurisdiction of the PrimeMinister. <Amended by Law No. 3850, May 12, 1986>

Article 4 (Function of Commission)

The Commission shall deliberate and decide on the following matters:<Amended by Law No. 3850, May 12, 1986; Law No. 4940, Jan. 5, 1995>

I. Matters concerning the establishment and policy of the general atomic energypromotion program for utilization and safety control of the atomic energy;

2. Consolidation and coordination for utilization and safety control of the atomicenergy;

Article 112 (Fee)

Any person who desires to apply for a permission, designation,approval, license or inspection under this Act, shall pay the fees as determined bythe Ordinance of the Prime Minister. However, the Minister of Science andTechnology may exempt the payment of fees for the State, local government orevery kind of school specified by the Education Act or the agency to which theGovernment pays the contribution under this Act or other law, and which isprescribed by the Presidential Decree.

Article 113 (Enforcement Decree)

Matters necessary for the enforcement of this Act shall be determined bythe Presidential Decree.

CHAPTER XIII PENAL PROVISIONS

Article 114 (Penal Provisions)

(I) Any person who has destroyed a reactor and thereby damaged human life,body or property, or disturbed the public security, shall be punished by death,imprisonment for life or for not less than three years.

(2) Any person who has committed a crime as referred to in paragraph (1) incases of war, natural disaster, or the state of emergency equivalent to those shall bepunished by death or imprisonment for life.

(3) An attempted criminal act of the crimes as referred to in paragraphs (1) and(2) shall be punished.

(4) Any person who has prepared, conspired or agitated with intent to commit thecrimes as referred to in paragraph (1) or (2) shall be punished by a definite term ofnot less than three years.

Article 115 (Penal Provisions)

(1) Any person who improperly manipulated radioactive materials, etc., reactorand related facilities, nuclear fuel cycle facilities or radiation generating devicesand thereby caused danger to human life or body, shall be punished byimprisonment with or without hard labor for not less than one year but not morethan ten years.

(2) Any person who has caused another's death by committing a crime as referredto in paragraph (1), shall be punished by imprisonment for a definite term of notless than three years.

XXXV. RUSSIAN FEDERATION8 5

1. DECREE NO. 338 OF 7 MARCH 1996 OF THE PRESIDENT OF

THE RUSSIAN FEDERATION ON MEASURES TO INTENSIFY THESUPPRESSION OF TERRORISM

For purposes of increasing the effectiveness of the activity of the federalexecutive authorities in the suppression of terrorism, and of mobilizing thenecessary forces and resources for this purpose, and in accordance with article 80of the Constitution of the Russian Federation, I hereby resolve:

1. That the Central State Legal Department of the President of the RussianFederation, the Ministry of Justice of the Russian Federation, the Federal SecurityService of the Russian Federation and the Ministry of Internal Affairs of theRussian Federation, with the participation of the Office of the Procurator Generalof the Russian Federation, shall within two months prepare and submit to thePresident of the Russian Federation a draft, agreed with the federal executiveauthorities concerned, of a federal act on the introduction of amendments andadditions to the Criminal Code of the RSFSR and the Criminal Procedural Code ofthe RSFSR, regulating issues relating to the suppression of terrorism, forsubmission to the State Duma of the Federal Assembly of the Russian Federation;

2. That the Government of the Russian Federation shall:

Within one month add to the draft federal programme for intensifyingthe suppression of crime for 1996-1997 provisions relating to measures forintensifying the suppression of terrorism;

Determine the procedure for cooperation between the federal executiveauthorities and the executive authorities of component parts of the RussianFederation in the event of the threat or commission of acts of terrorism, andestablish the terms for the emergency provision of communications links atreduced rates, the assignment of vehicles for the emergency carriage of personsand freight, and the transportation of the victims;

Submit a proposal for the establishment of a coordinating body toorganize cooperation between the federal executive authorities in the conduct ofanti-terrorist activity and in halting acts of terrorism;

Establish additional social security measures for persons assigned toperform special duties in the conduct of measures for the suppression of terrorism;

85 Transmitted to the Secretariat by that Government on I May 1998, 9 July 1999 and 5September 2000.

Organize in 1996 the conduct of comprehensive inspections ofenterprises manufacturing firearms, munitions and explosives, and also of thelocations where they are stored and used, including State paramilitaryorganizations;

Establish a procedure for the work of employees of the mass media inlocations where operations to halt acts of terrorism are being conducted, based onthe need to protect the lives, health and property of journalists carrying on theirprofessional activities;

Draw up within two months a set of information and educationalmeasures designed to ensure the suppression of terrorism and instruct thepopulation in resisting terrorists;

Take measures to improve the system for emergency medical care ofvictims of terrorist acts, and to strengthen the health and epidemiologicalinspection system in regions where operations to halt acts of terrorism are beingconducted;

Supply the Federal Security Service of the Russian Federation and theMinistry of Internal Affairs of the Russian Federation in 1996 with modemarmaments and military and special equipment for conducting anti-terroristoperations;

3. That the Federal Security Service of the Russian Federation, the Ministry ofInternal Affairs of the Russian Federation, the Federal Border Service of theRussian Federation and the State Customs Committee of the Russian Federationshall constantly conduct coordinated measures to detect and cut the channels forthe financing of and delivery of arms to unlawful armed formations and othercriminal groups, and also to strengthen protection of the State border of theRussian Federation;

4. That the Federal Security Service of the Russian Federation shall in thecourse of 1996 establish a computerized federal system for the compilation of dataon terrorist acts and persons taking part in them;

5. To recommend to the Procurator-General of the Russian Federation that heshould:

(a) Strengthen supervision of compliance with the legislation of theRussian Federation in the mass media coverage of events associated withterrorism;

(b) Review at the coordination meetings of heads of law enforcementagencies the issue of intensifying the suppression of terrorism;

6. That the Federal Security Service of the Russian Federation and the Ministryof Internal Affairs of the Russian Federation, with the participation of the Ministry

of Defence of the Russian Federation, shall organize in 1996 special training forthe units involved in the suppression of terrorism, and retraining of experts indemining of facilities and terrain and of psychologists specializing in conductingnegotiations with terrorists;

7. That the Ministry of Defence of the Russian Federation, the Ministry ofInternal Affairs of the Russian Federation and the Federal Security Service of theRussian Federation shall within one month define more precisely the areas ofresponsibility and the procedure for cooperation for purposes of defending.protected facilities and communications against acts of terrorism;

8. That the Foreign Intelligence Service of the Russian Federation shall developand implement measures for exposing the international links of unlawful armedformations operating in the territory of the Russian Federation and eliminate theforeign channels for financing them and delivering arms for terrorists;

9. That the Ministry of Foreign Affairs of the Russian Federation shall submit,following the established procedure, proposals for the accession of the RussianFederation to international conventions in the field of suppression of terrorism towhich it is not a party, and shall also hold consultations with foreign States on thedrafting and conclusion of an international covenant on the suppression ofterrorism;

10. To draw the attention of the heads of the mass media to the fact that incovering events related to terrorism they should be guided by the requirements ofthe legislation of the Russian Federation and the norms and principles ofinternational law that preclude all forms of justification of terrorism and violence,and the dissemination of information that jeopardizes the lives of citizens, and alsoof military personnel and employees of law enforcement organizations taking partin the halting of terrorist acts;

11. To recommend to the executive authorities of the component parts of theRussian Federation that they implement, taking into account the political, social,economic and crime situation in the regions, additional measures aimed atcountering possible acts of terrorism.

2. RESOLUTION NO. 45 OF 16 JANUARY 1997 OF THE

GOVERNMENT OF THE RUSSIAN FEDERATION ON THEESTABLISHMENT OF THE INTERDEPARTMENTAL ANTI-

TERRORIST COMMISSION OF THE RUSSIAN FEDERATION[superceded by Resolution No. 1302 below]

In order to ensure coordination of the activity of federal executiveauthorities in suppressing terrorism, and to increase the effectiveness of theconduct of special operations to prevent and halt terrorist activity, the Governmentof the Russian Federation resolves:

I. To establish the Interdepartmental Anti-Terrorist Commission of the RussianFederation.

2. To approve the attached Statute of the Interdepartmental Anti-TerroristCommission of the Russian Federation and its membership.

3. To recommend to the heads of the executive authorities of component parts ofthe Russian Federation that they establish interdepartmental anti-terroristcommissions.

STATUTE OF THE INTERDEPARTMENTAL ANTI-TERRORISTCOMMISSION OF THE RUSSIAN FEDERATION APPROVED BY

RESOLUTION NO. 45 OF THE GOVERNMENT OF THE RUSSIANFEDERATION OF 16 JANUARY 1997

1. The Interdepartmental Anti-Terrorist Commission of the Russian Federation(hereinafter referred to as the "Commission") shall be the coordinating body toensure cooperation between the federal executive authorities in conductinganti-terrorist activity and halting acts of terrorism.

2. In its activity, the Commission shall be guided by the Constitution of theRussian Federation, federal legislation, the decrees and orders of the President ofthe Russian Federation, the resolutions and orders of the Government of theRussian Federation and the present Statute.

The Commission shall exercise its powers in cooperation with thefederal executive authorities, the executive authorities of the component parts ofthe Russian Federation, local authorities, enterprises, institutions andorganizations, and also public associations.

3. The basic functions of the Commission shall be:

(a) To draw up and implement measures for the detection,prevention and halting of terrorist activity;

(b) To submit to the Government of the Russian Federationproposals for the establishment of a system of measures to ensuresecurity and protect the population against terrorism;

(c) To monitor the compliance by the federal authorities with thelegislation of the Russian Federation on the suppression of terrorism;

(d) To coordinate the interaction between the federal executiveauthorities, the executive authorities of the component parts of theRussian Federation and the local authorities in implementingmeasures for the suppression of terrorism;

(e) To coordinate the activity of the federal executive authorities inpreparing draft legislation and other normative legislative instruments onissues falling within its competence;

(f) To prepare proposals on international cooperation by thefederal executive authorities in the area of anti-terrorist activity.

4. The Commission shall have the right:

(a) To take, within the limits of its competence, the requisitedecisions for the organization and improvement of cooperationbetween the federal executive authorities in preventing and haltingacts of terrorism and eliminating their consequences;

(b) To request the federal executive authorities and the executiveauthorities of the component parts of the Russian Federation to providethe information required for the work of the Commission;

(c) To establish working groups to resolve the basic issues relating tothe competence of the Commission, and to determine the procedure orthe work of these groups;

(d) To involve specialists from enterprises, institutions andorganizations in the Russian Federation (with the consent of theirmanagement) in preventing and halting acts of terrorism andeliminating their consequences.

5. The Commission shall conduct its activity in accordance with a work planadopted at a meeting of the Commission and approved by its Chairman.

Meetings of the Commission shall be conducted on the basis of a workplan, but not less than once every quarter, or when the need arises for urgentreview of issues falling within its competence.

Decisions of the Commission shall be regarded as adopted if not lessthan two thirds of the members of the Commission present at the meeting vote infavour of them.

Materials for meetings of the Commission shall be prepared byrepresentatives of the federal executive authorities to whose activities the items onthe agenda relate. The materials shall be submitted to the Commission not lessthan five days before the holding of the meeting.

Records of the meetings of the Commission shall be signed by theofficial presiding at the meeting and shall be brought to the attention ofCommission members.

6. Decisions adopted by the Commission in conformity with its competenceshall be binding on all federal executive authorities, interdepartmental anti-terroristcommissions of component parts of the Russian Federation, and enterprises,institutions and organizations in the Russian Federation, regardless of their form ofownership.

7. Where necessary, representatives of the executive authorities of componentparts of the Russian Federation and of local authorities, and heads of enterprises,institutions and organizations with the forces and the means to prevent, halt andeliminate the consequences of acts of terrorism, may, on the decision of theChairman of the Commission, be invited to participate in Commission meetings.

8. Organizational and technical services for the work of the Commission shallbe provided by the Federal Security Service of the Russian Federation.

The provision of information and analytical services for the work of theCommission shall be the responsibility of the Anti-terrorist Centre of the FederalSecurity Service of the Russian Federation.

9. For the direct management of the forces and resources assigned to the conductof anti-terrorist operations and the elimination of the consequences of terroristactivity, the Commission shall form an operational staff from among its members.The procedure for the activity of the operational staff shall be determined by thestatute on the operational staff approved by the Chairman of the Commission.

The operational staff of the Commission shall be headed by the DeputyChairman of the Commission and head of the Anti-terrorist Centre of the FederalSecurity Service of the Russian Federation.

3. PENAL CODE

CHAPTER 17

CRIMES AGAINST THE FREEDOM, HONOUR AND DIGNITY OF THEINDIVIDUAL

Article 126. Kidnapping

I. Kidnapping shall be punishable by imprisonment for four to eight years.


(a) by a group of persons acting in collusion;

(b) more than once;

(c) using force that endangers life or health;

(d) using weapons or objects used as weapons;

(e) against a known minor;

(f) against a woman known to the perpetrator to be pregnant;

(g) against two or more persons;

(h) for motives of profit;

shall be punishable by imprisonment for five to ten years.

3. The acts specified in paragraphs I and 2 of this article, if they werecommitted by an organized group or, through negligence, entailed the death of thevictim, shall be punishable by imprisonment for 5 to 15 years.

Note: A person who voluntarily releases a kidnap victim shall be absolved ofcriminal responsibility if his acts involved no other corpus delicti.

SECTION IX

CRIMES AGAINST PUBLIC SAFETY AND PUBLIC ORDER

CHAPTER 24

CRIMES AGAINST PUBLIC SAFETY


1. Terrorism, that is to say, causing an explosion or committing arson or otheracts entailing the risk of loss of human life, substantial damage to property or otherconsequences dangerous to society, if these acts are committed for purposes ofdisrupting public safety, terrorizing the population or influencing the adoption ofdecisions by the authorities, and also threatening to commit such acts for the samepurposes, shall be punishable by imprisonment for 5 to 10 years.

2. The same acts, committed:


(b) more than once;

(c) with the use of firearms;

shall be punishable by imprisonment for 8 to 15 years.

3. The acts specified in paragraphs I and 2 of this article, if they werecommitted by an organized group or entailed, through negligence, the death of ahuman being or other serious consequences, shall be punishable by imprisonmentfor 10 to 20 years.

Note: A person who participated in the preparation of an act of terrorism shall beabsolved of criminal responsibility if, by providing timely warning to theauthorities or by other means, he contributed to the prevention of the commissionof the act of terrorism, and if the acts of this person entail no other corpus delicti.

Article 206. Taking of hostages

I. The taking or holding of a person as a hostage committed for the purpose ofcompelling the State, an organization or a citizen to perform some act or to refrainfrom performing some act as a condition for the release of the hostage, shall bepunishable by imprisonment for 5 to 10 years.



(b) more than once;

(c) using force that endangers life or health;


(e) against a known minor;

(f) against a woman known to the perpetrator to be pregnant;

(g) against two or more persons;

(h) for motives of profit or for hire;


3. The acts specified in paragraphs 1 and 2 of this article, if they werecommitted by an organized group or, through negligence, entailed the death of thevictim, shall be punishable by imprisonment for 8 to 20 years.

Note: A person who voluntarily or at the request of the authorities releases ahostage shall be absolved of criminal responsibility if his acts entail no othercorpus delicti.

Article 207. Deliberately false reporting of an act of terrorism

The deliberately false reporting of an imminent explosion, act of arson orother act entailing the risk of loss of human life, substantial damage to property orother consequences dangerous to society shall be punishable by a fine of between200 and 500 times the minimum wage or in the amount of the salary or otherincome of the person convicted for a period of two to five months, or correctionallabour for one to two years, or detention for three to six months, or imprisonmentfor a period of up to three years.

Article 208. Organization of or participation in an illegal arned formation

1. The establishment of an armed formation (association, detachment, militia orother group) not provided for by federal law, and also leadership of such aformation, shall be punishable by imprisonment for two to seven years.

2. Membership in an armed formation not provided for by federal law shall bepunishable by restriction of freedom for up to three years, or by detention incustody for up to six months, or by imprisonment for up to five years.

Note: A person who voluntarily ceases to be a member of an illegal armedformation and hands over his weapon shall be absolved of criminal responsibilityif his acts entail no other corpus delicti.

Article 209. Gangsterism

I. The establishment of a permanent armed group (gang) for purposes ofattacking citizens or organizations, and also leadership of such a group (gang),shall be punishable by imprisonment for 10 to 15 years, with or withoutconfiscation of property.

2. Membership in a permanent armed group (gang) or participation in attackscarried out by it shall be punishable by imprisonment for 8 to 15 years, with orwithout confiscation of property.

3. The acts specified in paragraphs 1 and 2 of this article committed by a personusing his official position shall be punishable by imprisonment for 12 to 20 years,with or without confiscation of property.

Article 210. Organizing a criminal society (criminal organization)

1. The establishment of a criminal society (criminal organization) in order tocommit grave or particularly grave offences, leadership of such a society(organization) or of its structural subdivisions, and also the establishment of anassociation of organizers, leaders or other representatives of organized groups forthe purpose of drawing up plans or creating conditions for committing grave orparticularly grave offences shall be punishable by imprisonment for 7 to 15 years,with or without confiscation of property.

2. Membership in a criminal society (criminal organization) or in an associationof organizers, leaders or other representatives of organized groups shall bepunishable by imprisonment for 3 to 10 years, with or without confiscation ofproperty.

3. The acts specified in paragraphs I and 2 of this article committed by a personusing his official position shall be punishable by imprisonment for 10 to 20 years,with or without confiscation of property.

Article 211. Hijacking of an aircraft, ship or railway rolling stock

1. Hijacking of an aircraft, ship or railway rolling stock, and also the seizurethereof for purposes of hijacking, shall be punishable by imprisonment for four toeight years.

2. The same acts, committed:


(b) more than once;

(c) with the use of violence that endangers life or health, orthreat of the use of such violence;



3. The acts provided for in paragraphs 1 and 2 of this article, if they werecommitted by an organized group or lead, through negligence, to the death of ahuman being or to other serious consequences, shall be punishable byimprisonment for 8 to 15 years.

Article 212. Mass riots

1. The organization of mass riots accompanied by violence, organizedmassacres, acts of arson, the destruction of property, the use of firearms,explosives or explosive devices, and also the offering of armed resistance torepresentatives of the authorities shall be punishable by imprisonment for 4 to 10years.

2. Participation in the mass riots specified in paragraph I of this article shall bepunishable by imprisonment for three to eight years.

3. Calling for active non-compliance with the legitimate demands ofrepresentatives of the authorities and for mass rioting, and also calling for thecommitting of violent acts against citizens shall be punishable by restriction of

345

freedom for a period of up to two years, or detention for two to four months, or

imprisonment for a period of up to three years.

Article 267. Putting means of transport or railways out of commission

1. Destroying, damaging, or otherwise putting out of commission means oftransport, transportation networks, signalling or communications devices or othertransport-related equipment, and also blocking transport-related communications,if these acts result, through negligence, in serious or moderate harm being inflicted

to human health or in major damage, shall be punishable by a fine of between 400and 700 times the minimum wage or in the amount of the salary or other income of

the culprit for a period of from four to seven months, or by imprisonment for up tofour years.

2. The same acts, if they result, through negligence, in the death of a humanbeing, shall be punishable by imprisonment for three to eight years.

3. The acts specified in Part I of this article which result, through negligence, inthe death of two or more persons, shall be punishable by imprisonment for 6 to 10years.

Article 277. Attempts on the life ofa statesman orpublicfigure

An attempt on the life of a statesman or public figure committed forpurposes of ending his State or other political activity or in revenge for suchactivity (a terrorist act) shall be punished by imprisonment for 12 to 20 years, or bythe death penalty or life imprisonment.

CHAPTER 32

CRIMES AGAINST THE REGIME OF GOVERNMENT

Article 317. Attempt on the life ofa law enforcement agent

An attempt on the life of a law enforcement agent or a member of thearmed forces, or on their relatives, for purposes of preventing the lawful activity ofthese persons for the maintenance of public order and public safety, or in revenge

for such activity, shall be punishable by imprisonment for 12 to 20 years, or by thedeath penalty or life imprisonment.

Article 318. Use of violence against a representative of authority

1. The use of violence not endangering life or health, or threat of the use ofviolence, against a representative of authority or his relatives in connection withtheir performance of their official duties shall be punishable by a fine of between200 and 500 times the minimum wage or in the amount of the wage or other

346

income of the culprit for a period of from two to five months, by detention incustody for three to six months or by imprisonment for up to five years.

2. The use of violence that endangers life or health against the persons specifiedin paragraph I of this article shall be punishable by imprisonment for 5 to 10 years.

Note: "Representative of authority" in this article and other articles of this Codemeans an official of a law enforcement agency or administrative body, and alsoany other official assigned authority in accordance with the law over persons notdirectly subordinate to him.

Article 360. Attacks on internationally protected persons or institutions

An attack on an internationally protected representative of a foreignState or staff member of an international organization, and also on the business orresidential premises or vehicles of internationally protected persons, if the act iscommitted for purposes of provoking war or complicating international relations,shall be punishable by imprisonment for three to eight years.

4. FEDERAL ACT ON THE SUPRESSION OF TERRORISMOF 25 JULY 1998

The present Federal Act defines the legal and organizational basis forcombating terrorism in the Russian Federation; the manner in which the federalexecutive bodies, the executive bodies of the constituent parts of the RussianFederation, public associations and organizations irrespective of form ofownership, public servants and individual citizens shall coordinate their activities;and citizens' rights, duties and safeguards in connection with measures to combatterrorism.

SECTION I GENERAL PROVISIONS

Article 1. Legal basis for combating terrorism

The Constitution of the Russian Federation, the Criminal Code of theRussian Federation, the present Federal Act, other Federal legislation, theuniversally accepted principles and norms of international law, internationalagreements to which the Russian Federation is a party, decrees and orders of thePresident of the Russian Federation, enactments and instructions of theGovernment of the Russian Federation, and also other normative legal instrumentsof the federal governmental bodies adopted pursuant to those texts shall constitutethe legal basis for combating terrorism.

Article 2. Fundamental principles of combating terrorism

Combating terrorism in the Russian Federation shall be based on thefollowing principles:

(1) Legality;

(2) Priority to measures to prevent terrorism;

(3) Inevitability of punishment for engagement in terroristactivity;

(4) Combination of overt and covert methods of combatingterrorism;

(5) Use of the full range of preventive legal, political, socio-economic and public information measures;

(6) Priority to safeguarding the rights of persons endangered byacts of terrorism;

(7) Minimum concessions to terrorists;

(8) A single chain of command for controlling the forces and facilitiesused for counter-terrorism operations; and

(9) Minimum publicity for the technology and tactics of counter-terrorism operations and for the personnel participating in suchoperations.

Article 3. Definition of terms

For the purposes of the present Federal Act, the basic terms set outbelow shall have the following meanings:

"Terrorism" means the threat or use of force against natural persons oragainst organizations, or destruction of (damage to) or threat of destruction of(damage to) property or other physical objects which would create a danger of lossof life or occasion significant material damage or other public danger committedfor the purpose of undermining public safety, instilling fear or influencing theauthorities to take decisions of benefit to terrorists or satisfying their unlawfulmaterial and/or other interests; an attempt on the life of a statesperson or publicfigure committed for the purpose of ending that person's state or other politicalactivities or in revenge for such activities; attacking a representative of a foreignState or a staff member of an international organization who enjoys internationalprotection, whether at that person's place of work or against the conveyance of theperson enjoying international protection, if the act is committed for the purpose ofprovoking war or complicating international relations;

348

"Terrorist activity" includes:

(1) The organization, planning, preparation or commission ofacts of terrorism;

(2) Incitement to acts of terrorism, violence against natural persons oragainst organizations, or destruction of physical objects for purposes ofterrorism;

(3) Organization of an illegal armed formation, a criminal association(criminal organization) or an organized group to commit acts ofterrorism, or participation in such acts;

(4) Recruitment, arming, training or making use of terrorists;

(5) Knowingly financing a terrorist organization or terroristgroup or providing it with other assistance;

"International terrorist activity" means terrorist activity carried out:

(1) By a terrorist or terrorist organization in the territory ofmore than one State or harming the interests of more than oneState;

(2) By citizens of one State against citizens of another State or in theterritory of another State;

(3) Where both the terrorist and the victim of terrorism are citizens ofthe same State or of different States but the offence is not committedwithin the territorial limits of those States;

"Act of terrorism" means the direct commission of an offence of aterrorist nature, in the form of an explosion; arson; the use or threat of use of anuclear explosive device or of radioactive, chemical, biological, explosive, toxic,poisonous, virulent or noxious substances; destruction of, damage to or seizure of aconveyance or other object; an attempt on the life of a statesperson, public figureor representative of a national, ethnic, religious or other group within thepopulation; hostage-taking and kidnapping; occasioning a danger of harm to thelives, health or property of persons unknown by creating conditions for accidentsand disasters resulting from technological failures, or the real threat of such adanger; dissemination of threats in any form and by any means; other actionsoccasioning a danger of loss of life, significant material damage or otherconsequences constituting a public danger;

"Offences of a terrorist nature" means those offences provided for underarticles 205 to 208, 277 and 360 of the Criminal Code of the Russian Federation.Other offences under the Criminal Code of the Russian Federation may be

regarded as offences of a terrorist nature if they are committed for purposes ofterrorism. Criminal liability for committing such offences shall be establishedpursuant to the Criminal Code of the Russian Federation;

"Terrorist" means a person who participates in terrorist activity in anyform;

"Terrorist group" means a group of persons who have joined together forthe purpose of engaging in terrorist activity;

"Terrorist organization" means an organization established for thepurpose of engaging in terrorist activity or admitting the possibility of the use ofterrorism in its activities. An organization shall be deemed a terrorist organizationif even one of its structural subdivisions engages in terrorist activity with theknowledge of even one of that organization's governing bodies;

"Combating terrorism" means activities to prevent, detect and suppressterrorist activity and minimize its consequences;

"Counter-terrorism operation" means special measures intended tosuppress acts of terrorism, ensure the security of individuals, neutralize terroristsand minimize the consequences of a terrorist act;

"Counter-terrorism operational area" means the individual parts of alocality, water area, means of transport, building, structure, installation, premisesand any land or water area adjacent thereto within which a counter-terrorismoperation is conducted;

"Hostage" means an individual seized and/or held captive for thepurpose of compelling a State, organization or individual persons to perform anaction of any kind, or refrain from performing an action of any kind as a conditionfor releasing the person held captive.

Article 4. International cooperation by the Russian Federation in the field ofcombating terrorism

1. The Russian Federation, pursuant to its international agreements, shallcooperate in the field of combating terrorism with foreign States, their law-enforcement bodies and special services, and also with international organizationsengaged in combating terrorism.

2. The Russian Federation, guided by the interests of ensuring the safety andsecurity of the individual, society and the State, shall prosecute persons within itsterritory who are involved in terrorism, including in circumstances where the actsof terrorism were planned or committed outside the Russian Federation but causedharm to the Russian Federation, and in other circumstances provided for by theRussian Federation's international agreements.

SECTION II

ORGANIZATIONAL BASIS FOR COMBATING TERRORISM

Article5. The purposes of combating terrorism

Combating terrorism in the Russian Federation shall be carried out forthe purposes of:

(1) Protecting the individual, society and the State from terrorism;

(2) Preventing, detecting and suppressing terrorist activity andminimizing its consequences; and

(3) Detecting and eliminating the causes and conditions that areconducive to terrorist activity.

Article 6. Parties engaged in combating terrorism

1. The principal party controlling activities to combat terrorism and providethem with the necessary forces, facilities and resources shall be the Government ofthe Russian Federation.

2. The federal executive bodies shall participate in combating terrorism withintheir jurisdictions as established by federal legislation and other normative legalinstruments of the Russian Federation.

3. The parties directly engaged in combating terrorism within the limits of theirjurisdictions shall be:

The Federal Security Service of the Russian Federation;

The Ministry of Internal Affairs of the Russian Federation;

The Foreign Intelligence Service of the Russian Federation;

The Federal Protection Service of the Russian Federation;

The Ministry of Defence of the Russian Federation; and

The Federal Frontier Service of the Russian Federation.

4. Other federal executive bodies, as listed by the Government of the RussianFederation, shall also participate in preventing, detecting and suppressing terroristactivity.

5. In the event of the abolition, reorganization or renaming of the federalexecutive bodies listed in the present article, their functions in the area ofcombating terrorism shall be transferred to their successors.

6. To coordinate the activities of the parties engaged in combating terrorism, andpursuant to decisions by the President of the Russian Federation or by theGovernment of the Russian Federation, anti-terrorism commissions may beestablished at the federal and regional levels.

The Federal Anti-Terrorism Commission shall perform the following basictasks: it shall develop the basis for the State's anti-terrorism policy in the RussianFederation and shall also develop recommendations to enhance the effectiveness ofwork to detect and eliminate the causes and conditions that promote the occurrenceof terrorism and engagement in terrorist activity; it shall gather and analyzeinformation on the status of and trends in terrorism within the Russian Federation;it shall coordinate the activities of the federal executive bodies engaged incombating terrorism for the purpose of achieving coordination of their actions toprevent, detect and suppress acts of terrorism, and also to detect and eliminate thecauses and conditions that are conducive to the preparation for and the commissionof acts of terrorism; it shall take part in preparing international agreements in theRussian Federation in the area of combating terrorism; and it shall developproposals for improving the legislation of the Russian Federation in the area ofcombating terrorism.

Article 7. Jurisdictions of the parties engaged in combating terrorism

I. The parties engaged in combating terrorism shall be guided in their activitiesby the present Federal Act, other federal legislation, the universally acceptedprinciples and norms of international law, the international agreements to whichthe Russian Federation is a party and by the normative legal instruments (includinginter-departmental agreements) based on the above which regulate these activities.

2. The Federal Security Service of the Russian Federation and its territorialbodies in the constituent parts of the Russian Federation shall combat terrorism bypreventing, detecting and suppressing offences of a terrorist nature, includingoffences in pursuit of political goals, and by preventing, detecting and suppressinginternational terrorist activity pursuant to the criminal and procedural legislationshall conduct the preliminary investigation for criminal proceedings in respect ofsuch offences.

3. The Ministry of Internal Affairs of the Russian Federation shall combatterrorism by preventing, detecting and suppressing offences of a terrorist naturecommitted for purposes of pecuniary gain.

4. The Foreign Intelligence Service of the Russian Federation and the otherforeign intelligence agencies of the Russian Federation shall combat terrorism byensuring the safety and security of the institutions of the Russian Federationoutside the Russian Federation and of their personnel and family members of their

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personnel, and shall also gather information on the activities of foreign andinternational terrorist organizations.

5. The Federal Protection Service of the Russian Federation shall combatterrorism by ensuring the safety and security of persons and facilities under theprotection of the State and shall protect those facilities and persons.

6. The Ministry of Defence of the Russian Federation shall ensure the protectionof operational weapons with massive strike capability, rockets and small arms,ammunition and explosives, and military facilities, shall likewise take part inensuring the safety and security of the national merchant marine and of theairspace of the Russian Federation, and shall take part also in the conduct ofcounter-terrorism operations.

7. The Federal Frontier Service of the Russian Federation shall combat terrorismby preventing, detecting and suppressing attempts by terrorists to cross the Statefrontiers of the Russian Federation and by preventing, detecting and suppressingthe movement of weapons, explosive, toxic or radioactive substances and otheritems which may be used in the commission of an offence of a terrorist nature; itshall likewise participate in ensuring the safety and security of the nationalmerchant marine within the territorial waters and the exclusive economic zone ofthe Russian Federation; and it shall participate also in the conduct of counter-terrorism operations.

Article 8. Basic functions of the parties involved in combating terrorism

The federal executive bodies enumerated in article 6 of the presentFederal Act, and their territorial bodies in the constituent parts of the RussianFederation, shall participate in combating terrorism within the limits of theirjurisdictions by developing and implementing preventive, covert, organizational,educational and other measures to prevent, detect and suppress terrorist activity; byestablishing and maintaining in a state of readiness their departmental systems tocounter the commission of offences of a terrorist nature; and by providing mat&ieland technical and financial facilities, information, transportation andcommunications, medical equipment and medicines and by making such otherprovision as needed in the area of combating terrorism. Procedures for providingmat6riel and technical and financial resources, information, transportation andcommunications, medical equipment and medicines shall be determined by theGovernment of the Russian Federation.

Article 9. Assistance to the organs combating terrorism

I. The executive bodies of the constituent parts of the Russian Federation, localself-government bodies, public associations and organizations irrespective of formof ownership and public servants must assist the organs combating terrorism.

2. It shall be the civic duty of every citizen to provide the law-enforcement

agencies with any information to which they may have become party concerning

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terrorist activity or any other circumstances which, if known, could help prevent,detect and suppress terrorist activity or minimize its consequences.

SECTION III

CONDUCT OF COUNTER-TERRORISM OPERATIONS

Article ]0. Control over counter-terrorism operations

I. For direct control over counter-terrorism operations, pursuant to a decision ofthe Government of the Russian Federation a task force shall be established, headedby a representative of the Federal Security Service of the Russian Federation or ofthe Ministry of Internal Affairs of the Russian Federation depending on whichfederal executive body has primary jurisdiction for the conduct of a specificcounter-terrorism operation.

2. In the constituent parts of the Russian Federation and in the regions of theRussian Federation, task forces may be established whose size and compositionshall depend on the particular local conditions and on the nature of the possibleacts of terrorism in those constituent parts (regions) of the Russian Federation.

3. Task forces directing counter-terrorism operations in the constituent parts(regions) of the Russian Federation shall be headed by the head of the territorialbody (subdivision) of the department with primary jurisdiction for the conduct of aspecific counter-terrorism operation. In the event of a change in the nature of theterrorist act, the head of the counter-terrorism operation may be replaced bydecision of the chairman of the corresponding inter-departmental anti-terrorismcommission.

4. The operating procedures for a task force directing a counter-terrorismoperation shall be determined by regulations ratified by the chairman of thecorresponding inter-departmental anti-terrorism commission. The regulations for atask force directing an anti-terrorism operation shall be developed on the basis ofmodel regulations ratified by the Federal Anti-Terrorism Commission.

Article I. Forces and facilities for counter-terrorism operations

In order to conduct a counter-terrorism operation, a task force directing acounter-terrorism operation shall have the right to enlist the necessary forces andfacilities from the federal executive bodies which are taking part in combatingterrorism pursuant to article 6 of the present Federal Act. The federal executivebodies and the executive bodies of the constituent parts of the Russian Federationshall share the weapons and special facilities, transportation and communicationsand other materiel and technical facilities needed to conduct a counter-terrorismoperation.

Article 12. Command of counter-terrorism operations

1. All military service personnel, other staff and specialists enlisted to conduct acounter-terrorism operation shall from the moment the operation begins be underthe command of the head of the task force directing the counter-terrorismoperation.

2. Depending on the scale and degree of danger to the public, on the expectedadverse consequences of a terrorist act, a representative of the FederalAnti-Terrorism Commission may be appointed to command the counter-terrorismoperation. By decision of the President of the Russian Federation, the head of afederal executive body may be appointed to command the task force directing acounter-terrorism operation.

3. The head of a task force directing a counter-terrorist operation shall determinethe limits of the counter-terrorism operational area and decide how to use theforces and facilities enlisted to conduct the operation.

Interference by any other person, irrespective of his or her position, inthe task force for a counter-terrorism operation shall not be permitted.

Article 13. The legal regime in a counter-terrorism operational area

I. In a counter-terrorism operational area, the persons carrying out the operationshall have the right:

(1) To take measures, as needed, to impose temporary restrictions orprohibitions on the movement of conveyances and pedestrians on streetsand roads, to prevent the admission of conveyances, includingconveyances of diplomatic representatives and consular offices, and ofcitizens to parts of a locality or facility, or to evacuate citizens fromindividual parts of localities or facilities, and also to removeconveyances;

(2) To check the identification papers of citizens and officials and, inthe absence of such documents, to detain such persons for identification;

(3) To detain and hand over to the internal affairs bodies of the RussianFederation persons who have committed or are engaged in committingoffences or other actions intended to impede the fulfillment of the lawfulrequirements of persons conducting a counter-terrorism operation, andlikewise actions associated with unauthorized penetration of or attemptto penetrate a counter-terrorism operational area;

(4) To enter (penetrate) without let or hindrance the dwellings andother premises belonging to citizens and land appertaining to them; thelands and premises of organizations irrespective of the form ofownership; and to conveyances, during the curtailment of acts of

terrorism or in hot pursuit of persons suspected of committing acts of

terrorism, if delay may create a real threat to human life or health;

(5) To conduct personal searches of citizens, items in their possession,their conveyances and items conveyed therein as they enter or leave thearea. Such searches may include the use of technological systems;

(6) To use for official purposes communications facilities, includingspecial communications facilities, belonging to citizens andorganizations irrespective of the form of ownership;

(7) To use for official purposes conveyances belonging to organizationsirrespective of the form of ownership, with the exception of conveyancesof diplomatic, consular or other representatives of foreign governmentsand international organizations, and to use in urgent cases conveyancesbelonging to citizens, in order to prevent acts of terrorism, to pursue andapprehend persons who have committed an act of terrorism, or to conveypersons requiring urgent medical assistance to a treatment facility, and totravel to the scene of the incident.

2. Within a counter-terrorism operational area, the activities of media personnelshall be regulated by the head of the task force directing the counter-terrorismoperation unless otherwise provided for by federal law.

Article 14. Conduct of talks with terrorists

1. Talks may be held with terrorists in the conduct of a counter-terrorismoperation for the purposes of preserving human life and health and material assetsand also to study the possibility of ending the act of terrorism without the use offorce.

Only persons specially authorized by the head of the task force directing thecounter-terrorism operation may be permitted to hold talks with terrorists.

2. In conducting talks with terrorists, no consideration may be given to thequestion of surrendering any person or persons to terrorists, giving terroristsweapons or other facilities or items whose use could create a threat to human life

or health, or to meeting terrorists' political demands as conditions for terrorists'desisting from their act of terrorism.

3. The fact of conducting talks with terrorists may not serve as a basis orcondition for holding such terrorists harmless for acts which they have committed.

Article 15. Informing the public about acts of terrorism

1. In the conduct of a counter-terrorism operation, the public shall be informedof the terrorist act in the form and to the extent determined by the head of the taskforce directing the counter-terrorism operation or a representative of the task force

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responsible for maintaining communication with the public.

2. It shall not be permitted to disseminate information which:

(1) Reveals the special technical methods and tactics for conductingthe counter-terrorism operation;

(2) May impede the conduct of the counter-terrorism operation orcreate a threat to the lives or health of persons situated in the counter-terrorism operational area or outside that area;

(3) Serves to propagandize or justify terrorism and extremism;

(4) Concerns the personnel of special subdivisions, members of thetask force directing the counter-terrorism operation during the conduct ofthe operation or persons that provide assistance in the conduct of thatoperation.

Article 16. Completion of a counter-terrorism operation

1. A counter-terrorism operation shall be considered complete when the act ofterrorism has been ended and the threat to human life and health in the counter-terrorism operational area has been eliminated.

2. The decision on whether to announce completion of a counter-terrorismoperation shall be taken by the head of the task force directing the counter-terrorism operation.

SECTION IV

COMPENSATION FOR DAMAGE OR INJURY OCCASIONED BY ACTS OFTERRORISM AND SOCIAL REHABILITATION OF VICTIMS OF ACTS OFTERRORISM

Article 17. Compensation for damage or injury occasioned by an act of terrorism

I. Compensation for damage or injury occasioned by an act of terrorism shall bepaid out of the budget of the constituent part of the Russian Federation in whoseterritory the act of terrorism was committed, with subsequent recovery of theamount of such compensation from the person or persons responsible for causingthe damage or injury as established under civil and procedural law.

2. Compensation for damage or injury occasioned as a result of an act ofterrorism committed in the territories of more than one constituent part of theRussian Federation, and likewise compensation for harm occasioned to aconstituent part of the Russian Federation, and exceeding the capacity forcompensation from the budget of that constituent part of the Russian Federation,

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shall be paid from the federal budget with subsequent recovery of the amount ofsuch compensation from the person or persons responsible for causing the damageor injury as established under civil and procedural law.

3. Compensation for damage or injury occasioned to foreign citizens as a resultof an act of terrorism committed in the territory of the Russian Federation shall bepaid from the federal budget with subsequent recovery of the amount of suchcompensation from the person or persons responsible for causing the damage orinjury.

4. Compensation for harm occasioned to an organization as a result of an act ofterrorism shall be paid as established under the Civil Code of the RussianFederation.

Article 18. Social rehabilitation of victims of acts of terrorism

I. Social rehabilitation of victims of an act of terrorism shall be conducted forthe purpose of returning them to normal life and shall include legal assistance tosuch persons, psychological, medical and professional rehabilitation, jobplacement and also reinstatement in work and provision of housing.

2. Social rehabilitation of victims of an act of terrorism and also the personslisted in article 19 of the present Federal Act shall be funded from the federalbudget and from the budget of the constituent part of the Russian Federation inwhose territory the act of terrorism was committed.

3. The system for social rehabilitation of victims of acts of terrorism shall bedetermined by the Government of the Russian Federation.

SECTION V

THE LEGAL AND SOCIAL PROTECTION OF PERSONS ENGAGED INCOMBATING TERRORISM

Article 19. Eligibility of persons engaged in combating terrorism for legal andsocial protection

I. Persons engaged in combating terrorism are under State protection. Thefollowing are eligible for legal and social protection:

(1) Military service personnel, other staff and specialists from theFederal executive bodies and the executive bodies of the constituentparts of the Russian Federation participating (or having participated)directly in combating terrorism;

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(2) Persons assisting, on a permanent or temporary basis, the Stateorgans combating terrorism, in preventing, detecting and curtailingterrorist activity and minimizing its consequences;

(3) Family members of persons listed in subparagraphs (1) and (2) ofparagraph 1 of the present article in the event that they require protectionas a result of a listed person=s participation in combating terrorism.

2. Social protection of persons enlisted to combat terrorism shall be effectedtaking into account the legal status of such persons as established by federallegislation and other normative legal instruments and in accordance with theprocedure established by the Government of the Russian Federation.

Article 20. Compensation for damages or injury to persons participating incombating terrorism

1. Compensation shall be paid as established under the legislation of the RussianFederation for injury to the health or damage to the property of persons listed inarticle 19 of the present Federal Act resulting from their participation in combatingterrorism.

2. In the event of the death of a person engaged in combating terrorism in thecourse of a counter-terrorism operation, the family members of the deceased andhis dependants shall be paid an extraordinary grant of 1,000 times the minimumwage rate, a pension shall be awarded in the event of the loss of a bread winner,and accommodation privileges and payment of residential public utility servicesshall be preserved where the deceased possessed such privileges.

3. In the event that a person engaged in combating terrorism suffers injury in thecourse of a counter-terrorism operation entailing subsequent disability, he shall bepaid, from the federal budget, an extraordinary grant of 500 times the minimumwage rate and a pension shall be awarded pursuant to the legislation of the RussianFederation.

4. In the event that a person engaged in combating terrorism suffers injury in thecourse of a counter-terrorism operation not entailing subsequent disability, he shallbe paid an extraordinary grant of 100 times the minimum wage rate.

Article 21. Discharge from legal responsibility for occasioning harm

In the conduct of a counter-terrorism operation on the basis of and withinthe limits established by law, necessary occasioning of injury to the lives, healthand property of terrorists or to other interests protected by law shall be permitted.This being the case, military service personnel, specialists and other personsparticipating in combating terrorism shall be held harmless in respect of damage orinjury occasioned in the conduct of a counter-terrorism operation pursuant to thelegislation of the Russian Federation.

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Article 22. Length-of-service privileges

In calculations of length of service for pension purposes, military servicepersonnel and officials of the federal executive bodies serving (having served) indivisions engaged (having engaged) directly in combating terrorism shallaccumulate time served at the rate of one and a half days per day of actual serviceand at the rate of three days per day of service while participating in counter-terrorism operations (unless the legislation of the Russian Federation makesprovision for a more advantageous reckoning of length of service).

SECTION VI

LIABILITY FOR PARTICIPATION IN TERRORIST ACTIVITY

Article 23. Liability for participation in terrorist activity

Persons guilty of terrorist activity shall bear the liability provided for bythe legislation of the Russian Federation.

Article 24. Special features of criminal and civil legal proceedings in matters ofterrorist activity

Proceedings relating to offences of a terrorist nature and cases oncompensation for damage or injury resulting from an act of terrorism may, bydecision of the court, be heard in closed sessions in which all the rules of legalprocedure shall be observed.

Article 25. Liability of organizations for engagement in terrorist activity

I. An organization shall be deemed to be a terrorist organization and shall bedissolved on the basis of a judgement by a court.

In dissolving an organization deemed to be a terrorist organization, theassets belonging to it shall be confiscated and shall devolve upon the State.

2. In the event that a court of the Russian Federation deems an internationalorganization (its sections, branches and representation) registered outside theRussian Federation to be a terrorist organization, the terrorist activity of thatorganization shall be prohibited in the territory of the Russian Federation, itsRussian section (branch, representation) shall be dissolved, and assets belonging tothat section and the assets of that international organization which are locatedwithin the territory of the Russian Federation shall be confiscated and shalldevolve upon the State.

3. A bill of indictment against an organization for terrorist activity shall belodged with the court by the Procurator General of the Russian Federation or byhis deputies.

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SECTION VII

CONTROL AND MONITORING OF THE LEGALITY OF ANTI-TERRORISM

ACTIVITIES

Article 26. Control over anti-terrorism activities

Control over the manner in which terrorism is combated in the RussianFederation shall be exercised by the President of the Russian Federation and by theGovernment of the Russian Federation.

Article 27. Monitoring of legality in combating terrorism

I. Monitoring of compliance with the law in combating terrorism shall beensured by the Procurator General of the Russian Federation and by his deputies.

2. The Office of the Procurator-General of the Russian Federation shall likewisetake steps, within the limits of its jurisdiction, to prevent terrorist activity; pursuantto the criminal and procedural legislation of the Russian Federation it shall conductthe preliminary investigations, monitor investigations in criminal proceedingsassociated with terrorist activity, support the State prosecution in the courts in suchproceedings and shall take other steps pursuant to the legislation of the RussianFederation.

SECTION VIII

FINAL PROVISIONS

Article 28. Conformation of legal instrument to the present Federal Act

Federal Acts and other normative legal instruments shall be brought intoconformity with the present Federal Act within three months of its entry into force.

Article 29. Entry into force of the present Federal Act

The present Federal Act shall enter into force on the date of its officialpublication.

5. RESOLUTION NO. 1302 OF 6 NOVEMBER 1998 OF THE

GOVERNMENT OF THE RUSSIAN FEDERATION ON THEFEDERAL ANTI-TERRORIST COMMISSION

In accordance with the Federal Act on the Suppression of Terrorism, theGovernment of the Russian Federation decides:

1. To establish a Federal Anti-Terrorist Commission.

2. To approve the appended Statute of the Federal Anti-TerroristCommission and its composition.

3. That the Federal Anti-Terrorist Commission shall, within six

months, submit to the Government of the Russian Federation, inaccordance with established procedure, proposals on:

(a) A list of the federal executive authorities participating,within their competence, in the prevention, detection andsuppression of terrorist activity;

(b) The procedure for the provision by the federal executiveauthorities enumerated in article 6 of the Federal Act on thesuppression of terrorism, of logistical and financial support,information, means of transport and communication, medicalequipment and medicine, as the need arises, for efforts tocombat terrorism;

(c) The procedure for the social protection of personsinvolved in combating terrorism;

(d) The procedure for the social rehabilitation of personsaffected by terrorist acts.

4. To recommend that the heads of the executive authorities of theconstituent parts of the Russian Federation establish, before 1 September1999, regional anti-terrorist commissions.

5. To declare null and void resolution No. 45 of the Government ofthe Russian Federation of 16 January 1997 on the establishment of theInterdepartmental Anti-Terrorist Commission of the Russian Federation(Compendium of Legislation of the Russian Federation, 1997, No. 4, art.547; No. 6, art. 759; No. 17, art. 2043; No. 23, art. 2702; No. 33, art.3901; No. 46, art. 5322; 1998, No. 9, art. 1127).

STATUTE OF THE FEDERAL ANTI-TERRORIST COMMISSIONAPPROVED BY RESOLUTION NO. 1302 OF THE GOVERNMENT

OF THE RUSSIAN FEDERATION OF 6 NOVEMBER 1998

1. The Federal Anti-Terrorist Commission (hereinafter referred to as "theCommission") shall be the coordinating body to ensure cooperation between theauthorities engaged in the suppression of terrorism.

2. In its activity, the Commission shall be guided by the Constitution of theRussian Federation, federal legislation, the decrees and orders of the President ofthe Russian Federation, the resolutions and orders of the Government of theRussian Federation and this Statute.

The Commission shall exercise its powers in cooperation with thefederal executive authorities, the executive authorities of the constituent parts ofthe Russian Federation, local authorities and interested organizations.

3. The basic functions of the Commission shall be:

- To draw up the principles of State policy in the field of the suppressionof terrorism in the Russian Federation, and recommendations onimproving the effectiveness of efforts to identify and eliminate thecauses and conditions conducive to terrorism and terrorist activities;

- To collect and analyse information on terrorism and terrorist trends inthe territory of the Russian Federation;

- To coordinate the activities of the federal executive authorities engagedin the suppression of terrorism with a view to coordinating their effortsto prevent, detect and suppress terrorist acts and to identify and eliminatethe causes and conditions conducive to the preparation and perpetrationof terrorist activities;

- To take part in the preparation of international treaties in the RussianFederation in the field of the suppression of terrorism;

- To prepare proposals on improving the Russian Federation's legislation

in the field of the suppression of terrorism.

4. The Commission shall have the right:

- To take, within its competence, decisions required for the organization,coordination and improvement of cooperation of the authorities engagedin the suppression of terrorism, in the prevention, detection andsuppression of terrorist acts and the elimination of their consequences;

- To request State, public and other organizations and officials to providethe documents, materials and information required for the work of theCommission;

- To establish working groups to resolve the basic issues relating to thecompetence of the Commission, and to determine the procedure for thework of these groups;

- To invite officials and specialists from government bodies of theRussian Federation, local government bodies and organizations (with theconsent of their managers) to participate in the work of the Commission;

- To introduce, in accordance with established procedure, proposals onmatters relating to the competence of the Commission and requiring adecision by the President of the Russian Federation or the Government

of the Russian Federation.

5. The Commission shall conduct its activity in accordance with a work planadopted at a meeting of the Commission and approved by its Chairman.

Meetings of the Commission shall be held on the basis of the work planor when the need arises for the urgent review of matters falling within itscompetence.

Materials for meetings of the Commission shall be prepared byrepresentatives of the federal executive authorities to whose jurisdiction the itemson the agenda relate. The materials shall be submitted to the Commission not lessthan five days before the holding of the meeting.

Decisions of the Commission shall be adopted by a simple majority ofthe members of the Commission present at the meeting, through open voting.

6. Decisions adopted by the Commission in conformity with its competenceshall be binding on all federal executive authorities, the executive authorities of theconstituent parts of the Russian Federation, regional anti-terrorist commissions andorganizations of the Russian Federation.

7. The Chairman of the Commission:

- guides the work of the Commission;

- approves decisions adopted by the Commission and ensures theirimplementation;

- takes the decision to hold meetings of the Commission when the need

arises for the urgent review of matters falling within its competence;

- allocates responsibilities among the members of the Commission;

- approves the composition of working groups;

- represents the Commission in matters falling within its competence.

Organizational and technical services and data analysis for the work of theCommission shall be provided by the Federal Security Service of the RussianFederation.

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XXXVI. SLOVAKIA86

1. PENAL CODE

CHAPTER I

CRIMINAL OFFENCES AGAINST THE REPUBLIC

Section 93. Terror

Every person who, with the intention of harming the constitutionalsystem of the Republic, wilfully kills or attempts to kill any other person, shall beliable to a term of imprisonment of twelve to twenty-five years, or to anextraordinary punishment.

Section 93a.

I. Every person who takes a hostage and threatens to kill him or cause himbodily or other harm with the purpose of coercing him into fulfilling requestswhich are harmful to the constitutional system of the Republic shall be liable to aterm of imprisonment of three to ten years.

2. The offender shall be liable to a term of imprisonment of five to twelve years:

(a) If he commits the offence referred to in paragraph I as a member ofan organized group;

(b) If, in such an offence, the hostage is a person under eighteen;

(c) If, in such an offence, more than one person is taken hostage; or

(d) If the commission of such an offence results in serious bodily harm.

3. The offender shall be liable to a sentence of ten to fifteen years or to anextraordinary punishment if the commission of the offence referred to in paragraphI results in death.

CHAPTER IV

CRIMINAL OFFENCES INVOLVING GENERAL ENDANGERMENT

Section 179. General endangerment

1. Every person who willfully places other persons at the risk of losing theirlives or of suffering serious bodily harm, or who puts another person's property at

86 Transmitted to the Secretariat by that Government on 30 August 1999.

365

the risk of extensive damage by means of causing fire or flooding, the

malfunctioning or accident of a means of public transportation, or by means ofharmful effects of explosives, gas, electricity, radioactivity and other similarlydangerous substances or forces, or who commits other similarly dangerous acts(general danger), or who aggravates a general danger or obstructs its prevention ormitigation, shall be liable to a term of imprisonment of three to eight years.

2. The offender shall be liable to a term of imprisonment of eight to fifteenyears:

(a) If he commits the offence referred to in paragraph I as amember of an organized group;

(b) If, within a short period of time, he repeats the commission ofsuch an offence; or

(c) If the commission of such an offence results in seriousbodily harm to more than one person or death and/or extensivedamage or has other exceptionally serious consequences.

3. The offender shall be liable to a sentence of imprisonment of twelve to fifteenyears or to an extraordinary punishment:

(a) If the commission of the offence referred to in paragraph Iresults in death; or

(b) If he commits such an offence at a time of preparedness for the

defence of the State.

Section 180a. Endangering the safety of aircraft or civilian vessels

1. Every person who, on board an aircraft or a civilian vessel, with the intentionof seizing the aircraft or vessel concerned or of gaining control over it,

(a) Uses violence or the threat of imminent violence against others, or

(b) Threatens others with death, bodily harm or extensivedamage, or

(c) Takes advantage of the helplessness of others,

shall be liable to a term of imprisonment of eight to fifteen years or to theforfeiture of property.

2. The offender shall be liable to a term of imprisonment of twelve to twenty-five years or to an extraordinary punishment:

(a) If the commission of the offence referred to in paragraph 1

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results in death; or

(b) If he commits such an offence at a time of preparedness for thedefence of the State.

Section 180c. Hijacking an airborne vessel to a foreign country

1. Every person who takes control of or seizes, without lawful authority, anaircraft entrusted to him shall be liable to a term of imprisonment of three to tenyears or to the forfeiture of property.

2. The offender shall be liable to a term of imprisonment of ten to fifteen yearsor to an extraordinary punishment if the commission of the offence referred to inparagraph I results in death.

CHAPTER VIII

CRIMINAL OFFENCES AGAINST FREEDOM AND HUMAN DIGNITY

Section 233. Abduction to a foreign country

I. Every person who abducts another person to a foreign country shall be liableto a term of imprisonment of three to eight years.

2. The offender shall be liable to a term of imprisonment of five to twelve years:

(a) If he commits the offence referred to in paragraph I as a member ofan organized group;

(b) If he commits such an offence against a person under fifteen or aperson suffering from a mental disorder or of unsound mind;

(c) If the commission of such an offence results in serious bodily harmor death or has other particularly serious consequences.

Section 234a. Taking a hostage

I. Every person who takes a hostage and threatens to kill him or cause himbodily or other harm with the purpose of coercing him to do something, refrainfrom doing something or suffer that something be done, shall be liable to a term ofimprisonment of three to ten years.

2. The offender shall be liable to a term of imprisonment of eight to twelveyears:

(a) If he commits the offence referred to in paragraph I as amember of an organized group;

(b) If, in connection with such an offence, he breaks into andenters a house or dwelling of another person or stays there withoutlawful authority;

(c) If the hostage in the offence is a person under eighteen;

(d) If the offence is committed against several persons; or

(e) If the commission of such an offence results in serious bodily harm.

3. The offender shall be liable to a term of imprisonment of ten to fifteen yearsor to an extraordinary punishment if the commission of the offence referred to inparagraph I results in death.

XXXVII. SRI LANKA8 7

1. PREVENTION OF TERRORISM88

An Act To Make Temporary Provision for the Prevention of Acts of Terrorism inSri Lanka, the Prevention of Unlawful Activities of Any Individual, Group ofIndividuals, Association, Organization or Body of Persons within Sri Lank oroutside Sri Lanka and for Matters Connected Therewith or Incidental Thereto

[2 41h July, 1979, except section 30]

Preamble

Whereas the Parliament of the Democratic Socialist Republic of Sri Lankacontinues to affirm that men and institutions remain free only when freedom isfounded upon respect for the Rule of Law and that grievances should be redressedby constitutional methods:

And whereas public order in Sri Lanka continues to be endangered by elements orgroups of persons or associations that advocate the use of force or the commissionof crime as a means of, or as an aid in, accomplishing governmental change withinSri Lanka, and who have resorted to acts of murder and threats of murder ofmembers of Parliament and of local authorities, police officers, and witnesses tosuch acts and other law abiding and innocent citizens, as well as the commission ofother acts of terrorism such as armed robbery, damage to State property and otheracts involving actual or threatened coercion, intimidation and violence:

And whereas other democratic countries have enacted special legislation to dealwith acts of terrorism:

87 Transmitted to the Secretariat by that Government on 9 August 1999 and 1 May 2001.88 Act 48 of 1979.

Be it enacted by the Parliament of the Democratic Socialist Republic of Sri Lankaas follows:

Short title

I. This Act may be cited as the Prevention of Terrorism (Temporary Provisions)Act.

Part IOffences

Offences under this Act and penalties

2. (1) Any person who -

(a) causes the death of any specified person, or kidnaps or abducts aspecified person, or commits any other attack upon any such person,which act would, under the provisions of the penal code, be punishablewith death or a term of imprisonment of not less than seven years; or

(b) causes the death of any person who is a witness to any offenceunder this act, or kidnaps or abducts or commits any other attack uponany such person, which act would, under the provisions of the penalcode, be punishable with death or a term of imprisonment of not lessthan seven years; or

(c) commits criminal intimidation of any specified person or a witnessreferred to in paragraph (b); or

(d) commits the offence of robbery of the property of the government,any department, statutory board, public corporation, bank, co-operativeunion or co-operative society; or

(e) commits the offence of mischief to the property of the government,any department, statutory board, public corporation, bank, co-operativeunion or co-operative society or to any other public property; or

(f) without lawful authority imports, manufactures or collects anyfirearms, offensive weapons, ammunition or explosives or any article orthing used, or intended to be used, in the manufacture of explosives; or

(g) possesses without lawful authority, within any security area, anyfirearms or any offensive weapons, ammunition or explosives or anyarticle or thing used, or intended to be used, in the manufacture ofexplosives; or

(h) by words either spoken or intended to be read or by signs or byvisible representations or otherwise causes or intends to causecommission of acts of violence or religious, racial or communaldisharmony or feelings of ill-will or hostility between differentcommunities or racial or religious groups; or

(i) without lawful authority erases, mutilates, defaces or otherwiseinterferes with any words, inscriptions, or lettering appearing on anyboard or other fixture on, upon or adjacent to, any highway, street, roador any other public place; or

(j) harbours, conceals or in any other manner prevents, hinders orinterferes with the apprehension of, a proclaimed person or any otherperson, knowing or having reason to believe that such person hascommitted an offence under this act,

shall be guilty of an offence under this Act.

(2) Any person guilty of an offence specified in -

(i) paragraph (a) or (b) of subsection (1) shall on conviction be liableto imprisonment for life, and

(ii) paragraphs (c), (d), (e), (f), (g), (h), (i) or (j) of subsection (1) shallon conviction be liable to imprisonment of either description for a periodnot less than five years but not exceeding twenty years.

(3) In this section -

(i) "proclaimed person" means any person proclaimed by theinspector-general of police by proclamation published in the gazette tobe a person wanted in connection with the commission of any offenceunder this act; and

(ii) "security area" means any area declared by the minister by orderpublished in the gazette to be a security area if he is satisfied that byreason of any unlawful activity there is in such area a reasonableapprehension of organized violence.

Penalty for preparation, abetment, conspiracy, or incitement to commit offence

3. Any person who -

(a) does any act preparatory to the commission of an offence;

(b) abets, conspires, attempts, exhorts or incites the commission of anoffence; or

(c) causes the death of any person, or commits any attack upon anyperson whomsoever in the course of committing any offence under thisAct, which act would, under the provisions of the Penal Code, bepunishable with death or with a term of imprisonment of not less thanseven years,

shall he guilty of an offence and shall on conviction be liable to imprisonment ofeither description for a period of not less than five years but not exceeding twentyyears where the offence is one specified in paragraph (a) or (b), or to imprisonmentfor life where the offence is one specified in paragraph (c).

Forfeiture ofproperty

4. Where any person is convicted by any court of any offence under section 2 orsection 3, then, in addition to any other penalty that the court shall impose for suchoffence -

(a) all property movable and immovable, of that person shall, by virtueof such conviction, be deemed to be forfeited to the Republic; and

(b) any alienation or other disposal of such property effected by suchperson after the 24th day of July, 1979, shall be deemed to have been,and to be, null and void.

Penalty for failure to give certain information

5. Any person who -

(a) knowing or having reasonable cause to believe that any person -

(i) has committed an offence under this act, or

(ii) is making preparation or is attempting to commit anoffence under this act,

fails to report the same to a police officer; or

(b) having in his possession any information relating to the movementsor whereabouts of any person who has committed or is makingpreparations or is attempting to commit an offence under this Act fails toreport the same to a police officer,

shall be guilty of an offence and shall, on conviction be liable to imprisonment ofeither description for a period not exceeding seven years.

Part 11Investigation of Offences

Powers of entry, search and seizure

6. (I) Any police officer not below the rank of Superintendent or any otherpolice officer not below the rank of Sub-Inspector authorized in writing by him in

that behalf may, without a warrant and with or without assistance andnotwithstanding anything in any other law to the contrary -

(a) arrest any person;

(b) enter and search any premises;

(c) stop and search any individual or any vehicle, vessel, train oraircraft and

(d) seize any document or thing,

connected with or concerned in or reasonably suspected of being connected with orconcerned in any unlawful activity.

(2) Any person who obstructs or hinders any police officer lawfully exercisingany power conferred on him by or under subsection (1), shall be guilty of anoffence and shall on conviction be liable to imprisonment of either description fora period not exceeding seven years.

Remand order

7. (1) Any person arrested under subsection (1) of section 6 may be kept incustody for a period not exceeding seventy-two hours and shall, unless a detentionorder under section 9 has been made in respect of such person, be produced beforea Magistrate before the expiry of such period and the Magistrate shall, on anapplication made in writing in that behalf by a police officer riot below the rank ofSuperintendent, make order that such person he remanded until the conclusion ofthe trial of such person:

Provided that, where the Attorney-General consents to the release of such personfrom custody before the conclusion of the trial, the Magistrate shall release suchperson from custody.

(2) Where any person connected with or concerned in or reasonably suspected tobe connected with or concerned in the commission of any offence under this Actappears or is produced before any court other than in the manner referred to insubsection (1), such court shall order the remand of such person until theconclusion of the trial:

Provided that, if an application is made under the hand of a police officer notbelow the rank of Superintendent to keep such person in police custody for aperiod not exceeding seventy-two hours, the Magistrate shall authorize suchcustody and thereupon the order of remand made by the Magistrate shall remainsuspended for the period during which such person is in police custody.

(3) A police officer conducting an investigation under this Act in respect of anyperson arrested under subsection (I) of section 6 or remanded under subsection (1)or subsection (2) of this section -

(a) shall have the right of access to such person and the right to takesuch person during reasonable hours to any place for the purpose ofinterrogation and from place to place for the purposes of investigation;and

(b) may obtain a specimen of the handwriting of such person and do allsuch acts as may reasonably be necessary for fingerprinting or otherwiseidentifying such person.

Recording of statement by Magistrate

8. Any police officer may at any stage of an investigation or trial produce beforeany Magistrate any person conversant with any fact relating to the commission ofany offence under this Act, and the Magistrate shall thereupon record the statementof such person upon oath.

Part III

Detention and Restriction Orders

Detention orders

9. (1) Where the Minister has reason to believe or suspect that any person isconnected with or concerned in any unlawful activity, the Minister may order thatsuch person be detained for a period not exceeding three months in the firstinstance, in such place and subject to such conditions as may be determined by theMinister, and any such order may be extended from time to time for a period notexceeding three months at a time:

Provided, however, that the aggregate period of such detention shall not exceed aperiod of eighteen months.

(2) (a) At any time after an order has been made in respect of any person undersubsection (1), the Minister may direct that the operation of such order besuspended and may make an order under subsection (1) of section I 1.

(b) The Minister may revoke any such direction if he is satisfied that the personin respect of whom the direction was made has failed to observe any condition

imposed or that the operation of the order can no longer remain suspended without

detriment to public safety.

Order under section 9 to be final

10. An order made under section 9 shall be final and shall not be called inquestion in any court or tribunal by way of writ or otherwise.

Power of Minister to order restriction of movement in certain cases

11. (1) Where the Minister has reason to believe or suspect that any person is

connected with or concerned in the commission of any unlawful activity referredto in subsection (1) of section 9, he may make an order in writing imposing onsuch person such prohibitions or restrictions as may be specified in such order inrespect of-

(a) his movement outside such place of residence as may be specified;or

(b) the places of residence and of employment of such person; or

(c) his travel within or outside Sri Lanka; or

(d) his activities whether in relation to any organization, association orbody of persons of which such person is a member, or otherwise; or

(e) such person addressing public meetings or from holding office in,or taking part in the activities of or acting as adviser to, any organization,association or body of persons, or from taking part in any politicalactivities,

and he may require such person to notify his movements to such authority, in suchmanner and at such times as may be specified in the order.

(2) Where the Minister makes a restriction order in respect of any person whilean order of detention in respect of such person is in force, such restriction ordershall unless otherwise specified, take effect upon the expiry of the detention order.

(3) Every order made under subsection (1) shall be in force for such period, notexceeding three months, as may be specified therein:

Provided, that the Minister may, by order in writing, extend such period from timeto time for periods not exceeding three months at a time so however that theaggregate of such periods does not exceed eighteen months.

(4) Where an order is made under subsection (1), the Minister may by notice inwriting served on the person to whom such order relates, vary, cancel or add to anyprohibitions or restrictions imposed by such order on such person and the

prohibitions or restrictions so varied or added to shall, unless earlier cancelled,continue in force for the unexpired portion of the period specified in such order orthe period as extended under subsection (3).

(5) An order made by the Minister under subsection (1) shall be final and shall

not be called in question in any court or tribunal by way of writ or otherwise.

Penalty

12. Any person who contravenes or acts in breach of any prohibition or restrictionimposed on him by an order under section II shall be guilty of an offence andshall on conviction be liable to a term of imprisonment of either description for aperiod of five years.

Part IVAdvisory Board

13. (1) There shall, for the purposes of this Act, be established an AdvisoryBoard consisting of not less than three persons appointed by the President.

(2) Any person in respect of whom any detention order or restriction order hasbeen made shall be informed of the unlawful activity in connexion with whichsuch order has been made and such person or any other person on his behalf maymake representations to the Advisory Board.

(3) Every meeting of the Advisory Board held to consider such representationsshall be presided over by a Chairman nominated from among the members by theMinister and it shall be the duty of the Chairman to advise the Minister in respectof such representations.

(4) The Minister may make rules in relation to the hearing and disposal of anyrepresentations that may be made by any person in respect of any such order.

Part V

Prohibition of Publications

Prohibition ofpublications

14. (1) Notwithstanding the coming into operation of this Act on the 24th day ofJuly, 1979, the provisions of subsection (2) shall come into operation only upon anOrder made in that behalf by the Minister from time to time and published in theGazette for such period as may be specified in the Order.

(2) (a) No person shall, without the approval in writing of a competentauthority, print or publish in any newspaper any matter relating to

(i) the commission of any act which constitutes an offence under thisact or the investigation of any such offence; or

(ii) incitement to violence, or which is likely to cause religious, racialor communal disharmony or feelings of ill-will or hostility betweendifferent communities or racial or religious groups.

(b) No person shall, without the approval in writing of a competent authority,distribute or be concerned in the distribution of any newspaper printed orpublished in Sri Lanka or outside Sri Lanka in respect of any matter the printingand publication of which is prohibited under paragraph (a).

(3) Any person who commits any act in contravention of any of the provisions ofsubsection (2) shall be guilty of any offence and shall on conviction be liable toimprisonment of either description for a period not exceeding five years.

(4) (a) Where any person is convicted of an offence under this section, the courtmay, in addition to the punishment it may impose for that offence under subsection(3), order that no person shall print, publish or distribute or in any way beconcerned in the printing, publication or distribution of any such newspaper forsuch period as is specified in such order and that the printing press in which suchnewspaper was printed shall, for such period as shall be specified in such order,not be used for any purpose whatsoever or for any such purpose as is specified inthe order.

(b) Where any proceedings have been instituted against any person for thecommission of any offence under this section, it shall be competent for the court tomake an interim order that the printing press in which it is alleged that suchnewspaper or publication was printed shall not be used for any purpose whatsoeveror for any such purpose as is specified in the order, until the conclusion of the trial.

Part VI

Trial

Trial

15. Every person who commits an offence under this Act shall be triable withouta preliminary inquiry, on an indictment before a Judge of the High Court sittingalone without a jury.

Admissibility of certain statements

16. (1) Notwithstanding the provisions of any other law, where any person ischarged with any offence under this Act, any statement made by such person atany time, whether -

(a) it amounts to a confession or not;

(b) made orally or reduced to writing;

(c) such person was or was not in custody or presence of a policeofficer;

(d) made in the course of an investigation or not;

(e) it was or was not wholly or partly in answer to any question,

may he proved as against such person if such statement is not irrelevant undersection 24 of the Evidence Ordinance:

Provided, however, that no such statement shall be proved as against such personif such statement was made to a police officer below the rank of an AssistantSuperintendent.

(2) The burden of proving that any statement referred to in subsection (1) isirrelevant under section 24 of the Evidence Ordinance shall be on the personasserting it to be irrelevant.

(3) Any statement admissible under subsection (1) may be proved as against anyother person charged jointly with the person making the statement, if, and only if,such statement is corroborated in material particulars by evidence other than thestatements referred to in subsection (1).

Sections 25,26 and 30 of the Evidence Ordinance not to apply

17. Notwithstanding anything to the contrary in any other law, the provisions ofsections 25, 26 and 30 of the Evidence Ordinance shall have no application in anyproceedings under this Act.

Admissibility of certain statements and documents

18. (1) Notwithstanding anything to the contrary in any other law -

(a) a statement recorded by a Magistrate, or made at an identificationparade by a person who is dead or who cannot be found, shall beadmissible in evidence notwithstanding that such person is not present orcannot or has not been cross-examined; and

(b) any document found in the custody, control or possession of a

person accused of any offence under this Act or of an agent orrepresentative of such person may be produced in court as evidenceagainst such person without the maker of such document being called as

a witness and the contents of such document shall be evidence of thefacts stated therein.

(2) If in the course of a trial for an offence under this Act, any witness shall, onany material point, contradict either expressly or by necessary implication astatement made by him and recorded by a Magistrate or a statement made by himat any identification parade, it shall be lawful for the presiding Judge -

(a) to act upon such statement; and

(b) to have such witness at the conclusion of such trial arraigned andtried on an indictment which shall be prepared and signed by theRegistrar of such court, for intentionally giving false evidence in a stageof a judicial proceeding.

(3) At any trial referred to in subsection (2) (b), it shall be sufficient to prove thatthe witness made the contradictory statement and it shall not be necessary to provewhich of the statements is false.

Provisions of any written law relating to the grant of bail not to apply to personsaccused of any offence under this Act

19. Notwithstanding the provisions of any other written law -

(a) every person convicted by any court of any offence under this Actshall, notwithstanding that he has lodged a petition of appeal against hisconviction or the sentence imposed on him, be kept on remand until thedetermination of the appeal;

(b) any order made under the provisions of subsection (4) of section 14shall, notwithstanding any appeal made against such order, continue inforce until the determination of such appeal:

Provided, however, that the Court of Appeal may in exceptional circumstancesrelease on bail any such person referred to in paragraph (a) subject to suchconditions as the Court of Appeal may deem fit, or vary or suspend any orderreferred to in paragraph (b).

Certain provisions of the Code of Criminal Procedure not to apply to personsconvicted or found guilty of an offence under this Act

20. Notwithstanding anything in the Code of Criminal Procedure Act -

(a) the provisions of section 303 of that Act shall not apply in the caseof any person who is convicted;

(b) the provisions of section 306 of that Act shall not apply in the case

of any person who pleads or is found guilty,

by or before any court of any offence under this Act.

Priority for trials and appeals under this Act

21. Every court shall give priority to the trial of any person charged with, orindicted for, any offence under this Act and to the hearing of any appeal from theconviction of any such offence and sentence imposed on such conviction.

Part VIISpecial Provisions

Person committing offences under certain sections of the Penal Code in relation tospecified persons, to be triable under this Act

22. Any person who has committed any offence under section 296 or section 297or section 300 of the Penal Code prior to the date of coming into operation of PartVI of 'this Act or has abetted or has conspired to abet the commission of any suchoffence prior to such date, in relation to any person who is a specified person or aperson who was a witness to any offence which if such offence had beencommitted after the date of coming into operation of Part I of this Act would haveconstituted an offence under this Act shall, notwithstanding the provisions of anyother law to the contrary, be triable without a preliminary inquiry, on anindictment before a Judge of the High Court sitting alone without a jury.

Admissibility of statements

23. The provisions of sections 8, 16, 17 and 18 of this Act shall, mutatismutandis, apply to and in relation to any act, or the trial for the commission of anoffence in respect of any act, committed before the 24h day of July, 1979, whichact would, if committed after such date, have constituted an offence under this Act:

Provided, however, that no statement referred to in any such section shall beadmissible unless such statement was made after the 24th day of July, 1979.

Act committed in relation to vessel or aircraft

24. Any person who commits an act in or in relation to any vessel or aircraftregistered in Sri Lanka shall, if such act constitutes an offence under this Act, beguilty of an offence under this Act.

PART VIIIMiscellaneous

Offences by bodies ofpersons

25. Where an offence under this Act is committed by a body of persons, then ifthat body of persons is -

(a) a body corporate, every director and officer of that body corporate;

or

(b) a firm, every partner of that firm; or

(c) a body unincorporate other than a firm, every officer of that bodyresponsible for its management and control,

shall be deemed to be guilty of such offence:

Provided that no such person shall be deemed to be guilty of such offence if heproves that such offence was committed without his knowledge or that heexercised all due diligence to prevent the commission of such offence.

Protection of officers, &c

26. No suit, prosecution or other proceeding, civil or criminal, shall lie againstany officer or person for any act or thing in good faith done or purported to bedone in pursuance or supposed pursuance of any order made or direction givenunder this Act.

Regulations

27. (1) The Minister may make regulations under this Act for the purpose ofcarrying out or giving effect to the principles and provisions of this Act.

(2) Every regulation made by the Minister shall be published in the Gazette andshall come into operation on the date of such publication or on such later date asmay be specified in the regulation.

(3) Every regulation made by the Minister shall as soon as convenient after itspublication in the Gazette be brought before Parliament for its approval. Anyregulation which is not so approved shall be deemed to be rescinded as from thedate of disapproval but without prejudice to anything previously done thereunder.Notification of the date on which a regulation is deemed to be rescinded shall hepublished in the Gazette.

This Act shall prevail over other written law

28. The provisions of this Act shall have effect notwithstanding anythingcontained in any other written law and accordingly in the event of any conflict orinconsistency between the provisions of this Act and such other written law, theprovisions of this Act shall prevail.

Duration of this Act

29. The provisions of this Act shall be in operation for a period of three yearsfrom the date of its commencement.

Repeal of Law No. 16 of 1978

30. The Proscribing of Liberation Tigers of Tamil Eelarn and Other SimilarOrganizations Law, No. 16 of 1978, [Lapsed on 2 3rd May 1980] is herebyrepealed.

PART IX

Interpretation

Interpretation

31. (1) In this Act, unless the context otherwise requires--

"competent authority" means any person appointed by the Minister by name or byoffice to be a competent authority for the purposes of this Act;

"co-operative union or co-operative society" includes any society registered ordeemed to be registered under the Co-operative Societies Law;

"document" has the same meaning as in the Penal Code;

"explosives" has the same meaning as in the Explosives Act;

"firearms" has the same meaning as in the Firearms Ordinance;

"local authority" means any Municipal Council, Urban Council, Town Council orVillage Council and includes any Authority created and established by or underany law to exercise, perform and discharge powers, duties and functionscorresponding to or similar to the powers, duties and functions exercised,performed and discharged by any such Council;

"newspaper" includes any journal, magazine, pamphlet or other publication;

"offensive weapon" has the same meaning as in the Offensive Weapons Act;

.'organization" includes any movement, society, party, association or body orgroup of persons;

"printing press" includes any machinery, apparatus or plant capable of being usedfor printing, lithography, photography or other mode of representing orreproducing words in a visible form, or any type or other article belonging to suchmachinery, apparatus or plant;

"public corporation" means any corporation, board or other body which was or isestablished by or under any written law other than the Companies Ordinance,[Repealed and replaced by the Companies Act, No. 17 of 1982] with funds or

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capital wholly or partly provided by the Government by way of grant, loan or

otherwise;

"specified person" means

(a) the President;

(b) a Judge of the Supreme Court, Court of Appeal, High Court,District Court, Magistrate' s Court, Primary Court or any other Court ofFirst Instance;

(c) any representative or official of a foreign State or any official orother agent of an international organization of an inter-governmentalcharacter;

(d) a member of Parliament or of a local authority;

(e) any member of a commission established under the SpecialPresidential Commissions of Inquiry Law or under the Commissions ofInquiry Act;

(f) juror, counsel or officer of court; and

(g) any member of the Armed Forces, Police Force and any otherForces charged with the maintenance of public order; and

"unlawful activity" means any action taken or act committed by any meanswhatsoever, whether within or outside Sri Lanka, and whether such action wastaken or act was committed before or after the 24th day of July, 1979, inconnexion with the commission of any offence under this Act or any actcommitted prior to the 20th day of July, 1979, which act would, if committed aftersuch date, constitute an offence under this Act.

(2) All words and expressions used herein and defined in the Penal Code and nothereinbefore defined shall be deemed to have the meanings respectively attributedto them by that Code.

2. PREVENTION OF TERRORISM (TEMPORARY PROVISIONS)

(AMENDMENT) ACT No. 10 OF 1982

[Certified on 15th March 1982]

An Act to amend the Prevention of Terrorism (Temporary Provisions) Act, No. 48of 1979.

Be it enacted by the Parliament of the Democratic Socialist Republic of Sri Lankaas follows:

Short title

i. This Act may be cited as the Prevention of Terrorism (Temporary Provisions)(Amendment) Act, No. 10 of 1982.

Amendment of section 15 ofAct No. 48 of 1979

2. Section 15 of the Prevention of Terrorism (Temporary Provisions) Act, No.48 of 1979, hereafter in this Act referred to as the "principal enactment", is herebyamended as follows:

(1) by the renumbering of that section as subsection (1) of that section:and

(2) by the addition, immediately after the renumbered subsection (1) ofthat section, of the following new subsection:

"(2) Upon the indictment being received in the High Court against anyperson in respect of any offence under this Act or any offence to whichthe provisions of section 23 shall apply, the court shall, in every case,order the remand of such person until the conclusion of the trial.".

Insertion of a new section 15A in the principal enactment

3. The following new section is hereby inserted immediately after section 15,and shall have effect as section 15A, of the principal enactment:

"15A. (1) Where any person is on remand under the provisions ofsubsection (2) of section 15, or section 19 (a), notwithstanding any otherprovision of this Act or any other law, the Secretary to the Ministry ofthe Minister in charge of the subject of Defence may, if he is of opinionthat it is necessary, or expedient so to do, in the interests of nationalsecurity or public order, make Order, subject to such directions as maybe given by the High Court to ensure a fair trial of such person, that suchperson be kept in the custody of any authority, in such place and subjectto such conditions as may be determined by him having regard to suchinterests.

(2) Any Order made under subsection (1) shall be communicated to theHigh Court and to the Commissioner of Prisons and it shall be the dutyof such Commissioner, to deliver the custody of such person to theauthority specified in such order and the provisions of the PrisonsOrdinance shall cease to apply in relation to the custody of suchperson.".

Repeal of section 29 of the principal enactment

4. Section 29 of the principal enactment is hereby repealed.

Amendment of section 31 of the principal enactment

5. Section 31 of the principal enactment is hereby amended by the substitution,for the definition of "unlawful activity", of the following definition:

"unlawful activity" means any action taken or act committed by any means

whatsoever, whether within or outside Sri Lanka, and whether such action wastaken or act was committed before or after the date of coming into operation of allor any of the provisions of this Act in the commission or in connection with thecommission of any offence under this Act or any act committed prior to the date ofpassing of this Act, which act would, if committed after such date, constitute anoffence under this Act.'.

Retrospective effect of amendment

6. (1) The amendment made to the principal enactment by section 5 of this Actshall be deemed for all purposes to have come into force on July 24, 1979.

(2) Every Order made under the provisions of the principal enactment shall bedeemed for all purposes to have been made under the provisions of the principalenactment as amended by this Act.

(3) Where any question of interpretation of any provision of the principalenactment arises in any proceeding or matter pending in any court such questionshall be determined in accordance with the provisions of the principal enactmentas amended by this Act.

3. PREVENTION OF TERRORISM (TEMPORARY PROVISIONS)(AMENDMENT) ACT No. 22 OF 1988

[Certified on 15th July, 1988]

An Act to Amend the Prevention of Terrorism (Temporary Provisions) Act, No. 48of 1979

Be it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka

as follows:

Short title

1. This Act may he cited as the Prevention of Terrorism (Temporary Provisions)(Amendment) Act, No. 22 of 1988.

Amendment of section 15 ofAct No. 48 of 1979

2. Section 15 of the Prevention of Terrorism (Temporary Provisions) Act, No.48 of 1979, is hereby amended by the repeal of subsection (1) of that section andthe substitution, of the following subsection therefor:

"(1) Every person who commits an offence under this Act shall hetriable without a preliminary inquiry, on an indictment before a Judge ofthe High Court sitting alone without a jury or before the High Court atBar by three Judges without a jury, as may be decided by the ChiefJustice. The provisions of sections 450 and 451 of the Code of CriminalProcedure Act, No. 15 of 1979, shall, mutatis mutandis, apply to the trialof offences under this Act by the High Court at Bar and to appeals fromjudgements, sentences and orders pronounced at any such trial held bythe High Court at Bar.".

4. OFFENCES AGAINST AIRCRAFT ACT, NO. 24 OF 1982

[Certified on 26th July, 1982]

An Act to give effect to certain Conventions relating to the Safety of Aircraft towhich Sri Lanka has become a party, namely -

(a) The Convention on Offences and Certain Other Acts CommittedOn Board Aircraft, Signed at Tokyo on September 14, 1963;

(b) The Convention for the Suppression of Unlawful Seizure ofAircraft, Signed at The Hague on December 16, 1970; and

(c) The Convention for the Suppression of Unlawful Acts against the

Safety of Civil Aviation, Signed at Montreal on September 23, 1971,

and to provide for matters connected therewith.

Preamble

Whereas Sri Lanka is a party to the aforesaid Conventions:

And Whereas by these Conventions certain acts committed against, or in relationto, aircraft are recognized to be criminal according to the general principles of lawrecognized by the community of Nations:

And Whereas, it is obligatory on Sri Lanka by international law, to provide for thepunishment of these acts under the law of Sri Lanka:

Be it therefore enacted by the Parliament of the Democratic Socialist Republic of

Sri Lanka as follows:

Short title and dates of operation

I. (1) This Act may be cited as the Offences against Aircraft Act, No. 24 of1982.

(2) The provisions of section 2 and Part I of this Act shall come into operation on

the date of enactment of this Act.

(3) The provisions of Part II of this Act shall be deemed for all purposes to havecome into operation on July 3, 1978, being the date on which -

(a) the Convention for the suppression of unlawful seizure of aircraft,signed at the Hague on December 16, 1970; and

(b) the Convention for the suppression of unlawful acts against thesafety of Civil Aviation, signed at Montreal on September 23, 1971,

entered into force in respect of Sri Lanka, and accordingly any person who has

committed, on or after July 3, 1978, any act or omission which constitutes anoffence under that Part shall be liable to be tried and punished for such offenceunder the provisions of that Part.

Competent Authority

2. The Director of Civil Aviation appointed under the Air Navigation Act, shallbe the Competent Authority for the purposes of this Act.

PART I

Minister to certify contracting states to the convention

3. The Minister may, by Order published in the Gazette, certify which are the

contracting states for the purposes of the Convention. Every such Order shall beconclusive evidence of the matters so certified.

Jurisdiction of courts over offences committed on board Sri Lanka aircraft

4. (1) Any act or omission committed, or taking place, on board a Sri Lankaaircraft in flight or on the surface of the high seas or of any other area outside the

territory of any state, which if committed or taking place in Sri Lanka would haveconstituted an offence under the law of Sri Lanka, shall constitute that offence,whether such act or omission is committed by a citizen of Sri Lanka or not.

386

(2) Where an offence under the law of Sri Lanka is committed on board a SriLanka aircraft in flight or on the surface of the high seas or of any other areaoutside the territory of any state (not being an offence of a political nature or basedon racial or religious discrimination), such offence shall, if it is an offence which ifcommitted in Sri Lanka would have been triable under the law of Sri Lanka -

(a) by a Magistrate's Court, be tried by the Magistrate's Court ofColombo;

or

(b) by the High Court, be tried by the High Court holden in the judicialzone of Colombo.

Commander of a Sri Lanka aircraft deemed to be a peace officer within themeaning Code of Criminal Procedure Act

5. Every Commander of a Sri Lanka aircraft shall be deemed to be a peaceofficer within the meaning of the Code of Criminal Procedure Act, No. 15 of 1979,and may exercise, in relation to any offence referred to in section 4, any powerconferred on a peace officer by that Act.

Provisions of Chapter III of the Convention to have force of law in Sri Lanka

6. (1) The provisions of the Schedule to this Act, being the provisions ofChapter III of the Convention, shall have force of law in Sri Lanka, so far as thoseprovisions relate to the powers of a Commander of a Sri Lanka aircraft in relationto offences and acts committed on board such aircraft when such aircraft is inflight or on the surface of the high seas or of any other area outside the territory ofa state.

(2) In the event of any inconsistency between the provisions of the Schedule tothis Act and the provisions of any other law, the provisions of that Schedule shallprevail over such other law.

Resistance and obstruction of aircraft Commander exercising powers conferred onhim by the provisions of the Schedule to be an offence

7. Any person who resists or obstructs the Commander of a Sri Lanka aircraft inthe exercise of any powers conferred on him by the provisions of the Schedule tothis Act shall be guilty of an offence under this Part of this Act.

Refusal or failure to assist aircraft Commander to be an offence

8. Any member of the crew of a Sri Lanka aircraft who fails or refuses to assistthe Commander of the aircraft to restrain any person on board that aircraft whenrequired or authorized to do so by such Commander in the exercise of any powers

conferred on him by the provisions of Article 6 of the Schedule to this Act shall beguilty of an offence under this Part of this Act.

Failure of aircraft Commander to report disembarkation of offender or to notifythe intention to deliver offender, to be an offence

9. The Commander of a Sri Lanka aircraft who fails to comply with theprovisions of-

(a) section 2 of Article 8; or

(b) section 2 of Article 9,

of the Schedule to this Act shall be guilty of an offence under this Part of this Act.

Offences under this Part of this Act

10. (1) Any person who is guilty of an offence under this Part of this Act shall,on conviction after summary trial before a Magistrate, be liable to imprisonmentfor a term not exceeding one year and to a fine not exceeding two thousand rupees.

(2) Where a power is conferred or a duty imposed, by the Code of CriminalProcedure Act, No. 15 of 1979, on a Magistrate in respect of an offence triable bythe High Court, such power or duty shall, in relation to an offence under this Partof this Act, be exercised and performed by the Magistrate's Court of Colombo.

Commander of aircraft registered in contracting state to be allowed to disembarkor deliver persons in accordance with the Convention

11. Where the Commander of an aircraft registered in a contracting state notifiesthe appropriate authorities in Sri Lanka that he intends to disembark any person inaccordance with the provisions of Article 8 of the Schedule to this Act or todeliver any person in accordance with Article 9 of the Schedule, such Commandershall be allowed to land his aircraft in Sri Lanka and to disembark or deliver suchperson. The appropriate authorities in Sri Lanka shall take charge of any person sodisembarked or delivered.

Duties of the Competent Authority on the delivery of a person

12. (1) Where any person is delivered in accordance with the provisions ofArticle 9 of the Schedule to this Act to the appropriate authorities in Sri Lanka bythe Commander of an aircraft registered in a contracting state, the CompetentAuthority shall -

(a) make a preliminary inquiry into the facts;

(b) assist the person so delivered in communicating with the nearestappropriate representative of the state of which such person is a national;

(c) notify -

(i) the contracting state in which such aircraft is registered;

(ii) the state of nationality of the person so delivered, if suchperson is not a national of Sri Lanka;

(iii) any other interested state,

of the fact that such person has been so delivered and the circumstancesthat warrant his detention.

(2) Upon the conclusion of the preliminary inquiry referred to in paragraph (a) ofsubsection (1), the Competent Authority shall report his findings to the statesreferred to in paragraph (c) of that subsection and shall indicate to them whetherSri Lanka intends to exercise jurisdiction over the offence to which the preliminaryinquiry relates.Person disembarked or delivered to be allowed to leave Sri Lanka if no criminal

or extradition proceedings are instituted against

13. Where no -

(a) criminal proceedings are instituted against; or

(b) proceedings are commenced for the extradition of,

any person disembarked in accordance with Article 8 of the Convention, ordelivered in accordance with Article 9 of the Convention by the Commander of anaircraft registered in a contracting state and such person desires to continue hisjourney, he shall be allowed to proceed to a destination of his choice. If however,such person does not desire to continue his journey, the Competent Authority may,if such person is not a citizen of Sri Lanka, return him to the state of which he is anational or permanent resident or to the state from which he commenced hisjourney by air.

Disembarkation or delivery not deemed to be permission to enter Sri Lanka

14. A person shall not be deemed, by reason only of his having been delivered tothe appropriate authorities in Sri Lanka in accordance with Article 9 of theConvention or his having been disembarked in Sri Lanka in accordance withArticle 8 of the Convention, to have been allowed to enter Sri Lanka.

Offences committed on aircraft registered in a contracting state deemed to becommitted in that state

15. Any act committed on board an aircraft registered in a contracting state,which constitutes an offence under the law of that state shall, for the purposes ofthe Extradition Law, No. 8 of 1977, be deemed to have been committed statewithin the jurisdiction of that state.

Interpretation

16. In this Part of this Act-

"Convention" means the Convention on offences and certain other acts committedon board aircraft signed at Tokyo on September 14, 1963;

"contracting state" means a state which is a party to the Convention;

"in flight" in relation to an aircraft means the period of time commencing at themoment when power is applied for the purpose of take-off of the aircraft andending at the moment when the landing run ends;

"Sri Lanka aircraft" means an aircraft registered in Sri Lanka under the AirNavigation Act, not being an aircraft used in military, customs or police services.

PART II

Offences on board or against aircraft

17. (1) Any person who -

(a) on board a Sri Lanka aircraft in flight, unlawfully by force or threatthereof or any other form of intimidation, seizes, or exercises control of,that aircraft;

(b) unlawfully and intentionally performs any such act of violenceagainst a person on board a Sri Lanka aircraft in flight as is likely toendanger the safety of that aircraft; or

(c) unlawfully and intentionally destroys a Sri Lanka aircraft inservice; or

(d) unlawfully and intentionally causes such damage to a Sri Lankaaircraft in service as renders it incapable of flight or as is likely toendanger its safety in flight; or

(e) unlawfully and intentionally places or causes to be placed in a SriLanka aircraft in service by any means whatsoever, any device orsubstance which is likely to -

(i) destroy that aircraft; or

(ii) cause such damage to it as to render it incapable of flightor as is likely to endanger the safety of a Sri Lankaaircraft in flight; or

(f) unlawfully and intentionally causes such damage or destruction to,or makes such interference with the and operation of, any air navigationfacilities, used in international air navigation as is likely to endanger thesafety of a Sri Lanka aircraft in flight; or

(g) unlawfully and intentionally communicates information which heknows to be false endangering the safety of a Sri Lanka aircraft in flight,

shall be guilty of an offence under this Part of this Act and shall be liable, onconviction after trial before the High Court holden at Colombo, to imprisonmentfor life.

(2) Any person who attempts to commit, or abets the commission of, an offenceunder subsection (1) shall be guilty of an offence under this Part of this Act andshall be liable, on conviction after trial before the High Court holden at Colombo,to the same punishment as is prescribed for the first-mentioned offence.

In this subsection, "abet" has the same meaning as in sections 100 and 101 of thePenal Code.

(3) An offence under this Part of this Act shall be tried before the High Courtholden in the judicial zone of Colombo.

Offences under this Part of this Act to be cognizable and non-bailable

18. (1) Notwithstanding anything to the contrary in the Code of CriminalProcedure Act, No. 15 of 1979, every offence under this Part of this Act shall be -

(a) a cognizable offence;

(b) a non-bailable offence,

within the meaning, and for the purposes, of that Act; and so long as the CriminalProcedure (Special Provisions) Law, No. 15 of 1978, is in force every such offenceshall be deemed to be included in the First Schedule to that Law.(2) Where a power is conferred or a duty imposed, by the Code of Criminal

Procedure Act, No. 15 of 1979, on a Magistrate in respect of an offence triable by

391

the High Court, such power or duty shall, in relation to an offence under this Partof this Act, be exercised and performed by the Magistrate's Court of Colombo.

Acts committed on board, or in relation to, a foreign aircraft deemed to beoffences

19. (1) Any person, whether he is a citizen of Sri Lanka or not, who commits,on board, or in relation to, a foreign aircraft, outside Sri Lanka, any act referred toin paragraph (a) or paragraph (b) or paragraph (c) or paragraph (d) or paragraph (e)or paragraph (f) or paragraph (g) of subsection (1) of section 17 shall be guilty ofan offence under this Part of this Act and shall be liable, on conviction after trialbefore the High Court, to imprisonment for life.

(2) Any person who attempts to commit, or abets the commission of, an offenceunder subsection (1) shall be guilty of an offence under this Part of this Act andshall be liable, on conviction after trial before the High Court, to the samepunishment as is prescribed for the first-mentioned offence.


(3) No Court in Sri Lanka shall have jurisdiction to try an offence under thissection except in the following cases,that is to say-

(a) where the act constituting the offence is committed in Sri Lanka; or

(b) where the foreign aircraft on board which, or in relation to which,the act constituting the offence is committed lands in Sri Lanka with thealleged offender on board; or

(c) where the foreign aircraft on board which, or in relation to which,the act constituting such offence is committed, has been leased withoutcrew, to a lessee who has his principal place of business in Sri Lanka, or(if he has no such place of business), has his permanent residence in SriLanka; or

(d) where the act constituting such offence is an act referred to inparagraph (a) or paragraph (b) or paragraph (c) or paragraph (d) orparagraph (e) of subsection (1) of section 17 committed in relation to aforeign aircraft, or the attempt to commit, or the abetment of thecommission of, any such act, if the person committing such act is presentin Sri Lanka.

Competent Authority to make preliminary inquiry on the arrest of any personunder this Part of this Act

20. Where any person is arrested for an offence under this Part of this Act theCompetent Authority shall make a preliminary inquiry into the facts and shall, ifthe person arrested is not a national of Sri Lanka, assist him in communicatingwith the nearest appropriate representative of the state of which he is a national.

Duties of the Competent Authority

21. (1) Where any person is arrested for an offence under this Part of this Act,the Competent Authority shall -

(a) if such person is not a national of Sri Lanka, notify the state ofnationality of that person;

(b) if the aircraft on board, or in relation to, which such offence wascommitted is a foreign aircraft, notify the state of registration of thataircraft;

(c) if the aircraft on board, or in relation to, which such offence wascommitted has been leased without crew to a lessee, notify the state inwhich such lessee has his principal place of business, or if he has nosuch place of business, notify the state in which such lessee has hispermanent residence;

(d) notify any other interested state,

of the fact that such person is under arrest and the circumstances which warrant hisdetention.

(2) Upon the conclusion of the preliminary inquiry referred to in section 20, theCompetent Authority shall report his findings to the states referred to in subsection(1) and shall indicate whether Sri Lanka intends to exercise jurisdiction over theoffence to which the preliminary inquiry relates.

Amendment of Extradition Law, No. 8 of 1977

22. (1) The Extradition Law, No. 8, of 1977, is hereby amended in the Scheduleto that Law, by the addition, at the end thereof, of the following:

"(32) Unlawful seizure, or exercise of control, of an aircraft in flight.

(33) Acts of violence against a person on board an aircraft in flightlikely to endanger the safety of that aircraft.

(34) Destruction of, or danger to, an aircraft in service as is likely toendanger its safety in flight.

(35) Placing of device or substance on aircraft in service likely tocause destruction or damage to such aircraft.

(36) Destruction of, damage to, or interference with, air navigationfacilities used for international air navigation.

(37) Communication of false information endangering the safety of

aircraft.".

(2) The amendment made to the Extradition Law, No. 8 of 1977, by subsection(1) of this section shall be deemed to have come into force on July 13, 1978.

Convention to constitute extradition arrangement between the Government of SriLanka and the Governments of states which are parties to the Hague and MontrealConventions

23. (1) The Hague Convention shall be deemed, for the purposes of section 3 ofthe Extradition Law, No. 8 of 1977, to be an extradition arrangement between theGovernment of Sri Lanka and the Government of a state which is a party to suchConvention, and the Minister shall, notwithstanding anything in section 4 or anyother provision of that Law, be deemed to have made an Order under section 3 ofthat Law in respect of that state with effect from -

(a) July 3, 1978, if such Convention entered into force in respect ofsuch state prior to July 3, 1978; or

(b) the date on which such Convention entered into force in respect ofsuch state, after July 3, 1978.

Every such Order shall be deemed to have been approved by Parliament and shallbe final and conclusive for all purposes. Any state in respect of which an Order isdeemed to have been made under this subsection, shall, for the purposes of thatLaw be deemed to be a treaty state.

(2) The Montreal Convention shall be deemed for the purposes of section 3 of theExtradition Law, No. 8 of 1977, to be an extradition arrangement between theGovernment of Sri Lanka and the Government of a state which is a party to suchConvention, and the Minister shall, notwithstanding anything in section 4 or anyother provision of that Law, be deemed to have made an Order under section 3 ofthat Law in respect of that state with effect from -

(a) July 3, 1978, if such Convention entered into force in respect ofsuch state prior to July 3, 1978; or

(b) the date on which such Convention entered into force in respect ofsuch state, if such Convention entered into force in respect of such stateafter July 3, 1978.

Every such Order shall be deemed to have been approved by Parliament and shallbe final and conclusive for all purposes. Any state in respect of which an Order isdeemed to have been made under this subsection, shall, for the purposes of thatLaw, be deemed to be a treaty state.

(3) A certificate under the hand of the Secretary to the Ministry of the Minister incharge of the subject of Foreign Affairs to the effect that any state is a party to theHague Convention or the Montreal Convention or specifying the date on whichany such Convention entered into force in respect of any state, shall be admissiblein evidence in any proceedings under the Extradition Law, No. 8 of 1977, andshall be conclusive evidence of the matters stated therein.

Provision regarding extradition

24. Any act committed on board, or in relation to, an aircraft, which constitutes -

(a) an offence under this Part of this Act; and

(b) an offence under the law of any other state,

shall be deemed for the purposes of the Extradition Law, No. 8 of 1977, to be anact committed not only within the jurisdiction of the state in which such act wascommitted but also within the jurisdiction of such other state.

Special provision relating to extradition

25. (1) For the resolution of doubts, it is hereby declared that where a request ismade under the Extradition Law, No. 8 of 1977, for the extradition of a personaccused of an offence referred to in this Part of the Act and alleged to have beencommitted at any time after July 3, 1978, such offence is, for the purposes of theExtradition Law, No. 8 of 1977, an extraditable offence.

(2) Nothing in section 7 (3) of the Extradition Law, No. 8 of 1977, shall apply to,or in relation to, a person for whose extradition a request has been made by atreaty state under that Law if there is provision in the law of that state for securing,or if the Secretary to the Ministry of the Minister in charge of the subject ofForeign Affairs certifies that the Government of that state has given anundertaking, that such person will not be arrested, detained, remanded or otherwisedealt with in that state for or in respect of any offence committed before hisextradition, other than -

(a) the offence in respect of which the request for extradition has beenmade;

(b) any lesser offence proved by the facts established before the courtof committal; or

(c) any other offence, being an extraditable offence in respect of which

the Government of Sri Lanka may consent to his being so dealt with.

Interpretation

26. In this Part of this Act -

"foreign aircraft" means an aircraft registered in a state other than Sri Lanka, notbeing an aircraft used in military, customs or police services;

"Hague Convention" means the Convention for the suppression of unlawfulseizure of aircraft signed at the Hague on December 16, 1970;

"in flight" in relation to an aircraft, means the period commencing at the momentwhen the external doors of the aircraft are closed following embarkation andending at the moment when any such door is opened for the purposes ofdisembarkation; and includes a period commencing at the moment when theaircraft makes a forced landing during the flight and ending at the moment whenthe appropriate authorities take over responsibility for that aircraft and for thepersons and property, on board the aircraft;

"in service" in relation to an aircraft, means the period commencing at the momentwhen the aircraft is prepared for a specific flight by ground personnel or the aircrew of the aircraft and ending at the expiration of twenty-four hours from themoment when the aircraft makes a landing and includes a period during which theaircraft is in flight;

"Montreal Convention" means the Convention for the suppression of unlawful actsagainst the safety of Civil Aviation signed at Montreal on September 23, 1971.

"Sri Lanka aircraft" means an aircraft registered in Sri Lanka under the AirNavigation Act, not being an aircraft used in military, customs or police services.

Schedule

Chapter III of the Convention on Offences and certain other Acts Committed onBoard Aircraft, Signed at Tokyo on 14 September 1963

Powers of the Aircraft Commanders

Article 5

1. The provisions of this Chapter shall not apply to offences and acts committedor about to be committed by a person on board an aircraft in flight in the airspaceof the State of registration or over the high seas or any other area outside the

396

territory of any State unless the lost point of take-off or the next point of intendedlanding is situated in a State other than that of registration, or the aircraftsubsequently flies in the airspace of a State other than that of registration with suchperson still on board.

2. Notwithstanding the provisions of Article 1, paragraph 3, an aircraft shall forthe purposes of this Chapter, be considered to be in flight at any time from themoment when all its external doors are closed following embarkation until themoment when any such door is opened for disembarkation. In the case of a forcedlanding, the provisions of this Chapter shall continue to apply with respect tooffences and acts committed on board until competent authorities of a State takeover the responsibility for the aircraft and for the persons and property on board.

Article 6

1. The aircraft commander may, when he has reasonable grounds to believe thata person has committed, or is about to commit, on board the aircraft, an offence oract contemplated in Article 1, paragraph 1, impose upon such person reasonablemeasures including restraint which are necessary:

(a) to protect the safety of the aircraft, or of persons or property

therein; or

(b) to maintain good order and discipline on board; or

(c) to enable him to deliver such person to competent authorities or todisembark him in accordance with the provisions of this Chapter.

2. The aircraft commander may require or authorize the assistance of other crewmembers and may request or authorize, but not require, the assistance ofpassengers to restrain any person whom he is entitled to restrain. Any crewmember or passenger may also take reasonable preventive measures without suchauthorization when he has reasonable grounds to believe that such action isimmediately necessary to protect the safety of the aircraft, or of persons orproperty therein.

Article 10

For actions taken in accordance with this Convention, neither the aircraftcommander, any other member of the crew, any passenger, the owner or operatorof the aircraft, nor the person on whose behalf the flight was performed shall beheld responsible in any proceeding on account of the treatment undergone by theperson against whom the actions were taken.

5. SAARC REGIONAL CONVENTION ON SUPPRESSION OFTERRORISM ACT, No. 70 OF 1988

[Certified on I Ith December, 1988]

An Act to make provision to give effect to the South Asian Association forRegional Co-operation Regional Convention on Suppression of Terrorism; and formatters connected therewith or incidental thereto.

Whereas a Regional Convention for the Suppression of Terrorism was signed onbehalf the Government of Sri Lanka and the other member states of the SouthAsian Association for Regional Co-operation at Kathmandu, on the fourth day ofNovember, Nineteen Hundred and Eighty-seven, and came into force on August22nd, 1988, upon the deposit of instruments of ratification in accordance with theprovisions of the aforesaid Convention:

And whereas it is necessary to make legal provision to give effect to the provisionsof the aforesaid Convention:

Now therefore, be it enacted by the Parliament of the Democratic Socialist

Republic of Sri Lanka as follows:

Short title

I. This Act may be cited as the SAARC Regional Convention on Suppression ofTerrorism Act, No. 70 of 1988.

Part IAmendments to the Extradition Law, No. 8 of 1977

Amendments to the Schedule to Extradition Law

2. The Schedule to the Extradition Law, No. 8 of 1977, is hereby amended bythe addition, at the end of the Schedule thereto, of the following Part:

"Part B

(a) An offence within the scope of the Convention for the Suppressionon Unlawful Seizure of Aircraft, signed at Hague on December 16,1970;

(b) An offence within the scope of the Convention for the Suppressionof Unlawful Acts against the Safety of Civil Aviation, signed atMontreal on September 23, 1971;

(c) An offence within the scope of the Convention on the Preventionand Punishment of Crimes against Internationally Protected Persons,including Diplomatic Agents, signed at New York on December 14,1973;

(d) An offence within the scope of any Convention to which theSAARC member States are parties and which obliged the parties toprosecute or grant extradition;

(e) Murder, culpable homicide not amounting to murder, assaultcausing bodily harm, kidnapping, hostage-taking and offences relating tofirearms, weapons, explosives and dangerous substances when used as ameans to perpetrate indiscriminate violence involving death or seriousbodily injury to persons or serious damage to property.".

laterpretation

3. Notwithstanding anything in the Extradition Law, No. 8 of 1977, an offencespecified in Part B of the Schedule to that Law and the First Schedule to this Actshall for the purpose of that Law, be deemed not to be an offence of a politicalcharacter or an offence connected with a political offence or an offence inspired bypolitical motives, for the purposes only of extradition of any person accused orconvicted of any such offence, as between the Government of Sri Lanka and anystate specified in the Second Schedule to this Act.

Part IIProvision regarding Extradition Arrangements

Existing extradition arrangements with certain SAARC States deemed to providefor offences in the Schedule

4. Where there is an extradition arrangement made by the Government of SriLanka with any State specified in the Second Schedule to this Act, in force on thedate of commencement of this Act, such arrangement shall be deemed, for thepurposes of the Extradition Law, No. 8 of 1977, to include provision forextradition in respect of the offences specified in the First Schedule to this Act.

Minister may treat Convention as an extradition arrangement between Sri Lankaand certain SMARC States in respect of offences in the Schedule

5. Where there is no extradition arrangement made by the Government of SriLanka with any State specified in the Second Schedule to this Act, in force on thedate of commencement of this Act, the Minister may, by Order published in theGazette, treat the Convention, for the purposes of the Extradition Law, No. 8 of1977, as an extradition arrangement made, by the Government of Sri Lanka with

that State providing for extradition in respect of the offences specified in the FirstSchedule to this Act.

Duty of Minister to notify requesting country of measures taken against personswhose extradition request is made

6. (1) Where a request is made to the Government of Sri Lanka, by or onbehalf of the Government of a State specified in the Second Schedule to this Actfor the extradition of any person accused or convicted of an offence specified inthe First Schedule to this Act, the Minister shall, on behalf of the Government ofSri Lanka forthwith notify the Government of the requesting State of the measureswhich the Government of Sri Lanka has taken, or proposes to take, for theprosecution or extradition of that person for that offence.

(2) Where it is decided that no order should be made under the Extradition Law,No. 8 of 1977, for the extradition of any person accused or convicted of an offencespecified in the First Schedule to this Act, pursuant to a request for his extraditionunder that Law by the Government of a State specified in the Second Schedule tothis Act, the case shall be submitted to the relevant authorities so that prosecutionfor the offence which such person is accused of, or other appropriate action maybe considered.

Part III

Jurisdiction for Purposes of Criminal Proceedings

Jurisdiction

7. If any person, whether a citizen of Sri Lanka or not, does in a conventioncountry any act, which if done in Sri Lanka, would have constituted an offencespecified in the First Schedule to this Act, such person shall be guilty in Sri Lanka,of the offence constituted by the commission of that act in Sri Lanka.

Jurisdiction for offences committed outside Sri Lanka

8. (1) If a person who is a national of a convention country but not a citizen ofSri Lanka, does outside Sri Lanka and that convention country, any act whichmakes him guilty of an offence in that convention country and which, had he beena citizen of Sri Lanka, would have made him guilty of an offence specified in theFirst Schedule to this Act, he shall be guilty of the offences aforesaid, of which theact would have made him guilty, if he had been such a citizen of Sri Lanka.

(2) If a citizen of Sri Lanka does outside Sri Lanka or any convention countryany act which, if such act had been committed in Sri Lanka, would have made himguilty of an offence specified in the First Schedule to this Act, he shall be guilty ofan offence aforesaid, as if such act had been committed in Sri Lanka.

In this section "convention country" means any State referred to in the SecondSchedule to this Act.

Jurisdiction of the High Court

9. (1) The High Court of Sri Lanka is hereby vested with jurisdiction to try theoffences referred to in sections 7 and 8.

(2) The jurisdiction vested in the High Court by sub-section (1) shall be exercisedby the High Court of Sri Lanka holden at Colombo.

First Schedule

(Sections 4 and 5)

List of Offences Referred to in Article I of the Convention

(a) An offence within the scope of the Convention for the Suppressionof Unlawful Seizure of Aircraft, signed at the Hague on December 16,1970.

(b) An offence within the scope of the Convention for the Suppressionof Unlawful Acts against the Safety of Civil Aviation, signed atMontreal on September 23, 1971.

(c) An offence within the scope of the Convention on the Prevention ofCrimes against Internationally Protected Persons, including DiplomaticAgents, signed at New York on December 14, 1973.

(d) An offence within the scope of any Convention to which theSAARC member States concerned are parties and which obliges theparties to prosecute or grant extradition.

(e) Murder, manslaughter, assault causing bodily harm, kidnapping,hostage taking and offences relating to firearms, weapons, explosivesand dangerous substances when used as a means to perpetrateindiscriminate violence involving death, or serious bodily injury topersons or serious damage to property.

(f) An attempt or conspiracy to commit an offence described insub-paragraphs (a) to (e), aiding, abetting or counselling the cormnissionof such an offence, participating as an accomplice in the offences sodescribed.

Second Schedule(Section 6)

Member States of the South Asian Association for Regional Co-operation

Peoples' Republic of BangladeshKingdom of Bhutan.Republic of India.Republic of Maldives.Kingdom of Nepal.Islamic Republic of Pakistan.

6. SUPPRESSION OF UNLAWFUL ACTS OF VIOLENCE ATAIRPORTS SERVING INTERNATIONAL CIVIL AVIATION ACT

NO. 31 of 1996

[Certified on 12h November, 1996]

An Act to give effect to the Protocol for the Suppression of Unlawful Acts ofViolence at Airports Serving International Civil Aviation, Supplementary to theConvention for the Suppression of Unlawful Acts against the Safety of CivilAviation, signed at Montreal on September 23, 1971; and to provide for mattersconnected therewith or incidental thereto.

Whereas a Protocol for the Suppression of Unlawful Acts of Violence at AirportsServing International Civil Aviation, supplementary to the Convention for theSuppression of Unlawful Acts against the Safety of Civil Aviation, signed atMontreal on Twenty-third day of September, Nineteen Hundred and Seventy-one,was signed at Montreal on the twenty-fourth day of February, Nineteen Hundredand Eighty-eight;

And whereas the said Protocol for the Suppression of Unlawful Acts of Violenceat Airports Serving International Civil Aviation, supplementary to the Conventionfor the Suppression of Unlawful Acts Against the Safety of Civil Aviation signedat Montreal on September 23, 1971 (hereinafter referred to as "The Convention")was acceded to by the Government of Sri Lanka on the twenty-eighth day ofOctober, Nineteen Hundred and Eighty-eight;

And whereas legal provision has been made to give effect to the Convention in SriLanka and it is necessary to make further legal provision to give effect to theprovisions of the said Protocol in Sri Lanka.

Now therefore, be it enacted by the Parliament of the Democratic SocialistRepublic of Sri Lanka as follows:

Short title and date of operation

1. This Act may be cited as the Suppression of Unlawful Acts of Violence atAirports Serving International Civil Aviation Act, No. 31 of 1996 and shall comeinto operation on such date as the Minister, by Order published in the Gazettecertifies as the date on which the Protocol on the Suppression of Unlawful Acts ofViolence at Airports Serving International Civil Aviation signed at Montreal onthe twenty-fourth day of February, Nineteen Hundred and Eighty-eight enters intoforce in respect of Sri Lanka.

Part I

Minister to certify convention countries

2. The Minister may, from time to time, by Order published in the Gazette,certify the countries which are parties to the Convention. A country in respect ofwhich an Order made under this section is in force, is hereinafter referred to as "aconvention country".

Offence against the safety of civil aviation

3. (1) Any person who, unlawfully and intentionally, using any device,substance or weapon -

(a) performs an act of violence against a person at an airport servinginternational civil aviation, whether in, or outside Sri Lanka, whichcauses is likely to cause, serious injury or death; or

(b) destroys or seriously damages the facilities of an airport servinginternational civil aviation, whether in, or outside Sri Lanka, or anaircraft not in service located thereon or disrupts the services of suchairport,

being in each case an act which endangers or is likely to endanger the safety atsuch airport, shall be guilty of an offence under this Act and shall on convictionafter trial on indictment before the High Court, be liable to imprisonment of eitherdescription for a term which may extend to fifteen years or to a fine not exceedingtwo hundred thousand rupees, or to both such fine and imprisonment.


4. (1) The High Court of Sri Lanka is hereby vested with jurisdiction to hear,try and determine any offence under this Act.

(2) The jurisdiction vested in the High Court by sub-section (1) shall be exercised

by the High Court of Sri Lanka holden at Colombo.

Evidence

5. In any prosecution for an offence under this Act, a certificate under the hand

of the Secretary to the Ministry of the Minister in charge of the subject of Foreign

Affairs, to the effect that the airport described therein is an airport serving

international civil aviation, shall be admissible in evidence without further proofand shall be primafacie evidence of the matters stated therein.

Part II

Amendment of the Extradition Law No. 8 of 1977

6. The Extradition Law, No. 8 of 1977, is hereby amended in the Schedule tothat Law, by the insertion, immediately at the end thereof, of the following:

"40 (a) An act of violence by the use of any device, substance, orweapon, against a person at an airport serving international civilaviation within the meaning of the Suppression of Unlawful Acts ofViolence at Airports Serving International Civil Aviation Act, No. 31 of1996, which causes, or is likely to cause serious injury or death, and

being an act which endangers or is likely to endanger, safety of suchairport.

(b) Destruction or serious damage to the facilities of an airport servinginternational civil aviation within the meaning of the Suppression ofUnlawful Acts of Violence at Airports Serving International CivilAviation Act, No. 31 of 1996 or aircraft not in service located thereon orthe disruption or services of such airport, and being an act whichendangers or is likely to endanger safety of such airport. ".

Existing extradition arrangement deemed to provide for offences in the Schedule

7. Where there is an extradition arrangement in force, between the Governmentof Sri Lanka and a convention country, such arrangement shall be deemed, for thepurposes of the Extradition Law, No. 8 of 1977 to include provision for extraditionin respect of offences set out in the Schedule to this Act.

Minister may treat convention as extradition arrangement between Sri Lanka andconvention country in respect of offences in the Schedule

8. Where there is no extradition arrangement in force, between the Governmentof Sri Lanka and a convention country, the Minister may, for the purposes of the

Extradition Law, No. 8 of 1977, by Order published in the Gazette, treat theConvention including the Protocol as an extradition arrangement made by theGovernment of Sri Lanka with such convention country providing for extraditionin respect of the offences set out in the Schedule to this Act.

Duty of Minister to notify requesting State of Measures taken against persons forwhose extradition request is made

9. Where a request is made to the Government of Sri Lanka by or on behalf of theGovernment of a convention country for the extradition of any person accused orconvicted of an offence specified in the Schedule to this Act the Minister shall, onbehalf of the Government of Sri Lanka, forthwith notify the Government of therequesting State of the measures which the Government of Sri Lanka has taken, orproposes to take, for the prosecution or extradition of that person for that offence.

Sinhala text to prevail in case of inconsistency

10. In the event of any inconsistency between the Sinhala and the Tamil texts ofthis Act, the Sinhala text shall prevail.

Schedule[Sections 7 and 8]

1. An act of violence committed unlawfully and intentionally, using any device,substance or weapon, against a person at an airport serving international civilaviation, which causes, or is likely to cause, serious injury or death and whichendangers, or is likely to endanger, the safety of such airport.

2. Destruction or serious damage to the facilities of an airport servinginternational civil aviation or aircraft not in service located thereon or disruption ofservices of such airport, unlawfully and intentionally, and by the use of any device,substance or weapon and which endangers, or is likely to endanger, safety at suchairport.

7. SUPPRESSION OF TERRORIST BOMBINGS ACT NO. 11 of 1999

AN ACT TO GIVE EFFECT TO THE CONVENTION FOR THESUPPRESSION OF TERRORIST BOMBINGS; AND FOR MATTERSCONNECTED THEREWITH OR INCIDENTAL THERETO

WHEREAS a Convention for the suppression of terrorist bombings was adoptedby the United Nations General Assembly on the Fifteenth Day of DecemberNineteen Hundred and Ninety Seven and opened for signature in New York on thetwelfth day of January, Nineteen Hundred and Ninety-Eight:

AND WHEREAS the Government of Sri Lanka became a signatory to the

aforesaid Convention on the Twelfth Day of January Nineteen Hundred and

Ninety-Eight:

AND WHEREAS it is necessary for the Government of Sri Lanka to ratify theaforesaid Convention and to make legal provision to give effect to the provisionsof the aforesaid Convention in Sri Lanka:

NOW THEREFORE be it enacted by the Parliament of the Democratic SocialistRepublic of Sri Lanka as follows:

Short title and date of operation

1. This Act may be cited as the Suppression of Terrorist Bombings Act, No. 11of 1999 and shall come into operation on such date as the Minister, by Orderpublished in the Gazette, certifies as the date on which the Convention for theSuppression of Terrorist Bombings signed at New York on January 12,1998(hereinafter referred to as "the Convention") enters into force in respect of SriLanka.

Convention States

2. The Minister may, from time to time, by Order published in the Gazette,certify the States which are parties to the Convention. A state in respect of whichan Order is made under this section is hereinafter referred to as "a ConventionState".

Offence of terrorist bombing

3. (1) Any person who unlawfully and intentionally, delivers, places, dischargesor detonates, an explosive or other lethal device in, into, or against, a place ofpublic use, a state or government facility, a public transportation system or aninfrastructure facility with intent to-

(a) cause death or serious bodily injury; or

(b) cause extensive destruction of such place, facility or system, wheresuch destruction results in, or is likely to result in, major economic loss,

shall be guilty of an offence under this Act and shall on conviction after trial onindictment by the High Court, be punished with imprisonment for a term not lessthan fifteen years and not exceeding twenty years.

(2) Any person who-

(a) attempts to commit an offence under subsection (1);

(b) aids or abets in the commission of an offence under subsection (1);

(c) conspires with another person or a group of persons to commit anoffence under subsection (1),

shall be guilty of an offence under this Act and shall on conviction, after trial onindictment by the High Court be liable to the same punishment as is prescribed foran offence under subsection (1).


(3) The High Court shall have the jurisdiction to try an offence under subsection(1) or subsection (2) committed in any place outside the territory of Sri Lanka, inany of the following cases, that is to say, where -

(a) the person alleged to have committed the offence is a citizen of SriLanka or is a stateless person who has his habitual residence in SriLanka;

(b) the offence is committed against a citizen of Sri Lanka;

(c) the offence is committed against an embassy, diplomatic orconsular premises or other property, of the Government of Sri Lanka inany other country;

(d) the offence is committed with the intention of compelling theGovernment of Sri Lanka to do, or to refrain from doing, any act;

(e) the offence is committed on board an aircraft operated by the

Government of Sri Lanka.


4. The jurisdiction vested in the High Court to try offences under this Act shallbe exercised by the High Court of Sri Lanka holden at Colombo or the High Courtestablished by Article 154p of the Constitution for the Western Province.

Rights of certain persons arrested for offences under this Act

5. Where a person who is not a citizen of Sri Lanka is arrested for an offenceunder this Act, such person shall be entitled-

(a) to communicate without delay, with the appropriate representativeof the State of which he is a national or which is otherwise entitled toprotect his rights, or if he is a stateless person, with the nearestappropriate representative of the State in the territory of which he washabitually resident;

(b) to be visited by a representative of that State; and

(c) to be informed of his rights under paragraphs (a) and (b).

Minister to notify requesting country of measures taken against persons for whoseextradition request is made

6. Where a request is made to the Government of Sri Lanka, by or on behalf ofthe Government of a Convention State for the extradition of any person accused orconvicted of an offence specified in the Schedule to this Act, the Minister shall, onbehalf of the Government of Sri Lanka, forthwith notify the Government of therequesting State of the measures which the Government of Sri Lanka has taken, orproposes to take, for the prosecution or extradition of that person for that offence.

Existing extradition arrangements with convention States deemed to provide foroffences in the Schedule

7. Where there is an extradition arrangement made by the Government of SriLanka with any Convention State in force on the date on which this Act comesinto operation, such arrangement shall be deemed, for the purposes of theExtradition Law, No. 8 of 1977, to include provision for extradition in respect ofthe offences specified in the Schedule to this Act.

Minister may treat Convention as an extradition arrangement between Sri Lankaand certain Convention States, in respect of offences in the Schedule

8. Where there is no extradition arrangement made by the Government of SriLanka with any Convention State, the Minister may, by Order published in theGazette, treat the Convention, for the purposes of the Extradition Law, No. 8 of1977, as an extradition arrangement made by the Government of Sri Lanka withthat Convention State providing for extradition in respect of the offences specifiedin the Schedule to this Act.

Amendment of the Extradition Law

9. The Extradition Law No. 8 of 1977 is hereby amended in the Schedule to thatLaw, by the insertion immediately before Part B of that Schedule, of the followingitem:

"41. The unlawful and intentional delivery, placing, discharging ordetonation, of any explosive or other lethal device, within the meaningof the Convention on the Suppression of Terrorist Bombings in, into, oragainst, a place of public use or state or government facility, a publictransportation system or infrastructure facility, with intent-

(a) to cause death or serious bodily injury;

408

(b) to cause extensive destruction of such place, facility or system,where such destruction results in, or is likely to result in, majoreconomic loss."

Offences under this Act deemed not to be political offences &c., for the purposes ofthe Extradition Law

10. Notwithstanding anything in the Extradition Law No. 8 of 1977, an offencespecified in Part B of the Schedule to that Law and the Schedule to this Act shallfor the purposes of that Law, be deemed not to be an offence of a politicalcharacter or an offence connected with a political offence or an offence inspired bypolitical motives, for the purposes only of extradition of any person accused orconvicted of any such offence, as between the Government of Sri Lanka and anyConvention State or of affording assistance to the Convention State under section11.

Assistance to the Convention States

11. The Government of Sri Lanka shall afford all such assistance to, and maythrough the Minister request all such assistance from, a Convention State as maybe necessary for the investigation and prosecution of an offence under section 3 orof an offence specified in the Schedule to this Act, including, where there is anagreement to that effect between the Government of Sri Lanka and a ConventionState, assistance relating to the taking of evidence and statements and the servingof process.

Government to take measures to prevent offences

12. The Government of Sri Lanka shall take appropriate measures to prevent anyperson or group of persons from committing or encouraging, instigating,organizing or knowingly financing the commission of, an offence under this Act orof an offence specified in the Schedule to this Act, whether in or outside SriLanka.

Sinhala Text to prevail in case of inconsistency

13. In the event of any inconsistency between the Sinhala and Tamil texts of thisAct, the Sinhala text shall prevail.

Interpretation

14. In this Act unless the contest otherwise requires-

"explosive or other lethal device" means:

(a) an explosive or incendiary weapon or device that is designed or hasthe capability, to cause death, serious bodily injury or substantialmaterial damage; or

(b) a weapon or device that is designed, or has the capability to causedeath, serious bodily injury or substantial material damage through therelease, dissemination or impact of toxic chemicals, biological agents ortoxins or similar substances or radiation or radioactive material;

"infrastructure facility" means any publicly or privately owned facility providingor distributing services for the benefit of the public, such as water, sewage, energy,fuel or communications;

"place of public use" means those parts of any building, land, street, water way orother location that are accessible or open to members of the public, whethercontinuously, periodically or occasionally, and includes any commercial, business,cultural, historical, educational, religious, governmental, entertainment,recreational or similar place that is so accessible or open to the public;

"public transportation system" means all facilities, conveyances andinstrumentalities, whether publicly or privately owned, that are used in or forpublicly available services for the transportation of persons or cargo;

"State or government facility" includes any permanent or temporary facility orconveyance that is used or occupied by representatives of a State, members ofGovernment, the legislature or the judiciary or by officials or employees of theState or any other public authority or entity or by employees or officials of anintergovernmental organization, in connection with their official duties.

Schedule(Sections 6, 7, 8, and 10)

1. The unlawful and intentional delivery, placing, discharge or detonation, of anexplosive or other lethal device, in, into, or against, a place of public use, a Stateor government facility, a public transportation system or infrastructure facilitywith intent-

(a) to cause death or serious bodily injury;

(b) to cause extensive destruction of such place, facility or system,where such destruction results in, or is likely to result in, majoreconomic loss.

2. Attempting to commit an offence referred to in paragraph (1).

3. Aiding or abetting the commission of an offence referred to in paragraph (1).

4. Conspiring with another person or group of persons to commit an offencereferred to in paragraph (1).

XXXVIII. SWITZERLAND 9

1. Loi f&drale instituant des mesures visant au maintien de la sfiret6intrieure (LMSI)

du 21 mars 1997 (Etat le 30 juin 1998)

L'Assemblie fidrale de la Confidration suissevu la compktence de laConfideration relative au maintien de la sfiret6 int~rieure et exttrieure de laConf~dtration; vu le message du Conseil f~d~ral du 7 mars 1994 [FF 1994 II1123], arrite:

Date de lentr~e en vigueur: [ACF du 15 juin 1998 (RO 1998 1558)] Section 4: le

janvier 1999 Toute les autres dispositions: I' juillet 1998

Article premier But

La pr~sente loi vise i assurer le respect des fondements dtmocratiques etconstitutionnels de la Suisse ainsi qu'i prottger les libertfs de sa population.

Article 2 Tdches

1. La Confederation prend des mesures preventives au sens de la pr~sente loipour d~tecter prfcocement les dangers i~s au terrorisme, au service derenseignements prohib6 et i 1'extr6misme violent. Les renseignements obtenusdoivent permettre aux autoritis comptentes de la Conf.dration et des cantonsd'intervenir i temps selon le droit applicable.

2. Les mesures preventives comprennent aussi les actes prtparatoires relatifs aucommerce illicite d'armes et de substances radioactives ainsi qu'au transfert illgalde technologie.

3. La Conf~dtration soutient les autorit~s compttentes de police et de poursuitep~nale en leur foumissant des renseignements sur le crime organist, notamment

89 Transmitted to the Secretariat by that Government on 31 May 2001. Other relevantpieces of legislation transmitted to the Secretariat and available for consultation fromthe Codification Division, Office of Legal Affairs are: Loi fWderale sur le contr6le desbiens utilisables A des fins civiles et militaires er des biens militaires sptcifiquesdu 13 septembre 1996 (RS 946.202); Loi f~d~rale sur le matdriel de guerre du 13dtcembre 1996 (RS 514.51); Loi ffd~rale sur l'entraide intemationale en matifreptnale du 20 mars 1981 (RS 351.1); Loi ftd~rale concernant la lutte contre leblanchiment d'argent dans le secteur financier du 10 octobre 1997 (RS 955.0) andConvention europe~nne pour la repression du terrorisme conclue i Strasbourg le27janvier 1977.

lorsque de tels renseignements parviennent en sa possession dans le cadre d'une

collaboration avec des autorit6s de sOret6 &trang~res.

4. On entend par mesures pr6ventives:

a. l'6valuation piriodique de la situation de la menace par les autorit6spolitiques et lattribution de mandats aux organes pr6pos6s A la sfret6int6rieure (organes de sfiret6);

b. le traitement des informations relatives i la sdret6 int&ieure etext6rieure;

c. les contr8les de s6curit6 relatifs i des personnes;

d. les mesures qui visent i prot6ger les autorit6s f6d~rales, lespersonnes jouissant d'une protection sp6ciale en vertu du droitinternational, ainsi que les missions diplomatiques permanentes, lespostes consulaires et les organisations internationales.

Article 3 Limites

1. Les organes de sfiret6 de ]a Confid&ation et des cantons ne peuvent pastraiter des informations relatives a lengagement politique ou a l'exercice des droitsd6coulant de la libert6 d'opinion, d'association et de r6union. Le traitement detelles informations est toutefois licite lorsqu'une pr6somption s6rieuse permet desoupgonner une organisation ou des personnes qui en font partie de se servir del'exercice des droits politiques ou des droits fondamentaux pour dissimuler lapreparation ou l'ex~cution d'actes relevant du terrorisme, du service derenseignements ou de l'extr6misme violent.

2. Lorsque des informations sont recueillies sur la base du premier alin6a et queles soupgons relatifs i un comportement punissable ne sont pas corrobor6s par lesactivit6s observ6es, elles ne peuvent pas 8tre enregistr6es avec r6f&ence nominale.Les prises de vues et les enregistrements sonores doivent etre d6truits dans und6lai de 30jours.

3. Le secret du vote, des p~titions et des statistiques demeure garanti.

4. Dans le cadre de mesures de protection de personnes et d'immeubles au sensde la section 5, les organes de sfiret6 peuvent 6galement traiter les informationsn6cessaires pour garantir la s6curit6 de personnes, d'organisations ou demanifestations menac~es.

Article 4 Principe

1. Chaque canton est responsable au premier chef de la sOret6 int6rieure sur sonterritoire.

2. Dans la mesure o6 aux termes de la Constitution f6d~rale [RS 101] et de laloi, la Conf6d6ration est responsable de la sfret6 int6rieure, les cantons I'assistentsur les plans de I'administration et de 1'ex6cution.

Article 5 Tches exicutges par la Confdration

1. Pour assumer la direction en mati&e de sfret6 int&ieure, le Conseil f6d6ral;

a. 6value piriodiquement la menace, fixe les droits et les devoirs enmati&e d'information et adapte les mandats;

b. 6tablit un plan directeur des mesures visant i protiger les autorit6sf6d6rales, les personnes jouissant d'une protection en vertu du droitinternational ainsi que les missions diplomatiques permanentes, lespostes consulaires et les organisations internationales;

c. ordonne des mesures sp6cifiques en cas de menaces particuli~res.

2. II r~gle la r6partition des taches entre I'autorit6 f6d6rale comptente (officef6d6ral) et les organes de la sdcurit6 militaire en p&iode de service d'appui ou deservice actif.

3. L'office f~ddral accomplit les taches f6d~rales d~finies par la pr~sente loi,dans ]a mesure o6i elles ne sont pas attributes A un autre organe.

Article 6 Tdches exicutdes par les cantons

1. Chaque canton determine rautorit6 qui est charg6e de collaborer avec l'officef~d6ral pour l'application de la pr6sente loi. I d6finit la voie de service de mani~reque les missions urgentes confi6es par ]a Conf~dlration soient excut~es sansretard.

2. Lorsqu'un canton d6lgue des tiches de s~curit6 A certaines communes,celles-ci collaborent directement avec les autorit6s f6drales, au meme titre que lescantons.

3. Les personnes charg~es par les cantons d'accomplir des taches d~finies par lapr~sente loi sont soumises au droit cantonal r~gissant la fonction publique et AI'autorit6 cantonale de surveillance.

Article 7 Collaboration entre Confdderation et cantons

1. Le Dpartement f~d~ral de justice et police (dipartement) communique avecles gouvemements cantonaux et collabore avec les conferences gouvemementalesintercantonales.

2. En rigle g6n6rale, les cantons accomplissent de mani~re ind6pendante les

tfches d6finies par la prisente loi. Si plusieurs cantons doivent coopdrer ou s'il y a

p6ril en la demeure, roffice f6d6ral peut se charger de ]a direction.

3. Si les cantons estiment que certaines personnes ou organisations doivent fairel'objet d'une recherche d'informations, ou ne plus en faire I'objet, ils adressent unedemande en ce sens loffice f~d~ral.

4. Loffice f6diral confie chaque mandat en la forme 6crite; dans les cas urgents,

il peut confier le mandat oralement et le confirmer plus tard par 6crit.

Article 8 Relations avec l'tranger

I. Les relations avec les autorit6s 6trangres charg~es de tiches de s6curit6incombent i la Conf6diration.

2. Les cantons peuvent collaborer avec les autorit6s de police 6trang~rescomptentes pour les qaestions de s6curit6 dans les r6gions frontalires.

Article 9 Commission consultative en mati re de szret intgrieure

I. Le Conseil f6d6ral institue une commission consultative en mati&re de s~ret6int6rieure, compos6e de repr6sentants des d6partements concem6s et des cantonsainsi que de personnalit6s ext6rieures. Le d6partement en 6dicte le r~glement.

2. La commission conseille le Conseil fd6ral et le d6partement dans lesquestions de maintien de la sfiret6 int6rieure. Elle proc~de A des appr6ciationsp6riodiques de Ia situation.

3. La commission 6value les risques pour la scret6 int6rieure. Elle tient comptedes d6veloppements survenus i l'6tranger, dans la mesure oi ils peuvent avoir deseffets en Suisse. Elle analyse notamment les activit6s terroristes et extr6mistes, lerecours A des services de renseignements politiques, militaires et 6conomiques, lesluttes politiques d6bouchant sur des exc~s de violence, et les activit6s dans ledomaine du crime organis6.

Article 10 Devoir dinformation de l'officefddgral

L'office f6d6ral informe les autres organes de sfiret6 de la Conf6d6ration et lescantons, ainsi que les organes f6d6raux qui collaborent i des tiches de s6curit6, detous les faits susceptibles de compromettre la sfiret6 int6rieure dans leur domaine.

Article I I Mission gMndrale dinformation

1. Le Conseil fid6ral r~gle par voie d'ordonnance les faits et les constatationsque les cantons ainsi que les autorit~s et offices mentionn6s i larticle 13 sont tenusd'annoncer spontan6ment. II fixe '6tendue du devoir d'information et la proc6durepour la communication des renseignements.

414

2. Le d6partement d6termine au moyen d'une liste confidentielle:

a. les faits qui doivent etre communiqu6s & l'office f6d6ral, mais qui,en raison de l'obligation de maintenir le secret, ne peuvent pas etrepubli6s;

b. les organisations et groupements dont ractivit6 ou les membres sontconcritement soupgonn6s de menacer la sfiret6 int6rieure ou ext6rieure etau sujet desquels ii y a lieu de communiquer toutes les informationspossibles.

3. Le d~partement soumet la liste une fois par an i lapprobation du Conseilf~d6ral, puis A la D616gation des commissions de gestion pour qu'elle en prenneconnaissance.

Article 12 Devoir d'information des cantons

Les cantons communiquent spontan6ment des renseignements A l'office f6d6rallorsqu'ils d6c~lent des menaces concretes pour la stiret6 int6rieure ou ext6rieure. Ilsfoumissent en outre les informations qu'ils sont tenus de communiquer en raisonde leur mission g6n6rale d'information (art. 11) ou de mandats de l'office f6dral.

Article 13 Renseignements d'autres offices

1. Les autorit~s et offices mentionn~s ci-apr~s sont tenus de foumir desrenseignements A l'office f~d~ral ou aux cantons i lintention de l'office f~d~ral:

a. organes de poursuite p~nale, services de police, organes des gardes-fronti~re et des douanes;

b. organes de la s~curit6 militaire, du renseignement militaire et descontr6les militaires;

c. autorit~s de police des 6trangers et autres autorit~s f~drales etcantonales comp~tentes en matiire d'entr~e et de sjour des 6trangersainsi qu'en mati~re d'asile;

d. unites administratives de la Conf6d~ration qui collaborent A destiches de s6curit6;

e. contr6les des habitants et autres registres publics;f. autorit6s comp~tentes en matire de relations diplomatiques etconsulaires;

g. autorit~s comp~tentes pour d~livrer l'autorisation de transport decertains biens.

2. Ils communiquent spontaniment des renseignements A l'office f~d~rallorsqu'ils d6c~lent des menaces concretes pour ]a sfiret6 int&ieure ou ext6rieure. Ilsfoumissent 6galement des renseignements confornm6ment A leur mission g6n6raled'information (art. 11) ou A des mandats de l'office f6d6ral dans des casparticuliers.

3. Le Conseil f6d~ral peut obliger, pour une p6riode limit6e, d'autres autorit6s,offices ou organisations accomplissant des tiches de service public i transmettreles renseignements n6cessaires pour d6celer une menace concrete pour la soret6int&ieure ou ext6rieure, ou pour y parer.

4. Le dcpartement comptent ou le Conseil f6d6ral arbitre les diff~rends au seinde ladministration f&ldrale; la Chambre d'accusation du Tribunal f6dral arbitreles diff~rends entre les organes de la Conf6d&ation et des cantons.

A rticle 14 Recherche dinformations

I. Les organes de sOret6 de la Conf6d&ration et des cantons recherchent lesinformations n6cessaires A l'ex.cution des tiches d6finies par ]a pr6sente loi. Ilspeuvent rechercher ces informations A l'insu de la personne concern6e.

2. Des donn6es personnelles peuvent etre recueillies par le biais:

a. de lexploitation de sources accessibles au public;

b. de demandes de renseignements;

c. de ]a consultation de documents officiels;

d. de la r6ception et de l'exploitation de communications;

e. d'enquetes sur l'identit6 ou le lieu de s6jour de personnes;

f. de lobservation de faits, y compris au moyen denregistrementsd'images et de sons, dans des lieux publics et librement accessibles;

g. du relev6 des d~placements et des contacts de personnes.

3. Le recours i des mesures de contrainte pr~vues par la procedure p~nale nestpermis que dans le cadre d'une procedure d'enquete de police judiciaire ou d'uneinstruction pr~paratoire. I1 en va de m me de ]'observation de faits dans des locauxpriv~s.

Article 15 Traitement de donnges personnelles

I. Les organes de sfret6 6valuent ]'exactitude et rimportance des informations.Ils d6truisent les informations inexactes ou inutiles et en informent le service quiles a communiqudes s'il s'agit d'un autre organe de sfretd.

416

2. Ils ne peuvent traiter des donn6es sensibles et 6tablir des profils depersonnalit6 que conform6ment A l'ordonnance; le Conseil f6d6ral tient comptenotamment du type de soupgon et des risques du traitement pour la personneconcern6e.

3. L'office f6d6ral traite au moyen d'un syst~me d'information 61ectronique lesdonn6es dont Iaccis rapide doit etre garanti en permanence. Celui-ci ne peut etrerendu accessible, au moyen d'une proc6dure d'appel, qu'aux personnes exergantdes t.ches d~finies par la pr6sente loi au sein de l'office f6d6ral, aux autresautorit6s de police et de poursuite p6nale de la Conf6d6ration ainsi qu'aux organesde sflret6 des cantons. Le Conseil f6d6ral fixe les conditions du raccordement desorganes de sfiret6 des cantons. Le d6partement r6gle les droits d'acc~s au syst~me.

4. Dans le syst/me d'information, les donn6es de la police judiciaire et lesdonnges recueilies en dehors d'une enquete de police judiciaire sont trait6ess6par6ment. Ce syst~me d'information doit etre g6r6 s6par6ment des autressystimes d'information de la police ou de ladministration.

5. Le Conseil f 6dral ditermine les diff6rentes cat6gories de donn6es, fixe lesdur6es maximales de conservation des donn6es et veille notarnment .ce que lesdonn6es peu fiables soient pgriodiquement examin6es afin de d6terminer si ellessont encore n6cessaires A laccomplissement des tfiches d6finies dans la loi. Dans lecas contraire, elles doivent tre effac6es dans le syst~me d'information. Uncontr6le interne de la protection des donnges garantit la qualit6 et la pertinence desdonnges.

6. Une fois close la proc6dure p6nale, et pour autant que l'autorit6 comp6tenteen mati&e pgnale en soit inform6e simultan6ment, l'office fgd6ral peut traiter dansle syst~me d'information, en se rgf6rant aux personnes concern6es, les donn6essuivantes issues des recherches de police judiciaire:

a. les donn6es relatives A des personnes inculpges, si des indicespermettent d'en esp6rer des renseignements concernant une mise endanger de la sfiret6 int6rieure ou ext6rieure;

b. les donn6es relatives i des personnes non inculp6es, s'il est 6tablisur la base d'indices fiables qu'elles ont des contacts, en connaissance decause ou non, avec des membres d'une organisation terroriste, d'uneorganisation extr6miste recourant A la violence, d'un rgseau d'espionnageou d'une organisation criminelle au sens de Particle 260" du code p6nal[RS 311.0]; larticle 66, alin6a It", de la loi f6dgrale sur la procedurep6nale [RS 312.0] s'applique de manire prgpond6rante au traitement desdonn6es issues d'une surveillance officielle de la correspondance postaleou des t6lgcommunications ou de la mise en oeuvre de moyenstechniques de surveillance;

c. les donntes qui ont W recueillies de fagon reconnaissable pour les

personnes concern~es.

Article 16 Traitement par les cantons

1. Les cantons traitent conform6ment aux prescriptions de la Conf~d&ation lesdonnes qu'ils reqoivent durant l'ex~cution de la pr6sente loi. Ils les conservents~par~ment des donn~es cantonales.

2. Lorsque les organes de sfiret des cantons g&ent leur propre syst~med'information automatis6, les prescriptions relatives au syst~me d'information de laConf6d&ation sont applicables par analogie. Le riglement d'exploitation dusyst~me cantonal doit etre approuv6 par le d~partement.

3. Lorsque les organes de sfiret6 des cantons traitent des donn~es en vertu de lapr~sente loi, ils sont soumis au droit frd&al sur la protection des donn6es. Sontr~serv~es les prerogatives de surveillance pr6vues par le droit cantonal.

Article 17 Communication de donniespersonnelles

1. Le Conseil f6d~ral d~signe par voie d'ordonnance les destinatairesaccomplissant une tfiche de service public en Suisse auxquels l'office f~d~ral peut,dans des cas particuliers, communiquer des donn~es personnelles lorsque cela estn~cessaire au maintien de la sfiret6 int~rieure ou ext~rieure ou au contr~le del'ex~cution des tfches dudit office f~d~ral. Lorsque les renseignements obtenussont utiles A la poursuite p~nale ou susceptibles de servir la lutte contre le crimeorganis6, ils sont mis sans retard A [a disposition des autorit~s comp6tentes.

2. La communication de donnies personnelles t des particuliers n'est autorisdeque:

a. si elle est dans l'int&6rt indubitable de ]a personne concem~e et quecelle-ci ait donn6 son accord ou que les circonstances indiquent que cedernier efit W sflrement donn6;

b. si elle est n~cessaire afin d'6viter un danger grave imm6diat;

c. si elle est n cessaire pour motiver une demande de renseignements.

3. L'office f6d~ral peut, dans des cas particuliers, communiquer des donn~espersonnelles i des organes de sfiret6 de pays avec lesquels la Suisse entretient desrelations diplomatiques, lorsqu'une Ioi ou une convention intemationale dfmentapprouv~e le pr6voit, ou si:

a. linformation est n~cessaire pour pr~venir ou 6lucider un crime ouun d~lit Iorsque cette infraction est 6galement punissable en Suisse;

b. une demande suisse de renseignements doit 8tre motivie;

c. la communication est dans I'int6ret de la personne concem6e et quecelle-ci y a consenti ou que les circonstances permettent de pr6sumer sonaccord;

d. la communication est indispensable A ia sauvegarde d'int&6rtsimportants i~s A la sfret6 de la Suisse ou de l'Etat destinataire.

4. La communication A l'tranger ne peut pas avoir lieu si la personne concemderisque une double condamnation ou des prejudices s&ieux contre sa vie, sonintigrit6 corporelle ou sa iibert6 au sens de la Convention de sauvegarde des droitsde lhomme et des libert6s fondamentales [RS 0.101] par suite de la transmissionde ces donnes.

5. Si la communication des donn~es personnelles est requise dans le cadre d'uneprocedure, les dispositions pertinentes relatives A l'entraide judiciaire sontapplicables.

6. Les organes de sfiret6 des cantons ne peuvent communiquer les donn~es qu'ilsont reques de la Conf~d&ation qu'A d'autres services cantonaux et seulement dansle respect des principes 6dict6s par le Conseil f&ldral.

7. Dans les relations avec INtranger, la protection des sources doit dans tous les

cas 8tre assur~e.

Article 18 Droit d'itre renseignd

1. Toute personne peut demander au Pr~pos6 f~dkral A la protection des donn~esqu'il vrifie si des donn~es la concemant sont trait~es conform~ment au droit dansle syst~me d'information de l'office fdral. Le Pr~pos6 f~d&al A ]a protection desdonn~es communique au requ6rant une r6ponse au libell6 toujours identique selonlaquelle aucune donn6e le concemant n'a 6t6 trait~e ill6galement ou que, dans lecas d'une 6ventuelle erreur dans le traitement des donn~es, il a adress6 A l'officef~d~rai la recommandation d'y rem&Iier.

2. Cette communication nest pas sujette A recours. La personne concem6e peutdemander que la Commission f~d6rale de la protection des donn~es examine lacommunication du Pr~pos6 f~d~ral A la protection des donn~es ou l'ex~cution de larecommandation qu'il a 6mise. La Commission fid~rale de la protection desdonn~es communique A la personne concem6e une r6ponse au libe1 toujoursidentique selon laquelle lexamen a eu lieu conformment au sens de la requ~te.

3. A titre exceptionnel, en vertu des dispositions de la loi f~d~rale du 19 juin1992 [RS 235.1] sur la protection des donn~es (LPD), le pr~pos6 f~d~ral h laprotection des donn~es peut fournir de mani~re appropri~e des renseignements auxpersonnes qui en font la demande, pour autant que cela ne constitue pas unemenace pour la sfret6 int~rieure ou ext~rieure et qu'il n'existe pas d'autre moyen

419

pour empecher que ces personnes soient l6s~es gravement et de mani~reirreparable.

4. Les cantons transmettent au Pr~pos6 f~dral A la protection des donn~es lesdemandes relatives A des documents de ]a Confederation.

5. Apr~s la demande de communication, l'office f~d6ral examine,ind~pendamment des 6ch~ances fix~es A cet effet, si les informations existantesrestent ndcessaires. Toutes les donn~es qui ne sont plus n~cessaires sont effac~esdu systme d'information.

6. Les personnes recenses ayant d~pos6 une demande de renseignements serontrenseign6es ds lors que les int~r~ts li6s au maintien de la sfret6 int~rieurenexigent plus le secret, au plus tard lors de l'expiration de l'obligation de conserverles donn~es, conform6ment i la LPD, pour autant que cela n'entraine pas unvolume de travail excessif.

Article 19 Personnes assujetties aux contr6les

1. Le Conseil f6d6ral peut pr6voir des contr8les de s6curit6 i l'Agard d'agents dela Conf6d6ration, de militaires et de tiers collaborant i des projets classifi6s relatifsA la stiret6 int6rieure ou ext6rieure qui, dans leur activit6:

a. ont connaissance, de mani~re r6guliire et approfondie, de I'activit6gouvernementale ou d'importants dossiers de la politique de s6curit6 surlesquels ils peuvent exercer une influence;

b. ont r6guli~rement acc~s A des secrets relevant de ia sfiret6 int~rieure.ou ext6rieure ou A des informations dont la r6v6lation pourrait menacerraccomplissement de tAches importantes de la Conf~d&ation;

c. ont, en tant que militaires, acc~s A des informations, i des materielsou i des installations classifi6s;

d. collaborent, en tant que partenaires contractuels ou employ6s de cesderniers, i des projets classifi6s de la Conf.d6ration ou doivent fairel'objet d'un contr6le en vertu de conventions sur la protection de secrets;

e. ont r6guli6rement acc~s i des donn6es personnelles sensibles, dontla r~v~lation pourrait porter gravement atteinte aux droits individuels despersonnes concern6es.

2. Les cantons peuvent 6galement assujettir leurs agents A un contr6le des6curit6 lorsque ceux-ci coop~rent directement A des tiches de la Conf6d6rationd6finies par la pr6sente loi. Ils peuvent solliciter le concours de l'office f6d6ral.

3. Le contr6le de s6curit6 est effectu6 avant la nomination A la fonction ouIattribution du mandat. La personne assujettie au contr6le doit consentir i.

l'ex6cution de celui-ci. Le Conseil f6d~ral peut, dans certains cas, pr6voir lar~ptition p6riodique du contr6le.

4. Le Conseil f~d~ral arr&e la liste des fonctions qui, au sein de ladministrationf~d6rale et de I'arm~e, impliquent I'assujettissement de leur titulaire A un contr6lede s~curit6. Les chefs des d~partements et le chancelier de la Confederationpeuvent exceptionnellement faire contr6ler des personnes dont la fonctioncorrespond A la definition du Ie" alin~a, m~me si elle ne figure pas encore sur laliste.

Article 20 Teneur du contr6le de sicurit

1. Le contr6le consiste A recueillir des donn~es pertinentes pour la s~curit6touchant au mode de vie de la personne conceme, notamment A ses liaisonspersonnelles 6troites et A ses relations familiales, A sa situation financi~re, A sesrapports avec l' tranger et A des activit~s illgales menagant la sfiret6 int~rieure etextrieure. Aucune donne n'est recueillie sur l'exercice de droits constitutionnels.

2. Les donn~es peuvent 8tre recueillies:

a. par lentremise de i'office f~d6ral, .partir des registres des organesde sfiret6 et de poursuite p~nale de la Conf~d6ration et des cantons, ainsique du casierjudiciaire;

b. A partir des registres des offices cantonaux des poursuites et desfaillites, ainsi que des contr6les de 'habitant;

c. par des enquites sur les personnes soumises au contr6le effectu~espar les polices cantonales comptentes sur mandat du service sp~cialisi(art. 21, 1' al.);

d. en demandant des renseignements relatifs i des procedures p~nalesen cours aux organes de poursuite p6nale comp6tents;

e. par le biais de laudition de tiers, si la personne concem~e y a

consenti;

f. par le biais de I'audition de la personne conceme.

Article 21 Exicution du contr6le de sicuriti

1. Le Conseil f~dral d~signe un service sp~cialis6 charg6 de proc~der auxcontr6les de s6curit6 en collaboration avec l'office f~d~ral.

2. Le service sp~cialis6 informe la personne contr6le du r~sultat desinvestigations et de Iappr~ciation du risque pour la s~curit6. La personne contr61epeut, dans les dix jours, prendre connaissance du dossier de contr6le et demanderla rectification des donn~es errones; s'agissant de documents de 1a Confederation,

elle peut en outre exiger la suppression de donn6es obsoltes ou rapposition d'uneremarque de contestation. L'article 9 LPD [RS 235.1] est applicable A la restrictionde la communication de renseignements.

3. Lorsque la d~claration de s6curit6 nest pas d6livrie ou qu'elle est assortie der6serves, la personne concern6e peut se pourvoir aupr~s d'une autorit6 de recoursind6pendante de ladministration.

4. Le service sp6cialis6 soumet par 6crit son appr6ciation du risque pour las6curit6 autorit6 qui nomme ou attribue la fonction ou le mandat. L'autorit6comptente A cet effet nest pas li6e par lappr6ciation du service sp6cialis6. LeConseil f6d6ral fixe les comp6tences pour les contr6les de s6curit6 effectu6s selonl'article 19, 1 ' alin6a, lettre d.

5. Le Conseil f6d6ral fixe les modalit6s du contr6le de s6curiti, notamment lesdroits de consultation des personnes concem6es et de l'autorit6 de nomination ainsique ]a conservation, l'utilisation ult6rieure et l'61imination des donn6es. II nommel'autorit6 de recours et arr~te la proc6dure.

Article 22 Principes

1. L'office f6d6ral assure, en collaboration avec les autorit6s cantonales, laprotection des autorit6s et des bitiments de la Conf&I1ration, ainsi que celle despersonnes et des bAtiments dont ]a Conf6d6ration doit garantir la s6curit6 en vertudu droit international public.

2. Le Conseil f6d6ral peut confier des tAches de protection A des services del'Etat ou d des services priv6s.

3. II peut engager d'autres agents sp6cialement form6s pour ces taches ou, en casde besoin ou de menace accrue, les mettre i la disposition des autorit6s cantonales,apr~s concertation avec les gouvernements cantonaux.

Article 23 Protection des autoritisfidrales

1. Le Conseil f&l6ral d6signe:

a. les personnes b 6nficiant de mesures de protection;

b. les bitiments de la Conf6d6ration dans lesquels ia protection despersonnes et des installations est assur6e par le personnel de lofficef6d6ral;

c. les batiments et les manifestations pour lesquels les taches deprotection sont confi6es i d'autres services.

2. Dans tous les bftiments qui abritent des autorit6s f6d6rales, le droit de police(art. 14 de la LF du 26 mars 1934 [RS 170.21] sur les garanties politiques et de

police en faveur de la Confed6ration, LGar) est exerc6 par les chefs desd~partements, groupements, offices ou autres autorit(s f~d~rales qui y sontinstall~s. ls prennent les mesures de protection ad~quates apr~s entente avecl'office f~d6ral.

3. Les cantons assurent la protection des autres biens de la Conf~d&ation dans]a mesure pr6vue A Particle I I LGar.

4. Les autorit6s de la Conf6d(ration comptentes en mati&e de constructionfixent les mesures de protection architectoniques et techniques d'entente avecl'office f6d~ral et les d6partements, groupements, offices et autres autorit6sf~d6rales qui occupent les locaux.

5. Le d6partement institue un comit6 de coordination qui 61abore le plandirecteur pr~vu i Particle 5, l' alinia, lettre b, coordonne les mesures importanteset soutient loffice fid&al dans l'exicution de ses tiches.

Article 24 Exicution des obligations de protection dicoulant du droit internationalpublic

Les cantons prennent sur leur territoire, apr s concertation avec l'office f~d~ral, lesmesures n6cessaires i l'ex~cution des obligations de protection qui incombent A laSuisse en vertu du droit international public; au besoin, ils collaborent avec lesservices de s~curit6 des organisations intemationales ou des missionsdiplomatiques 6tablies sur leur territoire ou avec les autorit~s de police 6trang~rescomp~tentes pour les questions de la s~curit6 dans les regions frontali~res.

Article 25 Contr6le parlementaire

Le contr6le parlementaire est assure par la D6l6gation des commissions de gestionconfon-nment A la loi sur les rapports entre les conseils [RS 171.11].

Article 26 Contr6le administratif

I. Le Conseil f6diral veille i ce que la l6galit6, I'opportunit6 et lefficacit6 delactiviti de l'office f~d~ral soient contr6les. Le d~partement 6tablit un plan decontr6le annuel qu'il coordonne avec les contr6les parlementaires.

2. Le Conseil f~d~ral approuve les accords administratifs intemationaux concluspar les services de sfret6. Ces accords ne sont ex~cutoires qu'apr~s l'obtention delapprobation.

3. Le Conseil f&Idral fixe les exigences minimales pour le contr6le applicablesdans les cantons. L'ex~cution des contr6les incombe aux cantons.

Article 27 Rapports

1. Le Conseil f~dral renseigne, annuellement ou selon les besoins, lesChambres f&Idrales, les cantons et le public sur son appriciation de ia menace etsur les activitds des organes de sOret de la Conf&ldration.

2. Le ddpartement renseigne les gouvernements cantonaux sur rdvolution de [amenace.

3. L'office f~dral renseigne en permanence les chefs des ddpartementscantonaux de police et les organes de sQretd sur les mesures prises ou planifides envertu de la prdsente loi.

Article 28 Prestationsfinancires allouies aux cantons

1. La Conf6ddration rembourse aux cantons les prestations qu'ils foumissent surson mandat, conformiment A la section 3. Le Conseil fdddral determine rindemnitiforfaitaire sur la base du nombre de personnes essentiellement affect6es i destdches f~drales.

2. La Conf~dration accorde une indemnitd 6quitable aux cantons qui doiventdans une large mesure accomplir des tiches de protection au sens de la section 5,ou en cas d'&v6nements extraordinaires.

3. La Conf6ddration alloue un soutien financier A l'Institut suisse de police deNeuchdtel pour les prestations fournies en faveur de ]a Conf&dration.

Article 29 Formation

La Conf~dration et les cantons oeuvrent de concert A la formation dans le secteurde la sfret6 int6rieure, notamment par des offres communes de formation.

Article 30 Exicution

Le Conseil f~ldral est charg6 de l'application de ia prdsente loi. I 6dicte lesdispositions d'exdcution.

Article 31 Modification du droit en vigueur

La loi f~drale du 19 juin 1992 [RS 235.1] sur la protection des donndes estmodifie comme suit: Article 24 Abrogd

Article 32 Rifirendum et entrie en vigueur

1. La pr6sente loi est sujette au rdfdrendum facultatif.

2. Le Conseil f~dral fixe la date de rentrde en vigueur.

XXXIX. SYRIAN ARAB REPUBLIC 90

1. PENAL CODE 9'

Article 304

,Acts of terrorism" shall mean all actions that seek to create a state ofpanic and are committed using such means as explosive devices (and weapons ofwar), flammable substances, toxic or incendiary products and pathogenic or germagents that may create a public danger.

Article 305

1. Conspiracy to commit an act or acts of terrorism shall be punishable by 10 to20 years of hard labour.

2. Any act of terrorism shall merit 15 to 20 years of hard labour.

3. Any such act shall merit capital punishment if it results in even partialdestruction to a public building, an industrial establishment, a ship or anotherinstallation, in disruption of the means of transport and communication or in thedeath of a person.

Article 306

I. The members of any association established for the purpose of changing theeconomic or social character of the State or the basic circumstances of societyusing one of the means indicated in Article 304 above shall be liable tocondemnation to a term of hard labour.

2. The penalty for the founders and directors [of such an association] shall benot less than seven years.

3. The mitigating circumstances recognized in the case of conspirators underArticle 262 shall also apply to perpetrators of the offence stipulated above.

9o Transmitted to the Secretariat by that Government on 11 June 2001.91 Legislative Decree No. 148 of 22 June 1949, as amended.

425

XL. TUNISIA92

1. CODE PENAL

Section IIIAggravation de criminalit6 - Ricidive

Article 52 bis. - (Ajoutd par la loi n' 93-112 du 22 novembre 1993). L'auteurd'une infraction qualifi~e de terroriste, encourt la peine pr~vue pour l'infractionellem~me. La peine ne peut 8tre r&luite A moins de sa moiti6.

Est qualif~e de terroriste, toute infraction en relation avec une entrepriseindividuelle ou collective ayant pour but de porter atteinte aux personnes ou auxbiens, par I'intimidation ou la terreur.

Sont trait~s de la m~me manire, le actes d'incitation i la haine ou aufanatisme racial ou religieux quels que soient les moyens utilis~s.

L'aplication de la surveillance administrative pour une priode de cinqans est obligatoire. Les peines ne se confondent pas.

Sont 6galement appliqu~es les dispositions de l'article 134 du presentcode.

2. CODE DES PROCEDURES PENALES

Article 313. (Modif par la loi no 93-113 du 22 novembre 1993). - L'extraditionn'est pas non plus accordie:

1) lorsque le crime ou le d~lit a un caractre politique ou qu'il r~sulte descirconstances que I'extradition est demand~e dans un but politique. L'attentat i lavie d'un chef d'Etat, d'un membre de sa famille, ou d'un membre dugouvernement n'est pas consid6r6 comme infraction politique.

Ne sont pas 6galement consid6r6es comme politiques, et ne donnent paslieu A l'octroi de I'asile politique, les infractions vis~es A l'article 52 bis du codep~nal.

92 Transmitted to the Secretariat by that Government on 13 August 2001.

2) Iorsque l'infraction objet de la demande, consiste dans la violation d'uneobligation militaire.

3. LOI N'89-23 DU 27 FEVRIER 1989 PORTANT SUPPRESSIONDE LA PEINE DES TRAVAUX FORCtS

Article 123 (paragraphe 2 nouveau). - Tout tunisien se met, en temps de paix, auservice d'une arm6e 6trang~re ou d'une organisation terroriste op&ante Al'6tranger est puni de dix ans d'emprisonnement avec interdiction d'exercer sesdroits civiques et la confiscation de ]a totalit6 ou une partie de ses biens et ce,ind~pendamment des peines pr6vues pour les attentats contre ]a saret6 de I'Etatcommis par le coupable de son propre chef ou conform~ment aux instructions decette organisation.

XLI. TURKEY9 3

1. LAW #3713 ON SUPPRESSION OF TERRORISM

PART I

DEFINITION AND TERROR CRIMES

Section 1. Definition of terror

Terror is an act perpetrated by any of the methods of extortion, force,violence, intimidation, discouragement, menace and threat by a person or bypersons belonging to an organization with a view to changing the nature of theRepublic as defined in its constitution and its political, legal, social, secular andeconomic order, impairing the indispensable integrity of the State with its(territory) country and nation, and endangering the existence of the Turkish Stateand the Republic, weakening or annihilating or overtaking the State authority,eliminating the basic rights and freedoms and damaging the internal and externalsafety, public order or general health of the country.


The organization referred to in the present law is assumed to have beenformed when two or more persons come together for the same purpose.

The term organization includes also the associations, groups, armedgroups, bands and armed bands mentioned in the Turkish penal code and in ad hoc

laws containing penal provisions.

Section 2. Terrorist

Persons who take part in organizations formed for perpetrating thecrimes mentioned in the foregoing Section 1, are terrorists if they perpetrate thesaid crimes alone or in association with others for attaining the aforesaidobjectives or who take part in such organizations irrespective of whether theyperpetrate the said crimes or not.

Persons who perpetrate the said crimes for and on behalf of theorganization are also considered terrorist, even if they do not take part therein andare punished as members of organizations.

Section 3. Terror crimes

The crimes enumerated in sections # 125, 131, 146, 148, 149, 156, 168,171, and 172 are crimes of terror.

Section 4. Crimes committedfor terror purposes

In the implementation of the present law,

(a) The crimes indicated in sections # 145, 150, 152, 153, 154, 155,157, 169 and in subsection # 2 of section # 499 of the Turkish PenalCode, and;

(b) The crimes specified in subsections # (b), (c) and (e) of section # 9of the law # 2845 on the establishment and trial procedures of StateSecurity Courts are considered as terror crimes if they are perpetratedwith a view to attaining the terror objectives indicated in section # 1above.

Section 5. Aggravation of sentences

The sentences pronounced for the persons committing the crimesmentioned in sections # 3 and 4 will be aggravated by one-half for both thefreedom-restricting ard monetary sanctions. In sentences to be so pronounced, theupper limits for both the aforesaid acts and for other infractions may be exceeded.In sentences which restrict the freedom, however, these limits may not exceed 36years in cell imprisonment, 25 years in ordinary imprisonment and 10 years infight imprisonment.

428

Section 6. Announcement and publication

Persons who reveal the names of public servants in charge of abatementof terrorism by indicating their names or in such a manner that their names andidentities may be inferred with a view to displaying them as targets of terroristaction or who make publications for the above purposes will be fined from fivemillion to ten million Turkish Liras.

Persons who reveal or publish the identities of informants violating theprovisions of section # 14 will he fined from five million to ten million TurkishLiras.

If the above crimes are committed through publication in periodicalsindicated in Section # 3 of law # 5680 on mass media, their owners will be finedfor an amount of ninety percent of the actual sales revenues of the previousmonth's average sales if the periodical has a frequency of less than one month or ofthe actual sales revenues of the preceding month if it is monthly or has a lesserfrequency or of the actual sales revenues of the preceding month of thehighest-selling daily if it is a new publication or is not a periodical at all. This finemay not be less than, however, fifty million Turkish Liras. The editors of suchperiodicals will be fined with one-half of the fine applied to the proprietors of suchperiodicals.

Section 7. Terrorist organizations

Provided that sections # 3 and 4 hereof and sections # 168, 169, 171,313, 314 and 315 of the Turkish Penal Code remain reserved, persons (individuals)establishing the organizations covered by section # I hereof under whatever namesthey may be or those managing and administrating their activities will besentenced to cell imprisonment from five to ten years and to a fine from twohundred million to five hundred million Turkish Liras. Those joining suchorganizations will be sentenced to cell imprisonment from three to five years andto a fine from one hundred million to three hundred million Turkish Liras.

Those helping the members of the aforementioned organizations andinvolved in propaganda activities for the said organizations will be sentenced toimprisonment from one to five years and to a fine from fifty million to onehundred million Turkish Liras regardless of whether their acts constitute differentcrimes under other laws.

If the said help is given in the premises, offices, bureaus and adjuncturesof associations, foundations, political parties, labor and professions unions andorgans, educational institutions and student hostels, the fines indicated in thesecond paragraph hereof will be doubled.

The activities of associations, foundations and other similar institutionswhich are found to have lent support to terrorist movements will be prohibited and

they will be abolished by the decision of the concerned court. The assets of suchinstitutions will be confiscated.

Where the propaganda activities referred to in the second paragraphhereof are carried out through the periodicals indicated in section #3 of law #5680on mass media, the proprietors of such periodicals will be fined a finecorresponding to ninety percent of the average sales revenues of the previousmonth if the periodical has a frequency of less than a month and of the averagemonthly sales revenues of the highest-selling daily if the publication is not aperiodical or is new on the market, provided that these fines are not less than onehundred Turkish Liras. The editors of such periodicals will be sentenced to finescorresponding to one-half of those applied to their proprietors and to imprisonmentfrom six to two years.

Section 8. Propaganda against state's indivisibility

Irrespective of the methods, purposes and intentions, oral and writtenpropaganda, manifestations and mass walks aiming at impairing the indivisibleintegrity of the territory and nation of the state of Republic of Turkey areprohibited. Those violating this prohibition will be sentenced to cell imprisonmentfrom two to five years and to a fine from fifty million to one hundred millionTurkish Liras.

If the propaganda crimes mentioned in the above paragraphs arecommitted through the periodicals mentioned in section # 3 of law # 5680 on massmedia, their proprietors will be fined ninety percent of the average sales returns ofthe preceding month of the periodical having a frequency of less than a month, andof the average sales returns of the highest-selling periodical if the publication isnot a periodical or is new on the market on condition that this fine is not less thanone hundred Turkish Liras. The editors of such periodicals will be fined one-halfof the above amounts and imprisoned from six months to two years.

PART 2

TRIAL PROCEDURE

Section 9.

The state security courts are empowered to handle cases falling withinthe ambit of the crimes mentioned in the present law, and the provisions hereof,and of law # 2845 on the establishment and trial procedures of state security courtswill apply to those committing these crimes and to those helping the former.

Section 10. Representation by and consultation with counsel in the implementationof the present law

(a) The accused and the intervenant may be represented by not morethan three counsels, and

(b) The indictees or convictees may consult with their counsel in thepresence of the officials of the penitentiary or detention house.

Section 11. Permissible detainment period

Persons detained for crimes falling within the ambit of the present lawwill be brought before the judge within forty-eight hours, not taking into accountthe reasonable length of time needed for delivery to the nearest court, and withinfifteen days for crimes which are collectively committed.

Section 12. Ruditions of officials preparing statements

Whenever necessary, the police authorities preparing the statements ofthe indictees and witnesses and executing in situ examination reports may be heardas witnesses by the court only in sessions closed to the public.

Section 13. Postponement of sentences and their commutation into fines

Sentences pronounced for the crimes falling within the ambit of thepresent law may not be postponed or commuted into fines or to other measures.

Section 14. Confidentiality of identities of informers

The identities of persons informing the crimes and persons committingsuch crimes falling within the ambit of the present law may not be revealedwithout their consent or if the nature of the information does not constitute a crimeagainst them.

Section 15. Trial without arrest

Intelligence and police officials commissioned to fight against terror andother persons in charge of similar activities will be tried without arrest in publiccases for accusations and indictments regarding crimes purported to have beencommitted by them in the line of their said duties.

Not more than three counsels will be charged to defend intelligence andpolice officials commissioned to fight against terror and other persons in charge ofsimilar activities with respect to charges against them in line with their said duties,and the payments to be made to such counsels without limits established by theregulations on attorney's fees will be met by budgetary allocations from theirparent organizations.

From among the crimes purported to have been committed byintelligence, police and other officials commissioned to fight against terror in linewith their said duties, those other than murder, attempt to murder and those withmalice aforethought are subject to the provisions of the law on trial of publicservants.

PART 3

EXECUTION OF SENTENCES

Section 16. Execution of sentences and detainment of arrestees

The sentences of convicts for crimes hereunder will be executed inspecial executory institutions built according to the one to three person cells.

Open contacts will not be permitted in these institutions between theconvicts and their relatives and counsels nor will they be allowed to communicatewith other convicts.

From among the convicts who spend at least one-third of their sentencesin good conduct and those having less than three years for conditional release maybe transferred to other penitentiaries.

The detainees for the crimes falling within the ambit of the present lawwill be held in detention institutions built according to the same principles as areindicated in the first paragraph hereof. Provisions of the second paragraph alsoapply to the detainees.

Section 17. Conditional release

Conditional release will be available without request to the convicts ofcrimes falling within the ambit of the present law whose death sentences arerejected by the Grand National Assembly of Turkey when they complete 36 yearsin penitentiary, 30 years in case of lifetime imprisonment and three-fourths of theirsentences for all other freedom-restricting sentences if they are in the category ofconvicts of good conduct.

Among those who escape from detention institutions of penitentiarieswhile they are in detainee or convictee statuses as the case may be, convicted formutinee against the penitentiary management or referred to cell sentence thrice ondisciplinary matters, will not be entitled to conditional release even if theirdisciplinary punishment are subsequently paroled. Convicts for crimes fallingwithin the ambit of the present law will not be entitled to conditional release ifthey commit a crime likewise falling within the ambit of the present lawsubsequently to the finalization of the sentences pronounced against them.Provisions of subsections # 1 and 2 of section # 19 of law # 647 on the execution

of sentences and of its supplemental section # 2 will not apply to convicts of thecrimes falling within the ambit of the present law.

Section 13. Construction ofpenitentiaries and detainment Institutions

PART 4


Section 18. Awards

Monetary awards will be granted to persons who assist in theapprehension of the authors of crimes falling within the ambit of the present law orreport their locations or identities in accordance with the provisions of law # 1481on the prevention of acts affecting the public order.

The extent of awards will be determined by the Ministry of Interiorwhich will introduce appropriate measures to ensure the security of lives of theinformers.

Section 20. Protectional measures

Juridical, intelligence, administrative and military officials performingduty in line with the prevention and abatement of terrorism and anarchy, policeofficials and personnel, general director and deputy general directors of detentionhouses and penitentiaries, prosecutors and directors of such detention houses andpenitentiaries where the convicts and detainees are held, judges and prosecutors ofstate security courts and those who are retired from such duties, those who arethreatened or who become open targets of terrorist organizations, witnesses andinformers assisting in the solution of terror cases will be protected by the statethrough appropriate measures.

These protection measures may include: open request, the change ofphysical appearance through surgical intervention and alteration at the civilregistry of vital statistics, driver's licences, marriage certificates, diplomas andother similar documents, and preservation of rights on moveable, immovable,tangible and intangible property.

The ministry of interior and other concerned bodies and agencies areunder the obligation to comply with the strictest secrecy requirements in theimplementation of these measures.

Rules and guidelines regarding protection measures will be determinedby a regulation to be prepared by the office of the prime minister. Public servantsare authorized to resort to the use of weapons to ward off attacks by terroristsagainst themselves, their spouses and children even if they have left their previousjobs or have retired.

Section 21. Assistance to the maimed, widows and orphans

Provisions of law # 2330 on monetary indemnities and monthlyallowances will apply to public servants who are wounded, maimed or killed inconnection with terrorist actions even if they are removed therefrom or retiredsubsequently. Further to the above,

(a) The total amount of the monthly allowances payable to the maimedand to their widows and orphans in case of their death will not be lessthan the salaries received by their colleagues in active duty and in equalstatus, and that payable to the widows and orphans of those killed whileon retirement will not be less than the legal retirement pay to which theyare entitled under the relevant laws. If this amount is less than the sumsmentioned above, the difference will be covered by concerned socialsecurity institutions which will subsequently collect the difference fromthe treasury.

(b) Public servants maimed while residing at housing facilities ofpublic bodies and agencies while on duty within the country or abroad,and the widows and orphans of such officials killed, will continue tooccupy the said facilities for a period of one year thereafter with theexception of residential units allocated to specific functions. The rentalcharges of those who will vacate these facilities at the end of theaforesaid period, who do not have access to public housing and whoreside at facilities allocated to specific functions will be bome for aperiod of ten years by the state. Likewise, the rental charges of thoseresiding at public housing facilities allocated to specific functions will beborne for a period of one year by the state upon their request to thateffect.

(c) Provisional section # 9 (3) of law # 2559 on the duties andresponsibilities of the police are applicable to the maimed officials, thewidows of such officials that have been killed and to their children iftheir wives are not alive or if they are remarried.

(d) The maimed officials, and the widows of deceased ones and theirchildren will be entitled to free access within the country to the staterailroads, to the intracity lines of state maritime lines and to the masstransportation services of city administrations. The widows and orphansto whom allowances are granted will cease to benefit from the otherprivileges provided hereunder if the allowances under the present laware withheld for any reason whatsoever.

Section 22. Assistance to third parties suffering from terrorism

Assistance will be provided in priority to citizens who are not publicofficials but suffering the effects of terrorist action through the social assistance

and solidarity fund. The scope and extent of such assistance will be determined bythe local authorities.

PART 5

PROVISIONAL SECTIONS

PROVISIONAL SECTION 1

For crimes committed until 8 April 1991

(a) Death sentences will not be executed and convicts will be entitledto conditional release when they undergo ten years of their sentencespursuant to section #19 of law # 647 on the execution of the sentences,and

(b) Conditional release will be granted to those who undergo eightyears thereof if they are sentenced to lifetime imprisonment.

(c) The same privilege will be available to those who serve one-fifth oftheir sentence in other freedom-restricting sentences regardless ofwhether they are of good conduct or not.

The periods spent in detention by the convict will be taken intoconsideration in the determination of the above periods.

The deduction provisions of provisional section # 2 of law # 647 on theenforcement of sentences will not apply to such convicts.


Of the convicts sentenced for crimes committed until 8 April 1991, thosewho are found to have been in detention for the length of period indicated inprovisional section # 1 on the bases of the minimum level of the sentence providedtherefore depending on,

(a) the nature of the crime on which the indictment is based as per theindictment letter, and

(b) the specifics of the crime stated in the indictment letter or to thechanging characteristics thereof during the final investigation stage, willbe released:

(1) by the public prosecuting offices if public charges are notpreferred against them,

(2) by the concerned courts if public charges have beenpreferred against them, or

(3) by the concerned departments of the supreme court ofjustice or the supreme court of military justice if theirfiles are at the said authorities.

Trials will be proceeded with of the indicted against which public casesshall be or have been established. Subsequent to the finalization of their sentenceas a result of their trials, the provisions of the conditional release indicated in theprovisional section # I of the law will be applied in their favor.


Those who will benefit from the privileges granted by the law will notbe entitled to benefit from the above provisional section # 1 as long as theirdisciplinary punitive decisions are not rescinded under the provisions of theregulation on the management of detention houses and penitentiaries and theexecution of sentences.


The provisional section # 1 will not be implemented for those;

(a) who kill or attempt to kill public servants through acts and actionsconsidered to be terror crimes under the present law, even if such publicservants are no longer in the service,

(b) who commit the crimes mentioned in sections # 125, 146 (exceptthe ultimate subsection), 403, 404 (1), 405, 406, 407, 414, 416 (primo)and 418 of the Turkish penal code,

(c) who violate the provisions of the third chapter of the second bookof the Turkish penal code, draw money from banks in an illicit andillegal manner through action against the law on banking institutions,secure illegal profits through violation of the provisions of law # 1918on the prevention and prohibition of smuggling, obtain illicit profitsfrom public funds through tax rebates, premiums, loans, interest ratedifferentials and the like via illegal and unreal export, import andinvestment incentives and fail to return these benefits and profitstogether with the interest applicable thereto irrespective of prescribedlapse of time provisions,

(d) who commit the crimes mentioned in section # 55 through 59 of theTurkish military penal code, until 8 April 1991, the death sentencespronounced under the above sections will not, however, be executed.

The conditional release will be available to these convicts without theirapplication or irrespective of their status of good conduct when theycomplete 20 years of their sentence if there are death sentences againstthem, 15 years if they are sentenced to lifetime imprisonment andone-third if they are sentenced to other personal freedom-restrictingpunishments.

The time which they spent in detention is taken into consideration in thecalculation of these periods.

Provisions of the supplemental section # 2 of the law # 647 on theexecution of sentences are not applicable to such convicts. The provisionalsections # 2 (excepting the reference made to the provisional sections # 1 in itsultimate subsection) and 3 are applicable also to these convicts.


The ingress to Turkey will not be prevented of the persons whoseTurkish nationalities are rescinded under the section # 25 (G) of the law # 403 onthe Turkish citizenship if they apply within two years from the date of entry intoforce for benefiting from the provisional sections hereof and no conditions will besought for their ingress.

Receiver pursuant to court verdicts prior to the entry into force of thepresent law within the context of provisions rescinded under the section # 23hereof and all revenues obtained therefrom as well as all their cash assets will betransferred to the concerned organization for disposal under the section # 46 of thelaw # 2821 on the trade unions and the movable or movable properties ofassociations and foundations will be confiscated.

Section 23. Rescinded provisions

The following laws and provisions are hereby rescinded:

(a) The law # 2 on high treason,

(b) The law # 6187 on the protection of the freedoms of thought andassociations,

(c) The sections # 140, 141, 142 and 163 of the Turkish penal code #765,

(d) The subsections # 7 and 8 of the section # 5 of the law # 2908 onassociation, and

(e) The law # 2932 on the publications in languages other than Turkish.

Section 24. Entry into force

The present law will enter into force upon its publication.

Section 25. Enforcement

The present law will be enforced by the Council of Ministers. 12 April1991

XLII. UKRAINE 94

1. CRIMINAL CODE

Article 59. Infringement of the life of the representative of a foreign State

Infringement of the life of the representative of a foreign State,committed with the aim of complicating international relations, is punishable byimprisonment for a term of ten to fifteen years, with or without confiscation ofproperty, or by capital punishment, with or without confiscation of property.

Article 123. Illegal imprisonment

Illegal imprisonment is punishable by a sentence of correctional workfor a maximum term of two years.

The same action committed in a manner which endangers the health ofthe victim, or in such a way as to cause him physical suffering, is punishable byimprisonment for a maximum of three years.

Article 123-1. Capture of hostages

The capture or the holding of a person as a hostage involving the threatof killing, the causing of bodily injury or the further holding of the person for thepurpose of impelling a State, an international organization, a natural or juridicalperson or group of persons to commit or refrain from committing any action as acondition for the release of the hostage, is punishable by imprisonment for a termof 3 to 10 years. The same actions resulting in significant consequences arepunishable by imprisonment for a term of seven to fifteen years, with or withoutconfiscation of property.

Parts 1 and 2 of this article do not apply to cases of such crimescommitted in the territory of Ukraine, when the person who captured or holds thehostage remains in the territory of Ukraine and this person as well as the hostageare citizens of Ukraine.


The capture or the holding of a person as a hostage for the purpose ofimpelling the State, a public institution or body or official to commit or refrainfrom committing any action as a condition for the release of the hostage ispunishable by imprisonment for a term of three to seven years.

Actions envisaged in part 4 of this article committed by the employee ofa law-enforcement body or a representative of the government, or by his closerelatives, or by a preliminary conspiracy of a group of persons or especiallydangerous recidivists, with the aim of causing the victim minor or grievous bodilyinjury, are punishable by imprisonment for a term of five to fifteen years.

Article 187-5. Seizure of State or public buildings or edifices

The seizure of State or public buildings or edifices for the purpose oftheir unlawful use or of preventing institutions, organizations or enterprises fromcarrying out their normal work is punishable by imprisonment for a term of fiveyears or by correctional work for a maximum term of two years.

Article 206-2. Deliberately untruthful report of a threat to the security of citizensor destruction or damage to property

A deliberately untruthful oral or written report of a threat to the securityof citizens or destruction or damage to private, collective or State property bymeans of explosives, arson or any other generally dangerous method is punishableby imprisonment for a maximum term of one year, or correctional work for thesame term, or by a fine not to exceed thirty minimal monthly wages.

The same actions, resulting in significant damage to the legal rights andinterests of the citizens, their associations or the State, if committed repeatedly orby a conspiracy of a group of persons, are punishable by imprisonment for a termof one to five years.

Article 217-2. Hiacking or capture of railway rolling stock or an air, sea or rivervessel

Hijacking or capture of railway rolling stock or an air, sea orriver vessel, or capture of a railway station, airfield, port or other transportenterprise, establishment or organization is punishable by imprisonmentfor a maximum term of eight years.

The same actions committed by a preliminary conspiracy of a group ofpersons and with the use of violence or threats or the like which entailed the crashof the means of transport indicated in part 1 of this article or other graveconsequences are punishable by imprisonment for a term of three to ten years, withor without confiscation of property.

Actions envisaged in parts 1 and 2 of the article, if they entailed thedeath of one or more persons or caused grievous bodily injury, are punishable byimprisonment for a term of five to fifteen years, with confiscation of property.

XLIII. UNITED KINGDOM 95

1. TOKYO CONVENTION ACT 1967

1967 CHAPTER 52

An Act to make provision with a view to the ratification on behalf of theUnited Kingdom of the Convention on Offences and certain other Acts Committedon board Aircraft, signed in Tokyo on 14th September 1963, and to give effect tocertain provisions relating to piracy of the Convention on the High Seas, signed inGeneva on 29th April 1958; and for purposes connected with the matters aforesaid.[14th July 1967]

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the adviceand consent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows:

Application of criminal law to aircraft.

1. (1) Any act or omission taking place on board a British-controlled aircraftwhile in flight elsewhere than in or over the United Kingdom which, if takingplace in, or in a part of the United Kingdom, would constitute an offence under thelaw in force in, or in that part of, the United Kingdom shall constitute that offence:

Provided that this subsection shall not apply to any act or omissionwhich is expressly or impliedly authorised by or under that law when taking placeoutside the United Kingdom.

(2) No proceedings for any offence under the law in force in, or in a part of, theUnited Kingdom committed on board an aircraft while in flight elsewhere than inor over the United Kingdom (other than an offence under, or under any instrumentmade under, the Civil Aviation Acts 1949 and 1960 or the Civil Aviation(Eurocontrol) Act 1962) shall be instituted --

(a) in England and Wales, except by or with the consent of the Directorof Public Prosecutions; or

(b) in Northern Ireland, except by or with the consent of the AttorneyGeneral for Northern Ireland;

95 Transmitted to the Secretariat by that Government on 20 May 1996, 28 June 1999 and 23October 2000.

but the foregoing provisions of this subsection shall not prevent the arrest, or theissue of a warrant for the arrest, of any person in respect of any offence, or theremanding in custody or on bail of any person charged with any offence.

(3) For the purpose of conferring jurisdiction, any offence under the law in forcein, or in a part of, the United Kingdom committed on board an aircraft in flightshall be deemed to have been committed in any place in the United Kingdom (or,as the case may be, in that part thereof) where the offender may for the time beingbe; and section 62(1) of the Civil Aviation Act 1949 is hereby repealed.

Provisions as to extradition.

2. (1) For the purposes of the application of the Extradition Act 1870 to crimescommitted on board an aircraft in flight, any aircraft registered in a Conventioncountry shall at any time while that aircraft is in flight be deemed to be within thejurisdiction of that country, whether or not it is for the time being also within thejurisdiction of any other country; and paragraphs (1) to (3) of section 16 of thatAct (which have effect where a person's surrender is sought in respect of a crimecommitted on board a vessel on the high seas which comes into any port of theUnited Kingdom) shall have effect also where a person's surrender is sought inrespect of a crime committed on board an aircraft in flight which lands in theUnited Kingdom, but as if in the said paragraph (3) for references to the port wherethe vessel lies there were substituted references to the place at which the personwhose surrender is sought is disembarked.

(2) Sections 17 and 22 of the said Act of 1870 (which relate to the extent of thatAct) shall apply to subsection (1) of this section as if that subsection were includedin that Act.

Powers of commander of aircraft.

3. (1) The provisions of subsections (2) to (5) of this section shall have effectfor the purposes of any proceedings before any court in the United Kingdom.

(2) If the commander of an aircraft in flight, wherever that aircraft may be, hasreasonable grounds to believe in respect of any person on board the aircraft --

(a) that the person in question has done or is about to do any act on theaircraft while it is in flight which jeopardises or may jeopardise --

(i) the safety of the aircraft or of persons or property onboard the aircraft; or


(b) that the person in question has done on the aircraft while in flightany act which in the opinion of the commander is a serious offence

under any law in force in the country in which the aircraft is registered,not being a law of a political nature or based on racial or religiousdiscrimination,

then, subject to subsection (4) of this section, the commander may take withrespect to that person such reasonable measures, including restraint of his person,as may be necessary --

(i) to protect the safety of the aircraft or of persons orproperty on board the aircraft; or

(ii) to maintain good order and discipline on board theaircraft; or

(iii) to enable the commander to disembark or deliver thatperson in accordance with subsection (5) of this section;

and for the purposes of paragraph (b) of this subsection any British-controlledaircraft shall be deemed to be registered in the United Kingdom whether or not it isin fact so registered and whether or not it is in fact registered in some othercountry.

(3) Any member of the crew of an aircraft and any other person on board theaircraft may, at the request or with the authority of the commander of the aircraftand any such member shall if so required by that commander, render assistance inrestraining any person whom the commander is entitled under subsection (2) ofthis section to restrain; and at any time when the aircraft is in flight any suchmember or other person may, without obtaining the authority of the commander,take with respect to any person on board the aircraft any measures such as arementioned in the said subsection (2) which he has reasonable grounds to believeare immediately necessary to protect the safety of the aircraft or of persons orproperty on board the aircraft.

(4) Any restraint imposed on any person on board an aircraft under the powersconferred by the foregoing provisions of this section shall not be continued afterthe time when the aircraft first thereafter ceases to be in flight unless before or assoon as is reasonably practicable after that time the commander of the aircraftcauses notification of the fact that a person on board the aircraft is under restraintand of the reasons therefor to be sent to an appropriate authority of the country inwhich the aircraft so ceases to be in flight, but subject to such notification may becontinued after that time --

(a) for any period (including the period of any further flight) betweenthat time and the first occasion thereafter on which the commander isable with any requisite consent of the appropriate authorities todisembark or deliver the person under restraint in accordance withsubsection (5) of this section; or


(5) The commander of an aircraft --

(a) if in the case of any person on board the aircraft he has reasonablegrounds --

(i) to believe as mentioned in subsection (2)(a) of thissection ; and


may disembark that person in any country in which that aircraft may be;and

(b) if in the case of any person on board the aircraft he has reasonablegrounds to believe as mentioned in subsection (2)(b) of this section, maydeliver that person --

(i) in the United Kingdom, to a constable or immigrationofficer; or

(ii) in any other country which is a Convention country, to anofficer having functions corresponding to the functions inthe United Kingdom either of a constable or of animmigration officer.

(6) The commander of an aircraft --

(a) if he disembarks any person in pursuance of subsection (5)(a) ofthis section, in the case of a British-controlled aircraft, in any country or,in the case of any other aircraft, in the United Kingdom, shall report thefact of, and the reasons for, that disembarkation to--

(i) an appropriate authority in the country of disembarkation;and

(ii) the appropriate diplomatic or consular office of thecountry of nationality of that person;

(b) if he intends to deliver any person in accordance with subsection(5)(b) of this section in the United Kingdom or, in the case of aBritish-controlled aircraft, in any other country which is a Convention

443

country, shall before or as soon as reasonably practicable after landinggive notification of his intention and of the reasons therefor --

(i) where the country in question is the United Kingdom, to aconstable or immigration officer or, in the case of anyother country, to an officer having functionscorresponding to the functions in the United Kingdomeither of a constable or of an immigration officer;

(ii) in either case to the appropriate diplomatic or consularoffice of the country of nationality of that person;

and any commander of an aircraft who without reasonable cause fails to complywith the requirements of this subsection shall be liable on summary conviction to afine not exceeding one hundred pounds.

Piracy.

4. For the avoidance of doubt, it is hereby declared that for the purposes of anyproceedings before a court in the United Kingdom in respect of piracy, theprovisions set out in the Schedule to this Act of the Convention on the High Seassigned at Geneva on 29th April 1958 shall be treated as constituting part of the lawof nations, and any such court having jurisdiction in respect of piracy committedon the high seas shall have jurisdiction in respect of piracy committed by oragainst an aircraft wherever that piracy is committed.

Provisions as to evidence in connection with aircraft.

5. (1) Where in any proceedings before a court in the United Kingdom for anoffence committed on board an aircraft the testimony of any person is required andthe court is satisfied that the person in question cannot be found in the UnitedKingdom, there shall be admissible in evidence before that court any depositionrelating to the subject matter or those proceedings previously made on oath by thatperson outside the United Kingdom which was so made --


(b) before a judge or magistrate of a country such as is mentioned insection 1(3) of the British Nationality Act 1948 as for the time being inforce, or which is part of Her Majesty's dominions, or in which HerMajesty for the time being has jurisdiction, or before a consular officerof Her Majesty's Government in the United Kingdom.

(2) Any such deposition shall be authenticated by the signature of the judge,magistrate or consular officer before whom it was made who shall certify that theperson charged with the offence was present at the taking of the deposition.

(3) It shall not be necessary in any proceedings to prove the signature or officialcharacter of the person appearing so to have authenticated any such deposition orto have given such a certificate, and such a certificate shall, unless the contrary isproved, be sufficient evidence in any proceedings that the person charged with theoffence was present at the making of the deposition.

(4) If a complaint is made to such a consular officer as aforesaid that any offencehas been committed on a British-controlled aircraft while in flight elsewhere thanin or over the United Kingdom, that officer may inquire into the case upon oath.

(5) In this section--

(a) the expression "deposition" includes any affidavit, affirmation orstatement made upon oath; and

(b) the expression "oath" includes an affirmation or declaration in thecase of persons allowed by law to affirm or declare instead of swearing;

and nothing in this section shall prejudice the admission as evidence of anydeposition which is admissible in evidence apart from, this section.

Provisions as to documentary evidence.

6. (i) In any legal proceedings

(a) a document purporting to be certified by such authority or person asmay be designated for the purpose by regulations made by the Board ofTrade as being, or being a true copy of, or of part of, a document issuedor record kept in pursuance of--

(i) an Order in Council made under section 8 of the CivilAviation Act 1949; or

(ii) the Civil Aviation (Licensing) Act 1960 or this Act,

by, or by the Minister in charge of, a government department, by anofficial of a government department who is specified for the purpose inany such Order in Council, or by the Air Registration Board or the AirTransport Licensing Board; or

(b) a document printed by Her Majesty's Stationery Office andpurporting to be the publication known as the "United Kingdom AirPilot" or a publication of the series known as "Notam-United Kingdom".

shall be evidence, and in Scotland sufficient evidence, of the matters appearingfrom that document.

(2) Section 5 of the Civil Aviation (Eurocontrol) Act 1962 (which relates to theuse as evidence of certain records of the position of an aircraft or of any messageor signal transmitted to or received from an aircraft) shall apply to any legalproceedings; and the authorities or persons to be designated for the purposes ofsubsection (1) of that section shall, instead of being designated as mentioned insubsection (2) of that section, be designated in all cases by regulations made underthis subsection by the Board of Trade; and --

(a) the said subsection (2) is hereby repealed; but

(b) any provision made by regulations or Order in Council by virtue ofthat subsection and in force immediately before the commencement ofthis subsection shall continue in force as if contained in regulations madeby the Board of Trade under this subsection until varied or revoked byregulations so made.

(3) Any regulations made under this section shall be made by statutoryinstrument and be subject to annulment in pursuance of a resolution of eitherHouse of Parliament.

Interpretation, etc.

7. (1) In this Act, except where the context otherwise requires, the followingexpressions have the following meanings respectively, that is to say --

"aircraft" means any aircraft, whether or not a British-controlled aircraft, otherthan --

(a) a military aircraft; or

(b) an aircraft which, not being a military aircraft, belongs to or isexclusively employed in the service of Her Majesty in right of the UnitedKingdom;

but Her Majesty may by Order in Council, which may be varied or revoked by asubsequent Order in Council, provide that any of the provisions of this Act shallapply with or without modifications to aircraft such as are mentioned in paragraph(b) of this definition; "British-controlled aircraft" means an aircraft:

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

(b) which is not for the time being registered in any country but in thecase of which either the operator of the aircraft or each person entitled asowner to any legal or beneficial interest in it satisfies the followingrequirements, namely:

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

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

(c) which, being for the time being registered in some other country, isfor the time being chartered by demise to a person who, or to personseach of whom, satisfies the requirements aforesaid.

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

"Convention country" means a country in which the Tokyo Convention is for thetime being in force; and Her Majesty may by Order in Council certify that anycountry specified in the Order is for the time being a Convention country, and anysuch Order in Council for the time being in force shall be conclusive evidence thatthe country in question is for the time being a Convention country but may bevaried or revoked by a subsequent Order in Council;

"military aircraft" means:

(a) an aircraft of the naval, military or air forces of any country; or

(b) any other aircraft in respect of which there is in force a certificateissued in accordance with an Order in Council in force under the CivilAviation Act 1949 that the aircraft is to be treated for the purposes ofthat Order in Council as a military aircraft;

and a certificate of the Secretary of State that any aircraft is or is not a militaryaircraft for the purposes of this Act shall be conclusive evidence of the factcertified;

"operator" in relation to any aircraft at any time mean the person who at that timeas the management of that aircraft;

"pilot in command" in relation to an aircraft means a person who for the timebeing is in charge of the piloting of the aircraft without being under the directionof another pilot in the aircraft;

"Tokyo Convention" means the Convention on Offence and certain other ActsCommitted on board Aircraft signed at Tokyo on 14th September 1963.

(2) For the purposes of this Act, the period during which aircraft is in flight shallbe deemed to include:

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

447

(b) for the purposes of section 3 of this Act--

(i) any further period from the moment when all externaldoors, if any, of the aircraft are closed followingembarkation for a flight until the moment when any suchdoor is opened for disembarkation after that flight; and

(ii) if the aircraft makes a forced landing, any periodthereafter until the time when competent authorities of thecountry in which the forced landing takes place take overthe responsibility for the aircraft and for the persons andproperty on board the aircraft (being, if the forced landingtakes place in the United Kingdom, the time when aconstable arrives at the place of landing);

and any reference in this Act to an aircraft in flight shall include a reference to anaircraft during any period when it is on the surface of the sea or land but not withinthe territorial limits of any country.

(3) In this Act, except where the context otherwise requires, any reference to acountry or the territorial limits thereof shall be construed as including a referenceto the territorial waters, if any, of that country and references to a part of theUnited Kingdom shall be construed as including references to so much of theterritorial waters of the United Kingdom as are adjacent to that part.

(4) If the Board of Trade are satisfied that the requirements of Article 18 of theTokyo Convention have been satisfied (which Article makes provision as to thecountry which is to be treated as the country of registration of certain aircraftoperated by joint air transport organisations or international operating agenciesestablished by two or more Convention countries) the Board may by order providethat for the purposes of this Act such aircraft as may be specified in the order shallbe treated as registered in such Convention country as may be so specified; andany such order shall be made by statutory instrument and may be varied or revokedby a subsequent order under this subsection.

(5) For the purposes of section 7 of the Costs in Criminal Cases Act 1952 (whichmakes provision with respect to England and Wales as to the costs payable out ofcounty or county borough funds) any offence-

(a) which is committed on board an aircraft while in flight, whether inor over or outside the United Kingdom; or

(b) in respect of which jurisdiction is conferred by section 4 of this Act,

shall be treated as having been committed within Admiralty jurisdiction; andsubsections (2) and (3) of the said section 7 (which make provision with respect tooffences committed within Admiralty jurisdiction including provision for the

repayment out of moneys provided by Parliament of costs paid out of any suchfund as aforesaid) shall apply accordingly.

(6) The powers conferred on the Board of Trade by section 6 of this Act andsubsection (4) of this section shall be exercisable by the President of the Board,any Minister of State with duties concerning the affairs of the Board, anysecretary, under-secretary or assistant secretary of the Board, or any personauthorised in that behalf by the President.

Channel Islands, Isle of Man, etc.

8. (1) Her Majesty may by Order in Council direct that such of the provisionsof this Act other than section 2 as may be specified in the Order shall extend, withsuch exceptions, adaptations and modifications as may be so specified, to any ofthe Channel Islands, to the Isle of Man or to any other territory outside the UnitedKingdom for the international relations of which Her Majesty's Government in theUnited Kingdom are responsible.

(2) Any Order in Council made under this section may be varied or revoked by asubsequent Order in Council so made.

Citation and commencement.

9. (1) This Act may be cited as the Tokyo Convention Act 1967.

(2) This Act, the Civil Aviation Acts 1949 and 1960, and the Civil Aviation(Eurocontrol) Act 1962 may be cited together as the Civil Aviation Acts 1949 to1967.

(3) This Act shall come into force on such day as Her Majesty may by Order inCouncil appoint and different days may be appointed for different purposes.

SCHEDULE

PROVISIONS OF GENEVA CONVENTION ON THE HIGH SEAS TO BETREATED AS PART OF THE LAW OF NATIONS

ARTICLE 15

Piracy consists of any of the following acts:

(1) Any illegal acts of violence, detention or any act of depredation, committedfor private ends by the crew or the passengers of a private ship or a private aircraft,and directed:

(a) On the high seas, against another ship or aircraft, or against personsor property on board such ship or aircraft;

(b) Against a ship, aircraft, persons or property in a place outside thejurisdiction of any State;

(2) Any act of voluntary participation in the operation of a ship or of an aircraftwith knowledge of facts making it a pirate ship or aircraft;

(3) Any act of inciting or of intentionally facilitating an act described in

sub-paragraph (1) or sub-paragraph (2) of this article.

ARTICLE 16

The acts of piracy, as defined in article 15, committed by a warship,government ship or government aircraft whose crew has mutinied and takencontrol of the ship or aircraft are assimilated to acts committed by a private ship.

ARTICLE 17

A ship or aircraft is considered a pirate ship or aircraft if it is intended bythe persons in dominant control to be used for the purpose of committing one ofthe acts referred to in article 15. The same applies if the ship or aircraft has beenused to commit any such act, so long as it remains under the control of the personsguilty of that act.

2. SUPPRESSION OF TERRORISM ACT 197896

1978 CHAPTER 26

An Act to give effect to the European Convention on the Suppression ofTerrorism; to amend the law relating to the extradition of criminals and theobtaining of evidence for criminal proceedings outside the United Kingdom; toconfer jurisdiction in respect of certain offences committed outside the UnitedKingdom; and for connected purposes.[30th June 1978]

BE IT ENACTED by the Queen's most Excellent Majesty by and withthe advice and consent of the Lords Spiritual and Temporal, and Commons, in thispresent Parliament assembled, and by the authority of the same, as follows:

Cases in which certain offences are not to be regarded as of a political character.

1. (1) This section applies to any offence of which a person is accused or hasbeen convicted outside the United Kingdom if the act constituting the offence, orthe equivalent act, would if it took place in any part of the United Kingdom or, in

96 Schedule 2 of the Act has not been reproduced. The full text of the Act is available for

consultation from the Codification Division, Office of Legal Affairs.

450

the case of an extra-territorial offence, in corresponding circumstances outside the

United Kingdom, constitute one of the offences listed in Schedule I to this Act.

(2) For the purposes mentioned in subsection (3) below-

(a) no offence to which this section applies shall be regarded as anoffence of a political character; and

(b) no proceedings in respect of an offence to which this section appliesshall be regarded as a criminal matter of a political character or ascriminal proceedings of a political character.

(3) Those purposes are-

(a) the purposes of the Extradition Act 1870 in relation to anyrequisition for the surrender of a fugitive criminal made on behalf of aconvention country after the coming into force of this paragraph;

(b) the purposes of the Fugitive Offenders Act 1967 in relation to anyrequest for the return of a person under that Act made on behalf of aconvention country after the coming into force of this paragraph;

(c) the purposes of the Backing of Warrants (Republic of Ireland Act1965 in relation to any warrant issued in the Republic of Ireland towhich this paragraph applies by virtue of an order under subsection (4)below; and

(d) the purposes of section 5 of the Extradition Act 1873 (evidence forforeign criminal matters) and section 5 of the Evidence (Proceedings inOther Jurisdictions) Act 1975 (evidence for criminal proceedings outsidethe United Kingdom) in relation to-

(i) any criminal proceedings instituted in a conventioncountry (not being the Republic of Ireland) after thecoming into force of this sub-paragraph; and

(ii) any criminal proceedings in the Republic of Ireland towhich this sub-paragraph applies by virtue of an orderunder subsection (4) below.

(4) The Secretary of State may by order direct that subsection (3)(c) above shallapply to warrants of the kind mentioned in section l(l)(a) of the said Act of 1965issued while the order is in force, and that subsection (3)(d)(ii) above shall apply tocriminal proceedings instituted in the Republic of Ireland while the order is inforce.

(5) On the revocation of an order made under subsection (4) above-

(a) subsection (3)(c) above shall cease to apply to any warrant issuedwhile the order was in force; and

(b) subsection (3)(d)(ii) above shall cease to apply to any criminalproceedings instituted while the order was in force

but without prejudice to the validity of anything done while the order was in force.

Restrictions on return of criminal under Extradition Act 1870, or to Republic ofIreland, in certain cases.

2. (1) In relation to any requisition for the surrender of a fugitive criminalmade as mentioned in section 1(3)(a) above in respect of an offence to whichsection 1 above applies, the Extradition Act 1870 shall have effect as if at the endof paragraph (1) of section 3 (which prohibits the surrender of a criminal if heproves as there mentioned that the requisition for his surrender has in fact beenmade with a view to try or punish him for an offence of a political character) therewere added the words "or with a view to try or punish him on account of his race,religion, nationality, or political opinions, or that he might, if surrendered, beprejudiced at his trial or punished, detained or restricted in his personal liberty byreason of his race, religion, nationality or political opinions:".

(2) In relation to any warrant issued in the Republic of Ireland which specifies anoffence to which section 1 above applies, being a warrant to which paragraph (c)of subsection (3) of that section applies as mentioned in that paragraph, theBacking of Warrants (Republic of Ireland) Act of 1965 shall have effect as if at theend of section 2(2), as amended by the Criminal Jurisdiction Act 1975, (caseswhere warrant from Republic of Ireland is not to be executed) there were added thefollowing words-"or

(e) that there are substantial grounds for believing-

(i) that the warrant was in fact issued in order to secure the return ofthe person named or described in it to the Republic for the purpose ofprosecuting or punishing him on account of his race, religion, nationalityor political opinions; or

(ii) that he would, if returned there, be prejudiced at his trial orpunished, detained or restricted in his personal liberty by reason of hisrace, religion, nationality or political opinions."

Extraditable offences.

3. (1) There shall be deemed to be included in the list of extradition crimescontained in Schedule 1 to the Extradition Act 1870-

(a) any offence under the Explosive Substances Act 1883;

(b) any indictable offence under the Firearms Act 1968; and

(c) any attempt to commit any of the crimes in that list (includingcrimes added to it after the passing of this Act).

(2) There shall be deemed to be included among the descriptions of offences setout in Schedule I to the Fugitive Offenders Act 1967-

(a) any indictable offence under the Offences against the Person Act1861;

(b) any offence under the Explosive Substances Act 1883; and

(c) any indictable offence under the Firearms Act 1968.

Jurisdiction in respect of offences committed outside the United Kingdom.

4. (1) If a person, whether a citizen of the United Kingdom and Colonies ornot, does in a convention country any act which, if he had done it in a part of theUnited Kingdom, would have made him guilty in that part of the United Kingdomof-

(a) an offence mentioned in paragraph 1, 2, 4, 5, 10, 11, 12, 13, 14 or15 of Schedule 1 to this Act; or

(b) an offence of attempting to commit any offence so mentioned,

he shall, in that part of the United Kingdom, be guilty of the offence or offencesaforesaid of which the act would have made him guilty if he had done it there.

(2) If a person, whether a citizen of the United Kingdom and Colonies or not,does in a convention country any act to or in relation to a protected person which,if he had done it in a part of the United Kingdom, would have made him guilty inthat part of the United Kingdom of-

(a) an offence mentioned in paragraph 3, 6, 8 or 9 of Schedule 1 to thisAct; or

(b) an offence of attempting to commit any offence so mentioned, heshall, in that part of the United Kingdom, be guilty of the offence oroffences aforesaid of which the act would have made him guilty if hehad done it there. For the purposes of this subsection it is immaterialwhether a person knows that another person is a protected person.

(3) If a person who is a national of a convention country but not a citizen of theUnited Kingdom and Colonies does outside the United Kingdom and that

453

convention country any act which makes him in that convention country guilty ofan offence and which, if he had been a citizen of the United Kingdom andColonies, would have made him in any part of the United Kingdom guilty of anoffence mentioned in paragraph 1, 2 or 13 of Schedule 1 to this Act, he shall, inany part of the United Kingdom, be guilty of the offence or offences aforesaid ofwhich the act would have made him guilty if he had been such a citizen.

(4) Proceedings for an offence which would not be an offence apart from thissection shall not be instituted-

(a) in Northern Ireland, except by or with the consent of the AttorneyGeneral for Northern Ireland; or

(b) in England and Wales, except by or with the consent of theAttorney General;

and references to a consent provision in Article 7(3) to (5) of the Prosecution ofOffences (Northern Ireland) Order 1972 (which relates to consents to prosecutions)shall include so much of this subsection as precedes paragraph (b).

(5) Without prejudice to any jurisdiction exercisable apart from this subsection,every sheriff court in Scotland shall have jurisdiction to entertain proceedings foran offence which would not be an offence in Scotland apart from this section.

(6) In this section "a protected person" means, in relation to any such act as ismentioned in subsection (2) above, any of the following, namely-

(a) a person who at the time of the act is a Head of State, a member of abody which performs the functions of Head of State under theconstitution of the State, a Head of Government or a Minister forForeign Affairs and is outside the territory of the State in which he holdsoffice;

(b) a person who at the time of the act is a representative or an officialof a State or an official or agent of an international organization of aninter-governmental character, is entitled under international law tospecial protection from attack on his person, freedom or dignity and doesnot fall within the preceding paragraph;

(c) a person who at the time of the act is a member of the family ofanother person mentioned in either of the preceding paragraphs and-

(i) if the other person is mentioned in paragraph (a) above, isaccompanying him; or

(ii) if the other person is mentioned in paragraph (b) above, isa member of his household;

and if in any proceedings a question arises as to whether a person is or was aprotected person, a certificate issued by or under the authority of the Secretary ofState and stating any fact relating to the question shall be conclusive evidence ofthat fact.

(7) For the purposes of this section any act done-

(a) on board a ship registered in a convention country, being an actwhich, if the ship had been registered in the United Kingdom, wouldhave constituted an offence within the jurisdiction of the Admiralty; or

(b) on board an aircraft registered in a convention country while theaircraft is in flight elsewhere than in or over that country; or

(c) on board a hovercraft registered in a convention country while thehovercraft is in journey elsewhere than in or over that country,

shall be treated as done in that convention country; and section 7(2) of the TokyoConvention Act 1967 (meaning of "in flight" or, as applied to hovercraft, "injourney") shall apply for the purposes of this subsection as it applies for thepurposes of section 1 of that Act.

Power to apply provisions of Act to non-convention countries.

5. (1) In the case of any country which, not being a convention country, iseither-

(a) a designated Commonwealth country within the meaning of theFugitive Offenders Act 1967; or

(b) a foreign state with which there is in force an arrangement of thekind described in section 2 of the Extradition Act 1870 with respect tothe surrender to that state of fugitive criminals; or

(c) a United Kingdom dependency within the meaning of the FugitiveOffenders Act 1967,

the Secretary of State may by order direct-

(i) in the case of a country within paragraph (a) or (b) above,that all or any of the provisions of this Act which would,apart from this section, apply only in relation toconvention countries shall apply in relation to thatcountry (subject to such exceptions, if any, as may bespecified in the order) as they apply in relation to aconvention country; or

(ii) in the case of a country within paragraph (c) above, thatthe provisions of section 4 above shall so apply in relationto that country;

and while such an order is in force in the case of any country, the provisions inquestion shall apply in relation to it accordingly.

(2) The Secretary of State may, at any time when the Republic of Ireland is not aconvention country, by order direct that section 4 above shall apply in relation tothe Republic as if it were a convention country; and while such an order is in force,that section shall apply in relation to the Republic accordingly.

(3) An order under subsection (2) above shall, unless previously revoked, ceaseto have effect if the Republic of Ireland subsequently becomes a conventioncountry.

Amendment to Criminal Jurisdiction Act 1975.

6. (1) For paragraph 2(2) of Schedule 3 to the Criminal Jurisdiction Act 1975(postponement of operation of order for return to Republic of Ireland of personaccused of extra-territorial offence where he is serving a sentence imposed for anyother offence) there shall be substituted-

"(2) If at the time when the order under this paragraph is made the accused standscharged with or convicted of an offence other than the extra-territorial offence, somuch of the order as directs him to be delivered as aforesaid shall not take effectuntil the conclusion of the proceedings (including any appeal or retrial) in respectof that other offence and of any sentence of imprisonment or detention imposed inthose proceedings."

(2) This section shall extend to Northern Ireland only.

Extension to Channel Islands, Isle of Man and other countries.

7. (1) Subject to subsection (2) below, this Act shall extend to the ChannelIslands and the Isle of Man, and shall have effect as if each of them were part ofthe United Kingdom.

(2) Her Majesty may by Order in Council direct that this Act shall, in itsapplication to any of the said islands, have effect subject to such exceptions,adaptations or modifications as may be specified in the Order.

(3) Her Majesty may by Order in Council make provision for extending anyprovisions of this Act, with such exceptions, adaptations or modifications as maybe specified in the Order, to any colony, other than a colony for whose externalrelations a country other than the United Kingdom is responsible, or any countryoutside Her Majesty's dominions in which Her Majesty has jurisdiction in right ofthe government of the United Kingdom.

456

(4) An Order in Council under subsection (3) above shall be subject to annulmentin pursuance of a resolution of either House of Parliament.

(5) An Order in Council under subsection (2) or (3) above may be varied orrevoked by a subsequent Order in Council under that subsection.

Provisions as to interpretation and orders.

8. (1) In this Act-

"act" includes omission;

,convention country" means a country for the time being designated in an ordermade by the Secretary of State as a party to the European Convention on theSuppression of Terrorism signed at Strasbourg on the 27"' January 1977;

"country" includes any territory;

-enactment" includes an enactment of the Parliament of Northern Ireland, aMeasure of the Northern Ireland Assembly, and an Order in Council under theNorthern Ireland (Temporary Provisions) Act 1972 or the Northern Ireland Act1974.

(2) Except so far as the context otherwise requires, any reference in this Act to anenactment is a reference to it as amended by or under any other enactment,including this Act.

(3) For the purpose of construing references in this Act to other Acts, section38(1) of the Interpretation Act 1889 shall apply in cases of repeal and re-enactmentby a Measure of the Northern Ireland Assembly or by an Order in Council underthe Northern Ireland Act 1974 as it applies in cases of repeal and re-enactment byan Act.

(4) Any power to make an order conferred on the Secretary of State by anyprovision of this Act-

(a) shall be exercisable by statutory instrument; and

(b) shall include power to revoke or vary a previous order made underthat provision.

(5) No order shall be made-

(a) under section 1(4) above at a time when the Republic of Ireland isnot a convention country; or

(b) under section 5 above at any time, unless a draft of the order hasbeen laid before Parliament and approved by a resolution of each Houseof Parliament.

(6) Any statutory instrument containing an order made under section 1(4) aboveat a time when the Republic of Ireland was a convention country or an order madeunder subsection (1) above shall be laid before Parliament after being made.

Short title, repeals and commencement.

9. (1) This Act may be cited as the Suppression of Terrorism Act 1978.

(2) The enactments specified in Schedule 2 to this Act (which contains provisionssuperseded by section 3 above) are hereby repealed to the extent specified in thethird column of that Schedule.

(3) This Act shall come into force on such day as the Secretary of State may byorder appoint, and different days may be so appointed for different purposes.

SCHEDULES

SCHEDULE 1

LIST OF OFFENCES

Common law offences

1. Murder2. Manslaughter or culpable homicide3. Rape4. Kidnapping, abduction or plagium5. False imprisonment6. Assault occasioning actual bodily harm or causing injury7. Wilful fire-raising

Offences against the person

8. An offence under any of the following provisions of the Offences against thePerson Act 1861-

(a) section 18 (wounding with intent to cause grievous bodily harm);

(b) section 20 (causing grievous bodily harm);

(c) section 21 (attempting to choke etc. in order to commit or assist inthe committing of any indictable offence);

(d) section 22 (using chloroform etc. to commit or assist in thecommitting of any indictable offence);

(e) section 23 (maliciously administering poison etc. so as to endangerlife or inflict grievous bodily harm);

(f) section 24 (maliciously administering poison with intent to injureetc);

(g) section 48 (rape).

9. An offence under section 11 of the Sexual Offences Act 1956 (rape).

Abduction

10. An offence under any of the following provisions of the Offences against thePerson Act 1861--

(a) section 55 (abduction of unmarried girl under 16);

(b) section 56 (child-stealing or receiving stolen child).

11. An offence under section 20 of the Sexual Offences Act 1956 (abduction ofunmarried girl under 16).

Explosives

12. An offence under any of the following provisions of the Offences against theperson Act 1861-

(a) section 28 (causing bodily injury by gunpowder);

(b) section 29 (causing gunpowder to explode etc. with intent to dogrievous bodily harm);

(c) section 30 (placing gunpowder near a building etc. with intent tocause bodily injury).

13. An offence under any of the following provisions of the Explosive SubstancesAct 1883-

(a) section 2 (causing explosion likely to endanger life or property);

(b) section 3 (doing any act with intent to cause such an explosion,conspiring to cause such an explosion, or making or possessingexplosive with intent to endanger life or property).

Firearms

14. The following offences under the Firearms Act 1968-

(a) an offence under section 16 (possession of firearm with intent toinjure);

(b) an offence under subsection (1) of section 17 (use of firearm orimitation firearm to resist arrest) involving the use or attempted use of afirearm within the meaning of that section.

15. The following offences under the Firearms Act (Northern Ireland) 1969-

(a) an offence under section 14 consisting of a person's having in hispossession any firearm or ammunition (within the meaning of thatsection) with intent by means thereof to endanger life, or to enableanother person by means thereof to endanger life;

(b) an offence under subsection (1) of section 15 (use of firearm orimitation firearm to resist arrest) involving the use or attempted use of afirearm within the meaning of that section.

Offences against property

16. An offence under section 1(2) of the Criminal Damage Act 1971 (destroyingor damaging property intending to endanger life or being reckless as to danger tolife).

17. An offence under Article 3(2) of the Criminal Damage (Northern Ireland)Order 1977 (destroying or damaging property intending to endanger life or beingreckless as to danger to life).

Offences in relation to aircraft

18. An offence under the Hijacking Act 1971.

19. An offence under Part I of the Protection of Aircraft Act 1973.

Attempts

20. An offence of attempting to commit any offence mentioned in a precedingparagraph of this Schedule.

460

3. INTERNATIONALLY PROTECTED PERSONS ACT 1978

1978 CHAPTER 17

An Act to implement the Convention on the Prevention and Punishmentof Crimes against Internationally Protected Persons adopted by the United NationsGeneral Assembly in 1973.[30 th June 1978]

BE IT ENACTED by the Queen's most Excellent Majesty, by and withthe advice and consent of the Lords Spiritual and Temporal, and Commons, in thispresent Parliament assembled, and by the authority of the same, as follows:

Attacks and threats of attacks on protected persons.

1. (1) If a person, whether a citizen of the United Kingdom and Colonies ornot, does outside the United Kingdom-

(a) any act to or in relation to a protected person which, if he had doneit in any part of the United Kingdom, would have made him guilty of theoffence of murder, manslaughter, culpable homicide, rape, assaultoccasioning actual bodily harm or causing injury, kidnapping, abduction,false imprisonment or plagium or an offence under section 18, 20, 21,22, 23, 24, 28, 29, 30 or 56 of the Offe6nces against the Person Act 1861or section 2 of the Explosive Substances Act 1883; or

(b) in connection with an attack on any relevant premises or on anyvehicle ordinarily used by a protected person which is made when aprotected person is on or in the premises or vehicle, any act which, if hehad done it in any part of the United Kingdom, would have made himguilty of an offence under section 2 of the Explosive Substances Act1883, section 1 of the Criminal Damage Act 1971 or article 3 of theCriminal Damage (Northern Ireland) Order 1977 or the offence of wilfulfire-raising,

he shall in any part of the United Kingdom be guilty of the offences aforesaid ofwhich the act would have made him guilty if he had done it there.

(2) If a person in the United Kingdom or elsewhere, whether a citizen of theUnited Kingdom and Colonies or not-

(a) attempts to commit an offence which, by virtue of the precedingsubsection or otherwise, is an offence mentioned in paragraph (a) of thatsubsection against a protected person or an offence mentioned inparagraph (b) of that subsection in connection with an attack somentioned; or

(b) aids, abets, counsels or procures, or is art and part in, thecommission of such an offence or of an attempt to commit such anoffence,

he shall in any part of the United Kingdom be guilty of attempting to commit theoffence in question or, as the case may be, of aiding, abetting, counselling orprocuring, or being art and part in, the commission of the offence or attempt inquestion.

(3) If a person in the United Kingdom or elsewhere, whether a citizen of theUnited Kingdom and Colonies or not -

(a) makes to another person a threat that any person will do an actwhich is an offence mentioned in paragraph (a) of the precedingsubsection; or

(b) attempts to make or aids, abets, counsels or procures or is art andpart in the making of such a threat to another person,

with the intention that the other person shall fear that the threat will be carried out,the person who makes the threat or, as the case may be, who attempts to make it oraids, abets, counsels or procures or is art and part in the making of it, shall in anypart of the United Kingdom be guilty of an offence and liable on conviction onindictment to imprisonment for a term not exceeding ten years and not exceedingthe term of imprisonment to which a person would be liable for the offenceconstituted by doing the act threatened at the place where the conviction occursand at the time of the offence to which the conviction relates.

(4) For the purposes of the preceding subsections it is immaterial whether aperson knows that another person is a protected person.


"act" includes omission;

..a protected person" means, in relation to an alleged offence, any of the following,namely-

(a) a person who at the time of the alleged offence is a Head of State, amember of a body which performs the functions of Head of State underthe constitution of the State, a Head of Government or a Minister forForeign Affairs and is outside the territory of the State in which he holdsoffice;

(b) a person who at the time of the alleged offence is a representative oran official of a State or an official or agent of an internationalorganization of an intergovernmental character, is entitled under

international law to special protection from attack on his person,freedom or dignity and does not fall within the preceding paragraph;

(c) a person who at the time of the alleged offence is a member of thefamily of another person mentioned in either of the preceding paragraphsand-

(i) if the other person is mentioned in paragraph (a) above, isaccompanying him,

(ii) if the other person is mentioned in paragraph (b) above, isa member of his household;

"relevant premises" means premises at which a protected person resides or isstaying or which a protected person uses for the purpose of carrying out hisfunctions as such a person; and

"vehicle" included any means of conveyance;

and if in any proceedings a question arises as to whether a person is or was aprotected person, a certificate issued by or under the authority of the Secretary ofState and stating any fact relating to the question shall be conclusive evidence ofthat fact.

Provisions supplementary to s. 1.

2. (1) Proceedings for an offence which (disregarding the provisions of theSuppression of Terrorism Act 1978) would not be an offence apart from thepreceding section shall not be begun-

(a) in Northern Ireland, except by or with the consent of the AttorneyGeneral for Northern Ireland;

(b) in England and Wales, except by or with the consent of theAttorney General;

and references to a consent provision in article 7(3) to (5) of the Prosecution ofOffences (Northern Ireland) Order 1972 (which relates to consents forprosecutions) shall include so much of this subsection as precedes paragraph (b).

(2) Without prejudice to any jurisdiction exercisable apart from this subsection,every sheriff court in Scotland shall have jurisdiction to entertain proceedings foran offence which (disregarding the provisions of the Suppression of Terrorism Act1978) would not be an offence in Scotland apart from the preceding section.

(3) Nothing in the preceding section shall prejudice the operation of any rule oflaw relating to attempts to commit offences, section 8 of the Accessories andAbettors Act 1861 or any rule of law in Scotland relating to art and part guilt.

(4) In the Schedule to the Visiting Forces Act 1952 (which specifies the offenceswhich are offences against the person and against property for the purposes ofsection 3 of that Act)-

(a) at the end of paragraph 1 there shall be inserted the following sub-paragraph-

"(c) an offence of making such a threat as is mentioned in subsection(3)(a) of section 1 of the Internationally Protected Persons Act 1978 andany of the following offences against a protected person within themeaning of that section, namely, an offence of kidnapping, an offence offalse imprisonment and an offence under section 2 of the ExplosiveSubstances Act 1883 of causing an explosion likely to endanger life".

(b) at the end of paragraph 2 there shall be inserted the following sub-paragraph-

"(c) an offence of making such a threat as is mentioned in subsection(3)(a) of section 1 of the Internationally Protected Persons Act 1978 andthe following offence against a protected person within the meaning ofthat section, namely, an offence under section 2 of the ExplosiveSubstances Act 1883 of causing an explosion likely to endanger life.";

(c) at the end of paragraph 3 there shall be inserted the following sub-paragraph-

"(i) an offence under section 2 of the Explosive Substances Act 1883 ofcausing an explosion likely to cause serious injury to property inconnection with such an attack as is mentioned in section l(l)(b) of theInternationally Protected Persons Act 1978.";

(d) at the end of paragraph 4 there shall be inserted the following sub-paragraph-

"(c) any of the following offences in connection with such an attack as ismentioned in section 1(1)(b) of the Internationally Protected Persons Act1978, namely, an offence of wilful fire-raising and an offence undersection 2 of the Explosive Substances Act 1883 of causing an explosionlikely to cause serious injury to property.".

Extradition.

3. (1) An offence under section 1(3)(a) of this Act shall be deemed to beincluded in the list of extradition crimes in Schedule 1 to the Extradition Act 1870and among the description of offences set out in Schedule 1 to the FugitiveOffenders Act 1967.

(2) Where no such arrangement as is mentioned in section 2 of the ExtraditionAct 1870 has been made with a State which is a party to the Convention mentionedin the title to this Act, an Order in Council applying that Act may be made underthat section as if the Convention were such an arrangement with that State; butwhere that Act is applied by virtue of this subsection it shall have effect as soapplied as if the only extradition crimes within the meaning of that Act were-

(a) an offence mentioned in paragraph (a) of subsection (1) of section 1of this Act which is committed against a protected person within themeaning of that section;

(b) an offence mentioned in paragraph (b) of that subsection which iscommitted in connection with such an attack as is so mentioned;

(c) an attempt to commit an offence mentioned in the precedingparagraphs; and

(d) an offence under section 1(3) of this Act.

(3) For the purposes of the Extradition Act 1870 any act, wherever committed,which is an offence mentioned in the preceding subsection and an offence againstthe law of any State in the case of which that Act shall be deemed to be an offencecommitted within the jurisdiction of that State.

Application to Channel Islands, Isle of Man and other countries.

4. (1) Sections 17 and 22 of the Extradition Act 1870 (application to theChannel Islands, Isle of Man and United Kingdom dependencies) shall extend tothe provisions of this Act amending that Act and sections 16 and 17 of the FugitiveOffenders Act 1967 (application as aforesaid) shall extend to the provisions of thisAct amending that Act.

(2) Her Majesty may by Order in Council make provision for extending any ofthe other provisions of this Act, with such exceptions, -adaptations or modificationsas may be specified in the Order, to any of the Channel Islands, the Isle of Man,any colony, other than a colony for whose external relations a country other thanthe United Kingdom is responsible, or any country outside Her Majesty'sdominions in which Her Majesty has jurisdiction in right of the government of theUnited Kingdom.

(3) Her Majesty may by Order in Council vary or revoke any Order in Council inforce under this section.

Supplemental.

5. (1) This Act may be cited as the Internationally Protected Persons Act 1978.

(2) Any reference in this Act to an enactment is a reference to it as amended byor under any other enactment.

(3) For the purpose of construing references in this Act to other Acts, section38(1) of the Interpretation Act 1889 shall apply in cases of repeal and re-enactmentby a Measure of the Northern Ireland Assembly or by an Order in Council underthe Northern Ireland Act 1974 as it applies in cases of repeal and re-enactment byan Act; and in the preceding subsection "enactment" includes an enactment of theParliament of Northern Ireland, any such Measure and Order and an Order inCouncil under the Northern Ireland (Temporary Provisions) Act 1972.

(4) Section 4 of the Suppression of Terrorism Act 1978 (which related to certainoffences committed outside the United Kingdom) shall have effect with thefollowing amendments (which are consequential on provisions of this Act)namely-

(a) subsections (2) and (6) are hereby repealed; and

(b) in subsections (4) and (5) after the words "offence which" thereshall be inserted the words "(disregarding the provisions of theInternationally Protected Persons Act 1978)".

(5) This Act shall come into force on such day as Her Majesty may appoint byOrder in Council.

4. TAKING OF HOSTAGES ACT 1982

1982 CHAPTER 28

An Act to implement the International Convention against the Taking ofHostages; and for connected purposes.[13"t July 1982]

BE IT ENACTED by the Queen's most Excellent Majesty, by and withthe advice and consent of the Lords Spiritual and Temporal, and Commons, in thispresent Parliament assembled, and by the authority of the same, as follows: -

Hostage-taking.

1. (1) A person, whatever his nationality, who, in the United Kingdom orelsewhere, -

(a) detains any other person ("the hostage"), and

(b) in order to compel a State, international governmental organizationor person to do or abstain from doing any act, threatens to kill, injure orcontinue to detain the hostage,

466

commits an offence.

(2) A person guilty of an offence under this Act shall be liable, on conviction onindictment, to imprisonment for life.

Prosecution of offences.

2. (1) Proceedings for an offence under this Act shall not be instituted-

(a) in England and Wales, except by or with the consent of theAttorney General; and

(b) in Northern Ireland, except by or with the consent of the AttorneyGeneral for Northern Ireland.

(2) As respects Scotland, for the purpose of conferring on the sheriff jurisdictionto entertain proceedings for an offence under this Act, any such offence shall,without prejudice to any jurisdiction exercisable apart from this subsection, bedeemed to have been committed in any place in Scotland where the offender mayfor the time being be.

(3) In Part I of Schedule 4 to the Northern Ireland (Emergency Provisions) Act1978 (scheduled offences for the purposes of that Act) after paragraph 19 thereshall be inserted the following paragraph-

"Taking of Hostages Act of 1982

19A. Offences under the Taking of Hostages Act 1982.".

Extradition.

3. (1) There shall be deemed to be included-

(a) in the list of extradition crimes in Schedule 1 to the Extradition Act1870, and

(b) among the description of offences set out in Schedule 1 to theFugitive Offenders Act 1967,

any offence under this Act.

(2) In Schedule I to the Suppression of Terrorism Act 1978 (offences not to beregarded as of a political character) after paragraph 11 there shall be inserted thefollowing paragraph-

"Taking of hostages1 A. An offence under the Taking of Hostages Act 1982.".

(3) Where no such arrangement as is mentioned in section 2 of the ExtraditionAct 1870 has been made with a State which is a party to the Convention, an Orderin Council applying the Act of 1870 may be made under that section as if theConvention were such an arrangement with that State; but where the Act of 1870 isso applied it shall have effect as if the only extradition crimes within the meaningof that Act were offences under this Act and attempts to commit such offences.

(4) For the purposes of the Act of 1870 any act, wherever committed, which

(a) is an offence under this Act or an attempt to commit such anoffence, and

(b) is an offence against the law of any State in the case of which thatAct is applied by an Order in Council under section 2 of that Act,


(5) In subsection (3) above "the Convention" means the International Conventionagainst the Taking of Hostages opened for signature at New York on 18'December 1979.

Further provisions as to extradition.

4. In the Fugitive Offenders Act 1967 the following section shall be insertedafter section 4-

"Restriction on return: hostage-taking.

4A. (1) A person shall not be returned under this Act to a designatedCommonwealth country which is party to the Convention referred to in subsection(3) below, or committed to or kept in custody for the purposes of such return if itappears to the Secretary of State, to the court of committal or to the High Court ofJusticiary on an application for habeas corpus or for review of the order ofcommittal-

(a) that he might, if returned, be prejudiced at his trial by reason of theimpossibility of effecting communications between him and theappropriate authorities of the State entitled to exercise rights ofprotection in relation to him ; and

(b) that the act of omission constituting the offence of which he hasbeen accused or convicted also constituted an offence under section 1 ofthe Taking of Hostages Act 1982 or an attempt to commit such anoffence.

(2) Where the Secretary of State certifies that a country is a party to theConvention the certificate shall, in any proceedings under this Act, be conclusiveevidence of that fact.

(3) The Convention mentioned in subsections (1) and (2) above is theInternational Convention against the Taking of Hostages opened for signature atNew York on 18tb December 1979.".

Application to Channel Islands, Isle of Man, etc.

5. (1) Sections 17 and 22 of the Extradition Act 1870 and sections 16 and 17 of theFugitive Offenders Act 1967 (application to Channel Islands, Isle of Man andcolonies) shall extend respectively to the provisions of this Act amending thoseActs.

(2) Her Majesty may by Order in Council make provision for extending the otherprovisions of this Act, with such exceptions, adaptations or modifications as maybe specified in the Order, to any of the Channel Islands, the Isle of Man or anycolony.

Short title and commencement.

6. (1) This act may be cited as the Taking of Hostages Act 1982.

(2) This Act shall come into force on such day as Her Majesty may by Order inCouncil appoint.

5. AVIATION SECURITY ACT 1982

1982 CHAPTER 36

An Act to consolidate certain enactments relating to aviation security.[23rd July, 1982]

BE IT ENACTED by the Queen's most Excellent Majesty, by and withthe advice and consent of the Lords Spiritual and Temporal, and Commons, in thispresent Parliament assembled, and by the authority of the same, as follows:

PART IOFFENCES AGAINST THE SAFETY OF AIRCRAFT ETC.

Hijacking.

1. (1) A person on board an aircraft in flight who unlawfully, by the use offorce or by threats of any kind, seizes the aircraft or exercises control of it commitsthe offence of hijacking, whatever his nationality, whatever the State in which theaircraft is registered and whether the aircraft is in the United Kingdom orelsewhere, but subject to subsection (2) below.

469

(2) If-

(a) the aircraft is used in military, customs or police service, or

(b) both the place of take-off and the place of landing are in theterritory of the State in which the aircraft is registered,

subsection (1) above shall not apply unless-

(i) the person seizing or exercising control of the aircraft is aUnited Kingdom national; or

(ii) his act is committed in the United Kingdom; or

(iii) the aircraft is registered in the United Kingdom or is usedin the military or customs service of the United Kingdomor in the service of any police force in the UnitedKingdom.

(3) A person who commits the offence of hijacking shall be liable, on convictionon indictment, to imprisonment for life.

(4) If the Secretary of State by order made by statutory instrument declares-

(a) that any two or more States named in the order have established anorganisation or agency which operates aircraft; and

(b) that one of those States has been designated as exercising, foraircraft so operated, the powers of the State of registration,

the State declared under paragraph (b) of this subsection shall be deemed for thepurposes of this section to be the State in which any aircraft so operated isregistered; but in relation to such an aircraft subsection (2)(b) above shall haveeffect as if it referred to the territory of any one of the States named in the order.

2. (1) It shall, subject to subsection (4) below, be an offence for any personunlawfully and intentionally-

(a) to destroy an aircraft in service or so to damage such an aircraft asto render it incapable of flight or as to be likely to endanger its safety inflight; or

(b) to commit on board an aircraft in flight any act of violence which islikely to endanger the safety of the aircraft.

(2) It shall also, subject to subsection (4) below, be an offence for any personunlawfully and intentionally to place, or cause to be placed, on an aircraft inservice any device or substance which is likely to destroy the aircraft, or is likely

so to damage it as to render it incapable of flight or as to be likely to endanger itssafety in flight; but nothing in this subsection shall be construed as limiting thecircumstances in which the commission of any act -

(a) may constitute an offence under subsection (1) above, or

(b) may constitute attempting or conspiring to commit, or aiding.abetting, counselling or procuring, or being art and part in, thecommission of such an offence.

(3) Except as provided by subsection (4) below, subsections (1) and (2) aboveshall apply whether any such act as is therein mentioned is committed in theUnited Kingdom or elsewhere, whatever the nationality of the person committingthe act and whatever the State in which the aircraft is registered.

(4) Subsections (1) and (2) above shall not apply, to any act committed in relationto an aircraft used in military, customs or police service unless-

(a) the act is committed in the United Kingdom, or

(b) where the act is committed outside the United Kingdom the personcommitting it is a United Kingdom national.

(5) A person who commits an offence under this section shall be liable, onconviction on indictment, to imprisonment for life.

(6) In this section "unlawfully"-

(a) in relation to the commission of an act in the United Kingdom,means so as (apart from this Act) to constitute an offence under the lawof the part of the United Kingdom in which the act is committed, and

(b) in relation to the commission of an act outside the United Kingdom,means so that the commission of the act would (apart from this Act)have been an offence under the law of England and Wales if it had beencommitted in England and Wales or of Scotland if it had been committedin Scotland.

(7) In this section "act of violence" means-

(a) any act done in the United Kingdom which constitutes the offenceof murder, attempted murder, manslaughter, culpable homicide orassault or an offence under section 18, 20, 21, 22, 23, 24, 28 or 29 of theOffences against the Person Act 1861 or under section 2 of the ExplosiveSubstances Act 1883, and

(b) any act done outside the United Kingdom which, if done in theUnited Kingdom, would constitute such an offence as is mentioned inparagraph (a) above.

Other acts endangering or likely to endanger safety of aircraft.

3. (1) It shall, subject to subsections (5) and (6) below, be an offence for anyperson unlawfully and intentionally to destroy or damage any property to whichthis subsection applies, or to interfere with the operation of any such property,where the destruction, damage or interference is likely to endanger the safety ofaircraft in flight.

(2) Subsection (1) above applies to any property used for the provision of airnavigation facilities, including any land, building or ship so used, and includingany apparatus or equipment so used, whether it is on board an aircraft orelsewhere.

(3) It shall also, subject to subsections (4) and (5) below, be an offence for anyperson intentionally to communicate any information which is false, misleading ordeceptive in a material particular, where the communication of the informationendangers the safety of an aircraft in flight or is likely to endanger the safety ofaircraft in flight.

(4) It shall be a defence for a person charged with an offence under subsection (3)above to prove-

(a) that he believed, and had reasonable grounds for believing that theinformation was true; or

(b) that, when he communicated the information, he was lawfullyemployed to perform duties which consisted of or included thecommunication of information and that he communicated theinformation in good faith in the performance of those duties.

(5) Subsections (1) and (3) above shall not apply to the commission of any actunless either the act is committed in the United Kingdom, or, where it iscommitted outside the United Kingdom--

(a) the person committing it is a United Kingdom national; or

(b) the commission of the act endangers or is likely to endanger thesafety in flight of a civil aircraft registered in the United Kingdom orchartered by demise to a lessee whose principal place of business, or (ifhe has no place of business) whose permanent residence. is in the UnitedKingdom; or

(c) the act is committed on board a civil aircraft which is so registeredor so chartered; or

(d) the act is committed on board a civil aircraft which lands in theUnited Kingdom with the person who committed the act still on board.

(6) Subsection (1) above shall also not apply to any act committed outside theUnited Kingdom and so committed in relation to property which is situated outsidethe United Kingdom and is not used for the provision of air navigation facilities inconnection with international air navigation, unless the person committing the actis a United Kingdom national.

(7) A person who commits an offence under this section shall be liable, onconviction on indictment, to imprisonment for life.

(8) In this section "civil aircraft" means any aircraft other than an aircraft used inmilitary, customs or police service and "unlawfully" has the same meaning as insection 2 of this Act.

Offences in relation to certain dangerous articles.

4. (1) It shall be an offence for any person without lawful authority orreasonable excuse (the proof of which shall lie on him) to have with him-

(a) in any aircraft registered in the United Kingdom, whether at a timewhen the aircraft is in the United Kingdom or not, or

(b) in any other aircraft at a time when it is in, or in flight over, theUnited Kingdom, or

(c) in any part of an aerodrome in the United Kingdom, or

(d) in any air navigation installation in the United Kingdom which doesnot form part of an aerodrome,

any article to which this section applies.

(2) This section applies to the following articles, that is to say-

(a) any firearm, or any article having the appearance of being a firearm.whether capable of being discharged or not ;

(b) any explosive, any article manufactured or adapted (whether in theform of a bomb, grenade or otherwise) so as to have the appearance ofbeing an explosive, whether it is capable of producing a practical effectby explosion or not, or any article marked or labelled so as to indicatethat it is or contains an explosive and

(c) any article (not falling within either of the preceding paragraphs)made or adapted for use for causing injury to or incapacitating a personor for destroying or damaging property, or intended by the person havingit with him for such use, whether by him or by any other person.

(3) For the purposes of this section a person who is for the time being in anaircraft, or in part of an aerodrome, shall be treated as having with him in theaircraft, or in that part of the aerodrome, as the case may be, an article to whichthis section applies if-

(a) where he is in an aircraft, the article, or an article in which it iscontained, is in the aircraft and has been caused (whether by him or byany other person) to be brought there as being, or as forming part of, hisbaggage on a flight in the aircraft or has been caused by him to bebrought there as being, or as forming part of, any other property to becarried on such a flight, or

(b) where he is in part of an aerodrome (otherwise than in an aircraft),the article, or an article in which it is contained, is in that or any otherpart of the aerodrome and has been caused (whether by him or by anyother person) to be brought into the aerodrome as being, or as formingpart of, his baggage on a flight from that aerodrome or has been causedby him to be brought there as being, or as forming part of, any otherproperty to be carried on such a flight on which he is also to be carried,

notwithstanding that the circumstances may be such that (apart from thissubsection) he would not be regarded as having the article with him in the aircraftor in a part of the aerodrome, as the case may be.

(4) A persons guilty of an offence under this section shall be liable-

(a) on summary conviction, to a fine not exceeding the statutorymaximum or to imprisonment for a term not exceeding three months orto both;

(b) on conviction on indictment, to a fine or to imprisonment for a termnot exceeding five years or to both.

(5) Nothing in subsection (3) above shall be construed as limiting thecircumstances in which a person would, apart from that subsection, be regarded ashaving an article with him as mentioned in subsection (1) above.

Jurisdiction of courts in respect of air piracy.

5. (1) Any court in the United Kingdom having jurisdiction in respect of piracycommitted on the high seas shall have jurisdiction in respect or piracy committedby or against an aircraft, wherever that piracy is committed.

(2) In subsection (1) above, " aircraft" has the same meaning as in section 92 ofthe Civil Aviation Act 1982 (application of criminal law to aircraft); and, for thepurposes of this definition, section 101 of that Act (Crown aircraft) shall apply tothis section as it applies to the said section 92.

Ancillary offences.

6. (1) Without prejudice to section 92 of the Civil Aviation Act 1982(application of criminal law to aircraft) or to section 2(1)(b) of this Act, where aperson (of whatever nationality) does on board any aircraft (wherever registered)and while outside the United Kingdom any act which, if done in the UnitedKingdom would constitute the offence of murder, attempted murder, manslaughter,culpable homicide or assault or an offence under section 18, 20, 21, 22, 23, 28 or29 of the Offences against the Person Act 1861 or section 2 of the ExplosiveSubstances Act 1883, his act shall constitute that offence if it is done in connectionwith the offence of hijacking committed or attempted by him on board that aircraft.

(2) It shall be an offence for any person in the United Kingdom to induct or assistthe commission outside the United Kingdom of any act which---

(a) would, but for subsection (2) of section 1 of this Act, be an offenceunder that section; or

(b) would, but for subsection (4) of section 2 of this Act, be an offenceunder that section; or

(c) would, but for subsection (5) or (6) of section 3 of this Act, be anoffence under that section.

(3) A person who commits an offence under subsection (2) above shall be liable,on conviction on indictment, to imprisonment for life.

(4) Subsection (2) above shall have effect without prejudice to the operation, inrelation to any offence under section 1, 2 or 3 of this Act-

(a) in England and Wales, or in Northern Ireland, of section 8 of theAccessories and Abettors Act 1861; or

(b) in Scotland of any rule of law relating to art and part guilt.

Powers exercisable on suspicion of intended offence under Part I.

7. (1) Where a constable has reasonable cause to suspect that a person about toembark on an aircraft in the United Kingdom, or a person on board such anaircraft, intends to commit, in relation to the aircraft, an offence under any of thepreceding provisions of this Part of this Act (other than section 4), the constablemay prohibit him from travelling on board the aircraft, and for the purpose ofenforcing that prohibition the constable--

(a) may prevent him from embarking on the aircraft or, as the case maybe, may remove him from the aircraft; and

(b) may arrest him without warrant and detain him for so long as maybe necessary for that purpose.

(2) Any person who wilfully obstructs or impedes a person acting in the exerciseof a power conferred on him by subsection (1) above shall be guilty of an offenceand liable-

(a) on summary conviction, to a fine not exceeding the statutorymaximum;

(b) on conviction on indictment, to a fine or to imprisonment for a termnot exceeding two years or to both.

(3) Subsection (1) above shall have effect without prejudice to the operation inrelation to any offence under this Act-

(a) in England and Wales, of section 2 of the Criminal Law Act 1967(which confers power to arrest without warrant) or of section 3 of thatAct (use of force in making arrest etc.); or

(b) in Scotland, of any rule of law relating to power to arrest withoutwarrant; or

(c) in Northern Ireland, of section 2 or 3 of the Criminal Law Act(Northern Ireland) 1967.

Prosecution of offences and proceedings.

8. (1) Proceedings for an offence under any of the preceding provisions of thisPart of this Act (other than sections 4 and 7) shall not be instituted-

(a) in England and Wades, except by, or with the consent of, theAttorney General; and

(b) in Northern Ireland, except by, or with the consent of, the AttorneyGeneral for Northern Ireland.

(2) As respects Scotland, for the purpose of conferring on the sheriff jurisdictionto entertain proceedings for an offence under or by virtue of section 2, 3 or 6(2)(b)or (c) of this Act, any such offence shall, without prejudice to any jurisdictionexercisable apart from this subsection, be deemed to have been committed in anyplace in Scotland where the offender may for the time being be.

Extradition.

9. (1) There shall be deemed to be included-

(a) in the list of extradition crimes contained in Schedule 1 to theExtradition Act 1870; and

(b) among the descriptions of offences set out in Schedule I to theFugitive Offenders Act 1967;

any offence under any of the preceding provisions of this Part of this Act (otherthan sections 4 and 7).

(2) Where no such arrangement as is mentioned in section 2 of the ExtraditionAct 1870 has been made with a State which is a party to a relevant Convention, anOrder in Council applying that Act may be made under that section as if thatConvention were such an arrangement with that State; but where that Act is soapplied it shall have effect as if the only extradition crimes within the meaning ofthat Act were the offences which are offences in pursuance of that Convention.

(3) For the purposes of subsection (2) above-

(a) the Convention for the Suppression of Unlawful Seizure of Aircraftsigned at The Hague on 16'h December 1970 is a relevant Conventionand the offences which are offences in pursuance of that Convention arethe offences under or by virtue of section 1 or 6(1) or (2)(a) of this Actand attempts to commit such offences; and

(b) the Convention for the Suppression of Unlawful Acts against theSafety of Civil Aviation signed at Montreal on 23rd September 1971 isthe only other relevant Convention and the offences which are offencesin pursuance of that Convention are the offences under or by virtue ofsection 2, 3 or 6(2)(b) or (c) of this Act and attempts to commit suchoffences.

(4) For the purposes of the Extradition Act 1870, any act wherever committed,which-

(a) is an offence under any of the preceding provisions of this Part ofthis Act (other than sections 4 and 7) or an attempt to commit such anoffence, or would be such an offence or attempt but for section 1(2),2(4), or 3(5) or (6) of this Act, and

(b) is an offence against the law of any State in the case of which thatAct has been applied by an Order in Council under section 2 of that Act.


PART IIPROTECTION OF AIRCRAFT, AERODROMES AND AIR NAVIGATION

INSTALLATIONS AGAINST ACTS OF VIOLENCE

General purposes

Purposes to which Part II applies.

10. (1) The purposes to which this Part of this Act applies are the protectionagainst acts of violence-

(a) of aircraft, and of persons or property on board aircraft;

(b) of aerodromes, and of such persons or property as (in the case ofpersons) are at any time present in any part of an aerodrome or (in thecase of property) forms part of an aerodrome or is at any time (whetherpermanently or temporarily) in any part of an aerodrome; and

(c) of air navigation installations which do not form part of anaerodrome.

(2) In this Part of this Act "act of violence" means any act (whether actual orpotential, and whether done or to be done in the United Kingdom or elsewhere)which either--

(a) being an act done in Great Britain, constitutes, or

(b) if done in Great Britain would constitute,

the offence of murder, attempted murder, manslaughter, culpable homicide orassault, or an offence under section 18, 20, 21, 22, 23, 24, 28 or 29 of the Offencesagainst the Person Act 1861, under section 2 of the Explosive Substances Act 1883or under section 1 of the Criminal Damage Act 1971 or, in Scotland, the offence ofmalicious mischief.

Powers of Secretary of State

Power for Secretary of State to require information.

11. (1) The Secretary of State may, by notice in writing served on any personwho is-

(a) the operator of one or more aircraft registered or operating in theUnited Kingdom, or

(b) the manager of an aerodrome in the United Kingdom,

478

require that person to inform the Secretary of State of the measures, of adescription specified in the notice, which are being taken in respect of aircraftregistered or operating in the United Kingdom of which he is the operator or inrespect of that aerodrome, as the case may be, for purposes to which this Part ofthis Act applies.

(2) A notice under subsection (1) above shall specify a date (not being earlierthan four weeks from the date on which the notice is served) before which theinformation required by the notice in accordance with subsection (1) above is to befurnished to the Secretary of State.

(3) Any such notice shall also require the person on whom it is served, after hehas furnished to the Secretary of State the information required by the notice inaccordance with subsection (1) above, to inform the Secretary of State if at anytime-

(a) any further measures, in respect of aircraft registered or operating inthe United Kingdom of which at that time he is the operator, or inrespect of the aerodrome to which the information so furnished related,as the case may be, are taken for purposes to which this Part of this Actapplies, either-

(i) by way of alteration of, or addition to the measuresspecified in any information previously furnished by himunder this section, or

(ii) by way of applying any measures so specified to aircraft,or to a part of the aerodrome, not comprised in theprevious information; or

(b) any measures taken as mentioned in that subsection or in paragraph(a) of this subsection are discontinued.

(4) In so far as such a notice requires further information to be furnished to theSecretary of State in accordance with subsection (3) above, it shall require thatinformation to be furnished to him before the end of such period (not being lessthan seven days from the date on which the further measures in question are takenor the measures are discontinued, as the case may be) as is specified in the noticefor the purposes of this subsection.

(5) Any person who-

(a) refuses or without reasonable excuse, fails to comply with arequirement imposed on him by a notice under this section, or

(b) in furnishing any information so required, makes a statement whichhe knows to be false in a material particular, or recklessly makes astatement which is false in a material particular,

shall be guilty of an offence and liable-

(i) on summary conviction, to a fine not exceeding thestatutory maximum;

(ii) on conviction on indictment, to a fine or to imprisonmentfor a term not exceeding two years or to both.

(6) A notice served on a person under subsection (1) above may at any time be

revoked by a further notice served on him by the Secretary of State.

Powers to impose restrictions in relation to aircraft.

12. (1) For purposes to which this Part of this Act applies, the Secretary ofState may give a direction in writing to the operator of any one or more aircraftregistered or operating in the United Kingdom, or to the manager of anyaerodrome in the United Kingdom, requiring him-

(a) not to cause or permit persons or property to go or be taken onboard any aircraft to which the direction relates, or to come or bebrought into proximity to any such aircraft, unless such searches of thosepersons or that property as are specified in the direction have beencarried out by constables or by other persons of a description specified inthe direction, or

(b) not to cause or permit any such aircraft to fly unless such searchesof the aircraft as are specified in the direction have been carried out byconstables or by other persons of a description so specified.

(2) Subject to subsection (3) below, the Secretary of State may give a direction inwriting to the operator of any one or more aircraft registered in the UnitedKingdom requiring him not to cause or permit the aircraft to fly unless suchmodifications or alterations of the aircraft, or of apparatus or equipment installedin the aircraft, as are specified in the direction have first been carried out, or suchadditional apparatus or equipment as is so specified is first installed in the aircraft.

(3) Before giving any direction under subsection (2) above, the Secretary of Stateshall inform the Civil Aviation Authority of the modifications, alterations oradditional apparatus or equipment proposed to be required, and shall take accountof any advice given to him by that Authority with respect to those proposals.

(4) In giving any direction under subsection (2) above, the Secretary of Stateshall allow, and shall specify in the direction, such period as appears to him to bereasonably required for carrying out the modifications or alterations or installingthe additional apparatus or equipment in question; and the direction shall not takeeffect before the end of the period so specified.

(5) Subject to the following provisions of this Part of this Act, a direction givento an operator of aircraft under subsection (1) above may be given so as to relate-

(a) either to all the aircraft registered or operating in the UnitedKingdom of which at the time when the direction is given or at anysubsequent time he is the operator or only to one or more such aircraft,or to a class of such aircraft, specified in the direction;

(b) either to all persons or only to one or more persons, or persons ofone or more descriptions, specified in the direction; and

(c) either to property of every description or only to particular property,or property of one or more descriptions, specified in the direction ;

and a direction given to an operator of aircraft under subsection (2) above may begiven so as to relate either to all aircraft registered in the United Kingdom ofwhich at the time when the direction is given or at any subsequent time he is theoperator or only to one or more such aircraft, or to a class of such aircraft,specified in the direction.

(6) Subject to the following provisions of this Part of this Act, a direction givento the manager of an aerodrome under subsection (1) above may be given so as torelate-

(a) either to all aircraft which at the time when the direction is given orat any subsequent time are in any part of the aerodrome, or to a class ofsuch aircraft specified in the direction;

(b) either to all persons or only to one or more persons, or persons ofone or more descriptions, specified in the direction; and

(c) either to property of every description or only to particular property,or property of one or more descriptions, specified in the direction.

(7) Subject to the following provisions of this Part of this Act, any directiongiven under this section to any person not to cause or permit anything to be doneshall be construed as requiring him to take all such steps as in any particularcircumstances are practicable and necessary to prevent that thing from being done.

(8) A direction may be given under this section to a person appearing to theSecretary of State to be about to become-

(a) such an operator as is mentioned in subsection (1) or (2) above; or

(b) such a manager as is mentioned in subsection (1) above;

but a direction given to a person by virtue of this subsection shall not take effectuntil he becomes such an operator or manager, and, in relation to a direction so

481

given, the preceding provisions of this section shall apply with the necessarymodifications.

(9) Any person who refuses or fails to comply with a direction given to himunder this section shall be guilty of an offence and liable-

(a) on summary conviction, to a fine not exceeding the statutorymaximum;

(b) on conviction on indictment, to a fire or to imprisonment for a termnot exceeding two years or to both.

Power to require aerodrome managers to promote searches at aerodromes.

13. (1) For purposes to which this Part of this Act applies, the Secretary of Statemay give a direction in writing to the manager of any aerodrome in the UnitedKingdom requiring him to use his best endeavours to secure that such searches towhich this section applies are specified in the direction are carried out byconstables or by other persons of a description specified in the direction.

(2) The searches to which this section applies, in relation to an aerodrome, aresearches-

(a) of the aerodrome or any part of it;

(b) of any aircraft which at the time when the direction is given or atany subsequent time is in any part of the aerodrome; and

(c) of persons or property (other than aircraft) which may at any suchtime be in any part of the aerodrome.

(3) Without prejudice to section 7(l) of this Act, where a direction given underthis section to the manager of an aerodrome is for the time being in force, then if aconstable, or any other person specified in the direction in accordance with thissection has reasonable cause to suspect that an article to which section 4 of thisAct applies is in, or may be brought into, any part of the aerodrome, he may, byvirtue of this subsection and without a warrant, search any part of the aerodrome orany aircraft, vehicle, goods or other moveable property of any description which,or any person who, is for the time being in any part of the aerodrome, and for thatpurpose-

(a) may enter any building or works in the aerodrome, or enter uponany land in the aerodrome, if need be by force, and

(b) may stop any such aircraft, vehicle, goods, property or person anddetain it or him for so long as may be necessary for that purpose.

(4) Any person who-

(a) refuses or fails to comply with a direction given to him under thissection, or

(b) wilfully obstructs or impedes a person acting in the exercise of apower conferred on him by subsection (3) above,




(5) Subsection (3) above shall have effect without prejudice to the operation, inrelation to any offence under this Act-

(a) in England and Wales, of section 2 of the Criminal Law Act 1967(which confers power to arrest without warrant) or of section 3 of thatAct (use of force in making arrest etc.); or

(b) in Scotland, of any rule of law relating to power to arrest withoutwarrant; or

(c) in Northern Ireland, of section 2 or 3 of the Criminal Law Act(Northern Ireland) 1967.

General power to direct measures to be taken for purposes to which Part IIapplies.

14. (1) Subject to the following provisions of this section, the Secretary of Statemay give a direction in writing to any person who is-

(a) the operator of one or more aircraft registered or operating in theUnited Kingdom, or

(b) the manager of an aerodrome in the United Kingdom,

requiring him to take, in respect of aircraft registered or operating in the UnitedKingdom of which he is the operator or in respect of that aerodrome, as the casemay be, such measures for purposes to which this Part of this Act applies as arespecified in the direction.

(2) Without prejudice to the generality of subsection (1) above, the measures tobe specified in a direction given under this section to an operator of aircraft, or tothe manager of an aerodrome, may include the provision by the operator or

483

manager of persons charged with the duty (at such times as may be specified in thedirection)--

(a) of guarding the aircraft, or

(b) of guarding the aerodrome, or persons or property (includingaircraft) in any part of the aerodrome,

against acts of violence.

(3) A direction given under this section may be either of a general or of a specificcharacter, and may require any measures specified in the direction to be taken atsuch time or within such period as may be so specified.

(4) A direction given under subsection (1) above to an operator of aircraft may begiven so as to relate either to all the aircraft registered or operating in the UnitedKingdom of which at the time when the direction is given or at any subsequenttime he is the operator or only to one or more such aircraft, or to a class of suchaircraft specified in the direction.

(5) A direction under this section-

(a) shall not require any search (whether of persons or of property); and

(b) shall not require the modification or alteration of any aircraft, or ofany of its apparatus or equipment, or the installation of additionalapparatus or equipment, or prohibit any aircraft from being caused orpermitted to fly without some modification or alteration of the aircraft orits apparatus or equipment or the installation of additional apparatus orequipment.

(6) A direction may be given under this section to a person appearing to theSecretary of State to be about to become such an operator or manager as ismentioned in paragraph (a) or (b) of subsection (1) above, but a direction given toa person by virtue of this subsection shall not take effect until he becomes such anoperator or manager, and in relation to a direction so given, the precedingprovisions of this section shall apply with the necessary modifications.

(7) Any person-

(a) who refuses or, without reasonable excuse, fails to comply with adirection given to him under this section, or

(b) wilfully interferes with any building constructed or works executedon any land in compliance with a direction under this section or withanything installed on, under, over or across any land in compliance withsuch a direction,




(8) The ownership of any property shall not be affected by reason only that it isplaced on or under, or affixed to, any land in compliance with a direction underthis section.

Supplemental provisions with respect to directions

Matters which may be included in directions under ss. 12 to 14.

15. (1) A direction under subsection (1) of section 12 or under section 13 of thisAct may specify the minimum number of persons by whom any search to whichthe direction relates is to be carried out, the qualifications which persons carryingout any such search are to have, the manner in which any such search is to becarried out, and any apparatus, equipment or other aids to be used for the purposeof carrying out any such search.

(2) A direction under subsection (2) of section 12 of this Act may specify thequalifications required to be had by persons carrying out any modifications oralterations, or the installation of any additional apparatus or equipment, to whichthe direction relates.

(3) Before specifying any qualifications in accordance with subsection (2) above,the Secretary of State shall inform the Civil Aviation Authority of thequalifications proposed to be specified, and shall take account of any advice givento him by that Authority with respect to those proposals.

(4) A direction under section 14 of this Act may specify-

(a) the minimum number of persons to be employed for the purposes ofany measures required by the direction to be taken by an operator ofaircraft or by the manager of an aerodrome, and the qualifications whichpersons employed for those purposes are to have; and

(b) any apparatus, equipment or other aids to be used for thosepurposes.

(5) In so far as a direction under any of the preceding provisions of this Part ofthis Act requires searches to be carried out, or other measures to be taken, byconstables, the direction may require the person to whom it is given to use his bestendeavours to secure that constables will be duly authorised to carry, and willcarry, firearms when carrying out the searches or taking the measures in question.

(6) Nothing in subsections (1) to (5) above shall be construed as limiting thegenerality of any of the preceding provisions of this Part of this Act.

(7) In this section "qualifications" includes training and experience.

Limitations on scope of directions under ss. 12 to 14.

16. (1) Without prejudice to subsection (5) or section 15 of this Act, a directionshall not require or authorise any person to carry a firearm.

(2) A direction shall not have effect in relation to any aircraft used in military,customs or police service.

(3) A direction shall not have effect in relation to any aircraft of which theoperator is the Government of a country outside the United Kingdom, or is adepartment or agency of such a Government, except at a time when any suchaircraft is being used for the carriage of passengers or cargo for reward or is for thetime being allocated by that Government, department or agency for such use.

(4) A direction (except in so far as it requires any building or other works to beconstructed, executed, altered, demolished or removed) shall not be construed asrequiring or authorising the operator of any aircraft, or the manager of anyaerodrome, or any person acting as the servant or agent of such an operator ormanager, to do anything which, apart from the direction, would constitute an act ofviolence; but nothing in this subsection shall restrict the use of such force as isreasonable in the circumstances (whether at the instance of such an operator ormanager or otherwise) by a constable, or its use by any other person in the exerciseof a power conferred by section 7(1) or 13(3) of this Act or by any of the followingprovisions of this Act.

(5) In so far as a direction requires anything to be done or not done at a placeoutside the United Kingdom-

(a) it shall not have effect except in relation to aircraft registered in theUnited Kingdom, and

(b) it shall not have effect so as to require anything to be done or notdone in contravention of any provision of the law (whether civil orcriminal) in force at that place, other than any such provision relating tobreach of contract.

(6) In so far as a direction given to the manager of an aerodrome requires anybuilding or other works to be constructed, executed, altered, demolished orremoved on land outside the aerodrome, or requires any other measures to be takenon such land, the direction shall not confer on the manager of the aerodrome anyrights as against a person having-

(a) an interest in that land, or

(b) a right to occupy that land, or

(c) a right restrictive of its use;

and accordingly the direction shall not he construed as requiring the manager ofthe aerodrome to do anything which would be actionable at the suit or instance ofsuch a person in his capacity as a person having that interest or right.

(7) Nothing in this section shall be construed as derogating from any exemptionor immunity of the Crown in relation to the provisions of this Part of this Act.

(8) In this section "direction" means a direction under section 12, 13 or 14 of thisAct.

General or urgent directions under ss. 12 and 14.

17. (1) A direction given to any person under section 12 or 14 of this Act neednot be addressed to that particular person, but may be framed in general termsapplicable to all persons to whom such a direction may be given or to any class ofsuch persons to which that particular person belongs.

(2) If it appears to the Secretary of State that an exception from any directiongiven under either of those sections is required as a matter of urgency in anyparticular case he may, by a notification given (otherwise than in writing) to theperson for the time being subject to the direction, authorise that person to disregardthe requirements of the direction-

(a) in relation to such aircraft or class of aircraft, or in relation to suchpersons or property or such description of persons or property, and

(b) on such occasion or series of occasions, or for such period.

as he may specify; and the direction shall have effect in that case subject to anyexceptions so specified.

(3) Any notification given to any person under subsection (2) above with respectto any direction shall cease to have effect (if it has not already done so)-

(a) if a direction in writing is subsequently given to that personvarying or revoking the original direction; or

(b) if no such direction in writing is given within the period of thirtydays beginning with the date on which the notification was given, atthe end of that period.

(4) Any notification given under subsection (2) above shall be regarded as givento the person to whom it is directed if it is given-

(a) to any person authorised by that person to receive any suchdirection or notification;

(b) where that person is a body corporate, to the secretary, clerk orsimilar officer of the body corporate; and

(c) in any other case, to anyone holding a comparable office or position

in that person's employment.

Objections to certain directions under s. 14.

18. (1) This section applies to any direction given under section 14 of this Actwhich-

(a) requires a person to take measures consisting of or including theconstruction, execution, alteration, demolition or removal of a buildingor other works; and

(b) does not contain a statement that the measures are urgently requiredand that accordingly the direction is to take effect immediately.

(2) At any time before the end of the period of thirty days beginning with the dateon which a direction to which this section applies is given, the person to whom thedirection is given may serve on the Secretary of State a notice in writing objectingto the direction, on the grounds that the measures specified in the direction, in sofar as they relate to the construction, execution, alteration, demolition or removalof a building or other works-

(a) are unnecessary and should be dispensed with; or

(b) are excessively onerous or inconvenient and should be modified ina manner specified in the notice.

(3) Where the person to whom such a direction is given serves a notice undersubsection (2) above objecting to the direction, the Secretary of State shallconsider the grounds of the objection and, if so required by the objector, shallafford to him an opportunity of appearing before, and being heard by. a personappointed by the Secretary of State for the purpose, and shall then serve on theobjector a notice in writing either-

(a) confirming the direction as originally given; or

(b) confirming it subject to one or more modifications specified in thenotice under this subsection ; or

(c) withdrawing the direction;

and the direction shall not take effect until it has been confirmed (with or withoutmodifications) by a notice served under this subsection.

Operation of directions under Part II in relation to rights and duties under otherlaws.

19. (1) The following provisions of this section, where they refer to a directionunder any of the preceding provisions of this Part of this Act, shall be construed asreferring to that direction as it has effect subject to any limitation imposed on itsoperation-

(a) by section 16 of this Act, or

(b) by any exemption or immunity of the Crown;

and any reference in those provisions to compliance with such a direction shall beconstrued as a reference to compliance with it subject to any limitation so imposed.

(2) In so far as any such direction requires anything to be done or not done in theUnited Kingdom, the direction shall have effect notwithstanding anythingcontained in any contract (whether a United Kingdom contract or not) or containedin, or having effect by virtue of, any other Act or any rule of law; and accordinglyno proceedings (whether civil or criminal) shall lie against any person in anyUnited Kingdom court by reason of anything done or not done by him or on hisbehalf in compliance with such a direction.

(3) In so far as such a direction requires anything to be done or not done at aplace outside the United Kingdom, the direction shall have effect notwithstandinganything contained in any contract (whether a United Kingdom contract or not);and accordingly, where such a direction is inconsistent with anything in such acontract, it shall (without prejudice to any proceedings in a court other than aUnited Kingdom court) be construed as requiring compliance with the directionnotwithstanding that compliance would be in breach of that contract.

(4) No proceedings for breach of contract shall lie against any person in a UnitedKingdom court by reason of anything done or not done by him or on his behalf at aplace outside the United Kingdom in compliance with any such direction, if thecontract in question is a United Kingdom contract.

(5) In this section "United Kingdom court" means a court exercising jurisdictionin any part of the United Kingdom under the law of the United Kingdom or of partof the United Kingdom, and "United Kingdom contract" means a contract which iseither expressed to have effect in accordance with the law of the United Kingdomor of part of the United Kingdom or (not being so expressed) is a contract of whichthe proper law is the law of the United Kingdom or of part of the United Kingdom.

489

Inspection of aircraft and aerodromes.

20. (1) For the purpose of enabling the Secretary of State to determine whetherto give a direction to any person under any of the preceding provisions of this Partof this Act, or of ascertaining whether any such direction is being or has beencomplied with, any person authorised in writing by the Secretary of State (in thissection referred to as an "authorised person") shall have power, on production (ifrequired) of his credentials, to inspect-

(a) any aircraft registered or operating in the United Kingdom, at a timewhen it is in the United Kingdom, or

(b) any part of any aerodrome in the United Kingdom.

(2) An authorised person inspecting an aircraft or any part of an aerodrome undersubsection (1) shall have power-

(a) to subject any property found by him in the aircraft (but not theaircraft itself or any apparatus or equipment installed in it) or, as the casemay be, to subject that part of the aerodrome or any property found byhim there, to such tests, or

(b) to require the operator of the aircraft, or the manager of theaerodrome, to furnish to him such information,

as the authorised person may consider necessary for the purpose for which theinspection is carried out.

(3) Subject to subsection (4) below, an authorised person, for the purpose ofexercising any power conferred on him by the preceding provisions of this sectionin relation to an aircraft or in relation to an aerodrome, shall have power-

(a) for the purpose of inspecting an aircraft, to enter it and to take allsuch steps as are necessary to detain it, or

(b) for the purpose of inspecting any part of an aerodrome, to enter anybuilding or works in the aerodrome or enter upon any land in theaerodrome.

(4) The powers conferred by subsection (3) above shall not include power for anauthorised person to use force for the purpose of entering any aircraft, building orworks or entering upon any land.

(5) Any person who-

(a) wilfully obstructs or impedes a person acting in the exercise of apower conferred on him by or under this section, or

(b) refuses or, without reasonable excuse, fails to comply with arequirement imposed on him under subsection (2)(b) above, or

(c) in furnishing any information so required, makes a statement whichhe knows to be false in a material particular, or recklessly makes astatement which is false in a material particular,




Air navigation installations

Application ofprovisions of Part II to air navigation installations.

21. (1) Sections 11, 13, 14, 15, 16 and 20 of this Act shall have effect in relationto air navigation installations in the United Kingdom in accordance with thefollowing provisions of this section.

(2) In relation to any such air navigation installation which does not form part ofan aerodrome, those sections shall have effect, subject to subsection (5) below, asif in them any reference to an aerodrome were a reference to such an air navigationinstallation and any reference to the manager of an aerodrome were a reference tothe authority, responsible for such an air navigation installation.

(3) Where an air navigation installation forms part of an aerodrome in the UnitedKingdom, those sections shall have effect, subject to subsection (5) below, as if inthem any reference to an aerodrome were a reference either-

(a) to an aerodrome, or

(b) to an air navigation installation which forms part of an aerodrome,or

(c) to so much of an aerodrome as does not consist of an airnavigation installation;

and accordingly a notice under section 11 of this Act or a direction under section13 or 14 of this Act may be served or given either in respect of the whole of theaerodrome, or in respect of the air navigation installation separately, or in respectof so much of the aerodrome as does not consist of an air navigation installation.

(4) For the purposes-

(a) of the service of a notice or the giving of a direction under section11, 13 or 14 of this Act as modified by subsection (3) above, where thenotice is to be served or the direction given in respect of an airnavigation installation separately, and

(b) of the operation of section 16 (6) of this Act in relation to adirection so given,

any reference in any of those sections to the manager of the aerodrome shall beconstrued as a reference to any person who is either the manager of the aerodromeor the authority responsible for the air navigation installation.

(5) Subsections (2) and (3) above shall not apply to section 13(3) of this Act; butwhere a direction given under section 13 of this Act, as applied or modified by thepreceding provisions of this section, is for the time being in force-

(a) if it is a direction given in respect of an air navigation installationseparately (whether that installation forms part of an aerodrome or not),the said section 13 (3) shall have effect in relation to that direction as ifthe air navigation were an aerodrome and, where the direction was givento the authority responsible for the air navigation installation, as if it hadbeen given to the manager of that aerodrome;

(b) if it is a direction given in respect of so much of an aerodrome asdoes not consist of an air navigation installation, the said section 13 (3)shall have effect in relation to that direction as if any air navigationinstallation comprised in the aerodrome did not form part of theaerodrome.

(6) A direction under section 14 of this Act, as applied or modified by thepreceding provisions of this section, may be given to the authority responsible forone or more air navigation installations so as to relate either-

(a) to all air navigation installations in the United Kingdom for which itis responsible at the time when the direction is given or at anysubsequent time, or

(b) only to one or more such air navigation installations, or to a class ofsuch air navigation installations, specified in the direction.

(7) Any reference ii section 17, 18 (1) or 19 (1) of this Act to a direction givenunder a provision therein mentioned shall be construed as including a reference toa direction given under that provision as applied or modified by the precedingprovisions of this section.

(8) Notwithstanding anything in subsection (2) (a) of section 20 of this Act, aperson inspecting an air navigation installation under that section (or under thatsection as applied or modified by the preceding provisions of this section) shall notbe empowered thereby to test any apparatus or equipment which constitutes orforms part of the air navigation installation.

Miscellaneous supplemental provisions

Compensation in respect of certain measures taken under Part IT

22. (1) The provisions of this section shall have effect where, in compliancewith a direction under section 14 of this Act or under that section as applied ormodified by section 21 of this Act, the manager of an aerodrome or the authorityresponsible for an air navigation installation takes any measures consisting of theconstruction, execution, alteration, demolition or removal of a building or otherworks on land either within or outside the aerodrome or that air navigationinstallation, as the case may be.

(2) If the value of any interest in that land to which a person is entitled isdepreciated in consequence of the taking of those measures, or the person havingsuch an interest suffers loss in consequence of them by being disturbed in hisenjoyment of any of that land, he shall be entitled to compensation equal to theamount of the depreciation or loss.

(3) If any land other than the land on which the measures are taken is injuriouslyaffected by the taking of those measures, any person having an interest in thatother land, who suffers loss in consequence of its being injuriously affected, shallbe entitled to compensation equal to the amount of the loss.

(4) Any compensation to which a person is entitled under this section shall bepayable to him by the person (whether being a manager of an aerodrome or theauthority responsible for an air navigation installation) by whom the measures inquestion were taken.

(5) The provisions of Schedule 1 to this Act shall have effect for the purposes ofthis section; and the preceding provisions of this section shall have effect subjectto the provisions of that Schedule.

Annual report by Secretary of State as to notices and directions under Part 1.

23. (1) The Secretary of State shall, on or before 31st January in each year, laybefore each House of Parliament a report stating the number of notices served byhim under section 11 of this Act and the number of directions given by him undersections 12, 13 and 14 of this Act during the period of twelve months whichexpired with the preceding December.

(2) Each such report shall deal separately with notices served under section 11,directions given under section 12, directions given under section 13 and directions

given under section 14 of this Act, and, in relation to each of those matters, shallshow separately-

(a) the number of notices or directions which, during the period towhich the report relates, were served on or given to persons as being, oras appearing to the Secretary of State to be about to become, operators ofaircraft;

(b) the number of notices or directions which during that period wereserved on or given to persons as being, or as appearing to the Secretaryof State to be about to become, managers of aerodromes; and

(c) the number of notices or directions which during that period wereserved on or given to persons as being, or as appearing to the Secretaryof State to be about to become, authorities responsible for air navigationinstallations.

(3) In this section any reference to section 11, 13 or 14 of this Act shall beconstrued as including a reference to that section as applied or modified by section21 of this Act.

Service of documents.

24. Any notice, any document containing a direction and any other documentrequired or authorised by any provision of this Part of this Act to be served on orgiven to any person may be served or given-

(a) by delivering it to him, or

(b) by sending it to him by post at his usual or last-known residence orplace of business, whether in the United Kingdom or elsewhere, or

(c) in the case of a body corporate, by delivering it to the secretary,clerk or similar officer of the body corporate at its registered or principaloffice in the United Kingdom (or, if it has no office in the UnitedKingdom, at its principal office, wherever it may be) or sending it bypost to the secretary, clerk or similar officer of that body corporate atthat office.

PART IIIPOLICING OF AIRPORTS

Designated airports.

25. (1) The Secretary of State may by order designate for the purposes of thisPart of this Act any aerodrome used for the purposes of civil aviation if heconsiders that the policing of that aerodrome should, in the interests of the

494

preservation of the peace and the prevention of crime, be undertaken byconstables under the direction and control of the chief officer of police for thepolice area in which the aerodrome is wholly or mainly situated.

(2) Before making an order under subsection (1) above in relation to anyaerodrome the Secretary of State shall consult the manager of the aerodrome andthe police authority and chief officer of police for the police area in question.

(3) The power to make an order under subsection (1) above shall be exercisableby statutory instrument and-

(a) any order containing a statement that it is made with the consent ofthe manager and the authority mentioned in subsection (2) above shall besubject to annulment in pursuance of a resolution of either House ofParliament ;

(b) any order not containing such a statement shall be laid beforeParliament in draft and shall not be made unless the draft is approved byresolution of each House of Parliament.

Exercise ofpolice functions at designated airports.

26. (1) So long as any aerodrome is a designated airport-

(a) any relevant constable shall, when acting in the execution of hisduty and, in particular, for the purpose of exercising the powersconferred on such a constable by or under the following provisions ofthis Part of this Act, be entitled as against the manager of the aerodrometo enter any part of the aerodrome; and

(b) no member of any aerodrome constabulary maintained by themanager shall have the powers and privileges or be liable to the dutiesand responsibilities of a constable on the aerodrome or exercise thereany power conferred by or under any enactment on members of thatconstabulary or on constables generally.

(2) Paragraph (a) of subsection (1) above is without prejudice to any right ofentry existing apart from that paragraph.

(3) The manager of an aerodrome which is a designated airport shall-

(a) make to the police authority for the relevant police area suchpayments in respect of the policing of the aerodrome, and

(b) provide, for use in connection with the policing of the aerodrome,such accommodation and facilities

as the manager and that authority may agree or as may, in default of agreement bedetermined by the Secretary of State.

(4) Where the relevant police area is the metropolitan police district, subsection(3) above shall have effect with the substitution for references to the policeauthority of references to the receiver for that district.

Prevention of theft at designated airports.

27. (1) Any relevant constable may in any aerodrome which is a designatedairport --

(a) stop, and without warrant search and arrest, any airport employeewhom he has reasonable grounds to suspect of having in his possessionor of conveying in any manner anything stolen or unlawfully obtained onthe aerodrome; and

(b) if he has reasonable grounds to suspect that anything stolen orunlawfully obtained on the aerodrome may be found in or on any vehiclecarrying an airport employee or in or on any aircraft, stop and withoutwarrant search and detain the vehicle or, as the case may be, board andwithout warrant search the aircraft.

(2) Any relevant constable may-

(a) stop any person who is leaving a cargo area in an aerodrome whichis a designated airport and inspect any goods carried by that person;

(b) stop and search any vehicle or aircraft which is leaving any sucharea and inspect the vehicle or aircraft and any goods carried on or in it;and

(c) detain in the area-

(i) any such goods as aforesaid for which there is notproduced a document authorising their removal from thearea signed by a person authorised in that behalf by themanager of the aerodrome; and

(ii) any such vehicle or aircraft as aforesaid so long as thereare on or in it goods liable to detention under thisparagraph.

(3) Nothing in subsection (2) above shall be construed as conferring a power tosearch any person.

(4) In any cargo area in an aerodrome which is a designated airport the powers ofa constable under subsection (1)(b) above-

(a) extend to any vehicle whether or not it is carrying an airportemployee; and

(b) include power, not only to board and search an aircraft, but also tostop and detain it.

(5) In this section "airport employee", in relation to any aerodrome, means anyperson in the employment of the manager of the aerodrome and any personemployed otherwise than by the manager to work on the aerodrome.

(6) In this section "cargo area" means, subject to subsection (7) below, any areawhich appears to the Secretary of State to be used wholly or mainly for the storageor handling of cargo in an aerodrome and is designated by an order made by himfor the purposes of this section.

(7) Where an aerodrome owned or managed by the British Airports Authoritybecomes a designated airport at a time when an area in that aerodrome isdesignated for the purposes of section 12 of the Airports Authority Act 1975(which makes provision corresponding to subsections (2) to (4) above) that areashall, unless the Secretary of State by order otherwise directs, be treated as a cargoarea for the purposes of this section.

(8) Any power to make an order under this section shall be exercisable bystatutory instrument subject to annulment in pursuance of a resolution of eitherHouse of Parliament.

(9) The powers conferred by this section on a relevant constable are withoutprejudice to any powers exercisable by him apart from this section.

Byelaws for designated airports.

28. (1) So long as any aerodrome is a designated airport any power of themanager of the aerodrome to make aerodrome byelaws shall, if it would nototherwise do so-

(a) extend to the making of byelaws in respect of the whole of theaerodrome; and

(b) include power to make byelaws requiring any person, if sorequested by a relevant constable, to leave the aerodrome or anyparticular part of it or to state his name and address and the purpose ofhis being on the aerodrome.

(2) A relevant constable may remove from any aerodrome which is a designatedairport, or from any part of it-

(a) any person who, in contravention of any aerodrome byelaws, fails

or refuses to leave the aerodrome or part after being requested by the

constable to do so;

(b) any vehicle, animal or thing brought to or left within the aerodromeor part in contravention of any aerodrome byelaws and any vehicle,animal or thing likely to cause danger or obstruction.

(3) A relevant constable may without warrant arrest a person within anyaerodrome which is a designated airport-

(a) if he has reasonable cause to believe that the person hascontravened any aerodrome byelaws and he does not know and cannotascertain that person's name and address ; or

(b) if that person, in contravention of any aerodrome byelaws, fails orrefuses to leave the aerodrome or any particular part of it after beingrequested by the constable to do so.

Control of road traffic at designated airports.

29. (1) So long as any aerodrome is a designated airport, the functions of a chiefofficer of police under any provisions applying in relation to the aerodrome undersection 13(1) to (3) of the Airports Authority Act 1975 or section 37 of the CivilAviation Act 1982 (application to certain aerodromes of provisions relating toroad traffic) shall, notwithstanding any order under those sections, be exercisableby that officer to the exclusion of the chief officer of any aerodrome constabulary;and for the purposes of any functions of a chief officer of police under thoseprovisions any part of the aerodrome which is not within the relevant police areashall be treated as if it were.

(2) So long as any aerodrome is a designated airport-

(a) traffic wardens appointed by the police authority for the relevantpolice area (or, if that area is the metropolitan police district, by thecommissioner of police of the metropolis) may exercise their functionson the aerodrome and shall be entitled, as against the manager of theaerodrome, to enter the aerodrome accordingly;

(b) if the aerodrome is owned or managed by the British AirportsAuthority, no person employed by the Authority shall exercise inrelation to the aerodrome any such functions as are mentioned in section13(4) of the Airports Authority Act 1975 (appointment of traffic wardensby the Authority).

(3) The reference in subsection (1) above to section 13(1) to (3) of the AirportsAuthority Act 1975 includes a reference to section 13(2) of that Act as extended bysection 14(2) thereof (functions as respects abandoned vehicles); and subsection

(2)(a) above has effect whether or not the whole of the aerodrome is in the relevantpolice area.

Supplementary orders.

30. (1) The Secretary of State may by order make such provision as appears tohim to be necessary or expedient in connection with, or in consequence of, anyaerodrome becoming or ceasing to be a designated airport.

(2) Without prejudice to the generality of subsection (1) above and to thepreceding provisions of this Part of this Act, any order under this section may inparticular-

(a) modify or suspend the operation of any local Act in so far as itmakes provision in relation to the policing of the aerodrome;

(b) amend any aerodrome byelaws for the purpose of transferring torelevant constables any functions conferred thereby on members of anaerodrome constabulary, of extending the byelaws to the whole of theaerodrome or of including in them any such requirement as is mentionedin section 28(1)(b) of this Act ;

(c) make provision for any such transfers of officers and staff as arementioned in subsection (3) below;

(d) make provision in respect of the pension rights of officers and staffso transferred, whether by requiring the making of payments, bymodifying or revoking, or transferring or extinguishing liabilities orobligations under, any pension scheme, by transferring or winding upany pension fund or otherwise;

(e) require the manager of the aerodrome to make payments by way ofcompensation to or in respect of persons who suffer any loss of office oremployment or loss or diminution of emoluments which is attributable tothe aerodrome becoming a designated airport, being payments of suchamount and on such terms and conditions as may be specified by ordetermined in accordance with the order;

(f) exclude any part of the aerodrome from the right of entry conferredby section 26(l)(a) or 29(2)(a) of this Act.

(3) The transfers for which provision may be made under this section aretransfers, with the consent of the persons to be transferred, of-

(a) members of any aerodrome constabulary maintained by themanager of the aerodrome to the police force for the relevant police area;

(b) persons employed by the British Airports Authority to dischargesuch functions as are mentioned in section 13(4) of the AirportsAuthority Act 1975 to employment as traffic wardens by the policeauthority for the relevant police area or, if that area is the metropolitanpolice district, by the commissioner of police of the metropolis;

(c) other persons employed by the manager of the aerodrome for policepurposes to employment by the police authority for the relevant policearea or, if that area is a county, to employment by the police authority orthe county council or, if that area is the metropolitan police district, toemployment as members of the metropolitan civil staffs.

(4) Any member of an aerodrome constabulary transferred by virtue of an orderunder this section to the police force for the relevant police area shall be deemed tohave been duly appointed as a member of that force and to have been duly attestedas such and, unless the order otherwise provides, shall hold in that force the samerank as he held in the aerodrome constabulary.

(5) Any amendment of aerodrome byelaws by an order under this section shallhave effect as if duly made by the manager of the aerodrome and confirmed underthe enactment authorising the manager of the aerodrome to make aerodromebyelaws.

(6) Before making an order under this section in relation to any aerodrome theSecretary of State shall consult the manager of the aerodrome and the policeauthority and chief officer of police for the relevant police area.

(7) The power to make an order under this section shall be exercisable bystatutory instrument subject to annulment in pursuance of a resolution of eitherHouse of Parliament.

Interpretation and application of Part III to Scotland and Northern Ireland.

31. (1) In this Part of this Act, subject to the following provisions of thissection-

"aerodrome byelaws" means, in relation to any aerodrome, byelaws having effectunder any enactment authorising the manager of the aerodrome to make byelaws inrespect of the whole or any part of the aerodrome;

"'aerodrome constabulary" means, in relation to any aerodrome, any body ofconstables which the manager of the aerodrome has power to maintain at theaerodrome;

"designated airport" means any aerodrome for the time being designated undersection 25 of this Act;

"members of the metropolitan civil staffs" means persons who are employed underthe commissioner of police of the metropolis or the receiver for the metropolitanpolice district and are not constables and whose salaries are paid out of themetropolitan police fund;

"relevant police area" and "relevant constable", in relation to any aerodrome,mean respectively the police area in which the aerodrome is wholly or mainlysituated and any constable under the direction and control of the chief officer ofpolice for that area.

(2) In the application of this Part of this Act to Scotland-

(a) references to the police authority shall, where the relevant policearea is a combined area, be construed as references to the joint policecommittee; and

(b) for the words in paragraph (c) of section 30(3) of this Act from "ifthat area is a county" to the end of the paragraph there shall besubstituted the words "by any local authority exercising functions forthat area or any part of that area".

(3) In the application of this Part of this Act to Northern Ireland-

(a) the references in section 25(1) of this Act and subsection (1) aboveto constables or any constable under the direction and control of thechief officer of police for the area there mentioned shall be construed asreferences to members or any member of the Royal Ulster Constabularyor the Royal Ulster Constabulary Reserve;

(b) references in other provisions to a chief officer of police shall beconstrued as references to the Chief Constable of the Royal UlsterConstabulary; and

(c) references in any provision to the police authority or police forcefor a police area shall be construed respectively as references to thePolice Authority for Northern Ireland and the Royal Ulster Constabulary.

PART IV

THE AVIATION SECURITY FUND

The Aviation Security Fund.

32. (1) There shall continue to be, under the control and management of theSecretary of State, a fund called the Aviation Security Fund out of which paymentsshall be made in accordance with this section.

(2) The Secretary of State may, out of the Aviation Security Fund, reimburse to

any person who is-

(a) the operator of one or more aircraft registered or operating in the

United Kingdom, or

(b) the manager of an aerodrome in the United Kingdom, or

(c) the authority responsible for an air navigation installation in the

United Kingdom,

the whole or part of any expenses which, for purposes to which Part II of this Act

applies, have at any time on or after 1st June 1972 been, or may at any time afterthe commencement of this Act be, incurred by that person in relation to those

aircraft or to that aerodrome or air navigation installation, as the case may be,whether or not the expenses have been or are incurred in consequence of adirection given under Part II of this Act.

(3) For the purposes of this section any expenses incurred in paying

compensation under section 22 of this Act shall be treated as being expensesincurred as mentioned in subsection (2) above.

(4) The Secretary of State may, out of the Aviation Security Fund, reimburse tothe manager of an aerodrome such part as he may determine of-

(a) any payments made or other expenses incurred by the managerunder section 26(3) of this Act;

(b) any payments made by the manager by virtue of any order undersection 30 of this Act.

(5) If the Secretary of State certifies that any payment which, but for this

subsection, would be paid out of the Aviation Security Fund under the precedingprovisions of this section is of an exceptional nature, that payment may, with theconsent of the Treasury, be paid out of money provided by Parliament instead ofout of the Fund,

(6) Any money in the Aviation Security Fund which appears to the Secretary ofthe State not to be immediately required for the purposes of the Fund may be

deposited by him with the Bank of England or with a recognised bank or licensedinstitution within the meaning of the Banking Act 1979, and any interest received

by the Secretary of State in respect of money so deposited shall be paid by himinto the Fund.

(7) There shall be paid out of the Aviation Security Fund into the Consolidated

Fund sums equal to the amount of any expenses incurred by the Secretary of Statein the management and control of the first-mentioned Fund.

Contributions to the Fund.

33. (1) The Secretary of State may make regulations containing such provisionsas he considers appropriate for requiring managers of aerodromes to pay him, inrespect of all aerodromes or of aerodromes of a prescribed class, contributions tothe Aviation Security Fund calculated in accordance with the following provisionsof this section.

(2) Those contributions shall be payable in respect of prescribed periods and thecontribution payable for any aerodrome in respect of each such period shall be oneof the following amounts, or if the regulations so provide, the aggregate of thoseamounts, that is to say-

(a) an amount ascertained by multiplying a prescribed sum by thenumber of passengers, or passengers of a prescribed description, whoduring that period arrived by air at or departed by air from thataerodrome or the number of such passengers in excess of a prescribedlimit;

(b) an amount ascertained by multiplying a prescribed sum by the totalprescribed units of weight of each aircraft, or aircraft of a prescribeddescription, which during that period arrived at or departed from thataerodrome.

(3) Without prejudice to the generality of subsection (1) above, regulations underthis section may-

(a) prescribe the time when any contribution is to be paid;

(b) charge interest at a rate prescribed with the consent of the Treasuryon so much of any contribution as is overdue;

(c) require managers of aerodromes, in relation to the aerodromesunder their management, to furnish the Secretary of State with suchinformation, to keep such records and to make such returns to him aboutthe matters mentioned in subsection (2) above as may be prescribed;

(d) provide that contravention of any prescribed provision of theregulations (other than a failure to pay a contribution or interest on anyoverdue contribution) shall be an offence, either triable on indictment orsummarily or triable only summarily, and punishable in each case with afine, not exceeding, in the case of a summary conviction-

(i) in Great Britain, the statutory maximum if the offence isalso triable on indictment or £1,000 if it is not;

(ii) in Northern Ireland, £1,000;

(e) make such incidental, supplemental and transitional provision as the

Secretary of State thinks fit; and

(f) make different provision for different cases.

(4) The Secretary of State shall pay into the Aviation Security Fund all money

received by him by virtue of regulations made under this section.

(5) The power to make regulations under this section shall be exercisable by

statutory instrument; and regulations shall not be made under this section unless adraft of the regulations has been laid before Parliament and approved by aresolution of each House of Parliament.

(6) In this section "prescribed" means prescribed by regulations under thissection.

Financing of the Fund borrowing.

34. (1) The Secretary of State may borrow temporarily by overdraft or otherwisesuch sums in sterling as he may require for the purposes of the Aviation SecurityFund.

(2) The Secretary of State shall pay into the Aviation Security Fund any sumborrowed under subsection (1) above; and the Secretary of State shall make anyrepayment in respect of the principal of any such sum, and any payment in respectof interest thereon, out of the Fund.

(3) The aggregate amount outstanding by way of principal in respect of sumsborrowed by the Secretary of State under subsection (1) above shall not at any timeexceed £5 million, or such larger sum, not exceeding £10 million, as the Secretaryof State may, by order made by statutory instrument with the consent of theTreasury, determine.

(4) The Treasury may guarantee in such manner and on such conditions as theythink fit the repayment of, and the payment of any interest on, any sums borrowedby the Secretary of State under subsection (1) above.

(5) Immediately after any guarantee is given under subsection (4) above, theTreasury shall lay a statement of the guarantee before each House of Parliament.

(6) Any sums required by the Treasury for fulfilling any guarantee given undersubsection (4) above shall be charged on and paid out of the Consolidated Fund.

(7) Where any sum is issued out of the Consolidated Fund under subsection (6)above, the Treasury shall, as soon as possible after the end of each financial year(beginning with that in which the sum is issued and ending with that in which allliability in respect of the principal of the sum and in respect of interest thereon isfinally discharged) lay before each House of Parliament an account of that sum

and of any payments made, during the financial year to which the account relates,by way of repayment of that sum or by way of interest thereon.

(8) Any sum issued for fulfilling a guarantee given under subsection (4) aboveshall be repaid by the Secretary of State out of the Aviation Security Fund to theTreasury in such manner and over such period and with interest thereon at suchrate as the Treasury may determine; and any sums received by the Treasury underthis subsection shall be paid into the Consolidated Fund.

(9) An order shall not be made under this section unless a draft of the order hasbeen laid before the House of Commons and approved by a resolution of thatHouse.

(10) References in this section to the borrowing of any sum under subsection (1)above, the giving of a guarantee under subsection (4) above, or the issuing of anysum out of the Consolidated Fund under subsection (6) above shall, in relation toany time before the commencement of this Act, include references to theborrowing of any sum, the giving of a guarantee or the issuing of any sum out ofthat Fund under subsection (1), (4) or, as the case may be, (6) of section 3 of theCivil Aviation Act 1978.

Accounts of the Fund

35. The Secretary of State shall prepare accounts of the Aviation Security Fund insuch form as the Treasury may direct and shall send them to the Comptroller andAuditor General not later than the end of the month of November following theend of the financial year to which the accounts relate; and the Comptroller andAuditor General shall examine and certify every such account and shall lay copiesthereof, together with his report thereon, before Parliament.

Power to wind up the Fund

36. (1) The Secretary of State may at any time by order provide for the windingup of the Aviation Security Fund and, on the completion of the winding up, for thereturn to each manager of an aerodrome by whom contributions have been made tothe Fund of a share of the net assets standing to the credit of the Fund which bearsthe same proportion to those assets as the manager's contributions to the Fund inthe last twelve months during which contributions were made to the Fund bear tothe total contributions made by managers of aerodromes to the Fund during thosetwelve months.

(2) On such day as is declared by the Secretary of State by order to be that onwhich the winding up was completed sections 32(1), (5), (6) and (7) and 33 of thisAct shall cease to have effect, and as from that day subsections (2) and (4) ofsection 32 of this Act shall have effect as if-

(a) all payments under those subsections fell to be defrayed out ofmoney provided by Parliament, instead of out of the Aviation SecurityFund; and

(b) the consent of the Treasury were required for all such payments.

(3) The power to make an order under this section-

(a) shall be exercisable by statutory instrument; and

(b) shall include power to make such incidental, supplemental ortransitional provision as the Secretary of State thinks fit;

and a statutory instrument containing an order under this section shall be subject toannulment in pursuance of a resolution of either House of Parliament.

PART V

MISCELLANEOUS AND GENERAL

Offences by bodies corporate.

37. (1) Where an offence under this Act or under regulations made undersection 33 of this Act has been committed by a body corporate and is proved tohave been committed with the consent or connivance of, or to be attributable toany neglect on the part of, any director, manager, secretary or other similar officerof the body corporate, or any person who was purporting to act in any suchcapacity, he as well as the body corporate shall be guilty of that offence and shallbe liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members,subsection (1) above shall apply in relation to the acts and defaults of a member inconnection with his functions of management as if he were a director of the bodycorporate.

Interpretation etc.

38. (1) In this Act, except in so far as the context otherwise requires-

"act of violence" shall be construed in accordance with section 2(7) or, as the casemay require, section 10(2) of this Act;

"aerodrome" means the aggregate of the land, buildings and works comprised inan aerodrome within the meaning of the Civil Aviation Act 1982 and (if and so faras not comprised in an aerodrome as defined in that Act) any land, building orworks situated within the boundaries of an area designated, by an order made bythe Secretary of State which is for the time being in force, as constituting the areaof an aerodrome for the purposes of this Act;

"air navigation installation" means any building, works, apparatus or equipmentused wholly or mainly for the purpose of assisting air traffic control or as an aid toair navigation, together with any land contiguous or adjacent to any such building,works, apparatus or equipment and used wholly or mainly for purposes connectedtherewith;

"aircraft registered or operating in the United Kingdom" means any aircraft whichis either-

(a) an aircraft registered in the United Kingdom, or

(b) an aircraft not so registered which is for the time being allocated foruse on flights which (otherwise than in exceptional circumstances)include landing at or taking off from one or more aerodromes in theUnited Kingdom;

"article" includes any substance, whether in solid or liquid form or in the form of a

gas or vapour;

"constable" includes any person having the powers and privileges of a constable;

"explosive" means any article manufactured for the purpose of producing apractical effect by explosion, or intended for that purpose by a person having thearticle with him;

"firearm" includes an airgun or air pistol;

"manager", in relation to an aerodrome, means the person (whether the BritishAirports Authority, the Civil Aviation Authority, a local authority or any otherperson) by whom the aerodrome is managed;

"military service" includes naval and air force service;

"measures" (without prejudice to the generality of that expression) includes theconstruction, execution, alteration, demolition or removal of buildings or otherworks and also includes the institution or modification, and the supervision andenforcement, of any practice or procedure;

"'operator" has the same meaning as in the Civil Aviation Act 1982;

"property" includes any land, buildings or works, any aircraft or vehicle and anybaggage, cargo or other article of any description;

"the statutory maximum" means-

(a) in England and Wales, the prescribed sum within the meaning ofsection 32 of the Magistrates' Courts Act 1980 (that is to say, £1,000 or

another sum fixed by order under section 143 of that Act to take accountof changes in the value of money);

(b) in Scotland, the prescribed sum within the meaning of section 289Bof the Criminal Procedure (Scotland) Act 1975 (that is to say, £1 .000 oranother sum fixed by order under section 289D of that Act for thatpurpose);

(c) in Northern Ireland, £400;

"United Kingdom national" means an individual who is-

(a) a British citizen, a British Dependent Territories citizen or a BritishOverseas citizen;

(b) a person who under the British Nationality Act 1981 is a Britishsubject; or

(c) a British protected person (within the meaning of that Act).

(2) For the purposes of this Act-

(a) in the case of an air navigation installation provided by, or usedwholly or mainly by, the Civil Aviation Authority, and

(b) in the case of any other air navigation installation, the manager ofan aerodrome by whom it is provided, or by whom it is wholly or mainlyused,

shall be taken to be the authority responsible for that air navigation installation.

(3) For the purposes of this Act-

(a) the period during which an aircraft is in flight shall be deemed toinclude any period from the moment when all its external doors areclosed following embarkation until the moment when any such door isopened for disembarkation, and, in the case of a forced landing, anyperiod until the competent authorities take over responsibility for theaircraft and for persons and property on board; and

(b) an aircraft shall be taken to be in service during the whole of theperiod which begins with the pre-flight preparation of the aircraft for aflight and ends 24 hours after the aircraft lands having completed thatflight, and also at any time (not falling within that period) while, inaccordance with the preceding paragraph, the aircraft is in flight,

and anything done on board an aircraft while in flight over any part of the UnitedKingdom shall be treated as done in that part of the United Kingdom.

(4) For the purposes of this Act the territorial waters adjacent to any part of theUnited Kingdom shall be treated as included in that part of the United Kingdom.

(5) Any power to make an order under subsection (1) above shall be exercisableby statutory instrument; and any statutory instrument containing any such ordershall be subject to annulment in pursuance of a resolution of either House ofParliament.

(6) Any power to give a direction under any provision of this Act shall beconstrued as including power to revoke or vary any such direction by a furtherdirection given under that provision.

(7) Subject to section 18 of the Interpretation Act 1978 (which relates to offencesunder two or more laws). Part I of this Act shall not be construed as-

(a) conferring a right of action in any civil proceedings in respect ofany contravention of this Act, or

(b) derogating from any right of action or other remedy (whether civilor criminal) in proceedings instituted otherwise than under this Act.

(8) References in this Act to enactments (including the reference to Acts insection 30(2)(a) of this Act) shall include references to Northern Irelandenactments, that is to say to any enactment contained in an Act of the Parliamentof Northern Ireland or a Measure of the Northern Ireland Assembly, and withoutprejudice to the provisions of the Interpretation Act 1978, in the application of thisAct to Northern Ireland, any reference to a Northern Ireland enactment or to anenactment which the Parliament of Northern Ireland had power to amend-

(a) shall be construed as including a reference to any Northern Irelandenactment passed after this Act and re-enacting the said enactment withor without modifications, and

(b) shall, except in so far as the context otherwise requires, beconstrued as a reference to that enactment as amended by any enactment,whether passed before or after this Act, and as including a referencethereto as extended or applied by or under any other enactment includingthis Act.

Extension of Act outside United Kingdom.

39. (1) Sections 17 and 22 of the Extradition Act 1870 and sections 16 and 17 ofthe Fugitive Offenders Act 1967 (application to Channel Islands, Isle of Man andUnited Kingdom dependencies) shall extend respectively to the provisions of thisAct amending those Acts.

(2) Section 8 of the Tokyo Convention Act 1967 (application to Channel Islands,Isle of Man and United Kingdom dependencies) shall apply to section 5 of this Actas it applies to section 4 of that Act.

(3) Her Majesty may by Order in Council make provision for extending any ofthe provisions of this Act (other than the provisions to which subsection (1) or (2)above applies and the provisions of Part III) with such exceptions, adaptations ormodifications as may be specified in the Order, to any of the Channel Islands, theIsle of Man, any colony, other than a colony for whose external relations a countryother than the United Kingdom is responsible, or any country outside HerMajesty's dominions in which Her Majesty has jurisdiction in right of HerMajesty's Government in the United Kingdom.

(4) Except in pursuance of subsection (1) (2) or (3) above, the provisions of thisAct and, in particular, the repeal of the provisions which those subsections re-enactdo not affect the law of any country or territory outside the United Kingdom.

Consequential amendments, savings and repeals.

40. (1) Schedule 2 to this Act (which contains consequential amendments andsavings) shall have effect; and the provisions, of that Schedule are withoutprejudice to sections 16 and 17 of the Interpretation Act 1978 (which relate torepeals).

(2) Subject to the provisions of Schedule 2 to this Act, the enactments specifiedin Schedule 3 to this Act are hereby repealed to the extent specified in the thirdcolumn of Schedule 3.

Short title and commencement.

41. (1) This Act may be cited as the Aviation Security Act 1982.

(2) This Act shall come into force on the expiration of the period of three monthsbeginning with its passing.

SCHEDULES

SCHEDULE 1PROVISIONS RELATING TO COMPENSATION

1. This Schedule applies to compensation under section 22 of this Act (in thisSchedule referred to as "the relevant section").

2. No compensation to which this Schedule applies shall be payable unless theperson to whom it is payable in accordance with the relevant section (or inaccordance with regulations made under the following provisions of this Schedule)serves on the manager of the aerodrome by whom the measures in question were

taken a notice in writing claiming compensation under that section, and that noticeis served before the end of the period of two years from the completion of themeasures.

3. In relation to any measures taken by the manager of an aerodrome on landoutside the aerodrome, any reference in the relevant section to a direction, or tocompliance with a direction, shall be construed as if subsection (6) of section 16 ofthis Act were omitted.

4. In calculating value for any of the purposes of the relevant section-

(a) rules (2) to (4) of the rules set out in section 5 of the LandCompensation Act 1961 shall apply with the necessary modifications,and

(b) if the interest to be valued is subject to a mortgage, it shall betreated as if it were not subject to the mortgage.

5. Regulations made by the Secretary of State by statutory instrument may makeprovisions-

(a) requiring compensation to which this Schedule applies, in suchcases as may be specified in the regulations, to be paid to a person otherthan the person entitled to it in accordance with the relevant section;

(b) as to the application of any compensation to which this Scheduleapplies, or any part of it, in cases where the right to claim compensationis exercisable by reference to an interest in land which is subject to amortgage, or to a rent charge, or to the trusts of a settlement, or, inScotland to a feuduty or ground annual or to the purposes of a trust, orwhich was so subject at a time specified in the regulations; or

(c) as to any assumptions to be made, or matters to be taken into or leftout of account, for the purpose of assessing any compensation to whichthis Schedule applies.

6. A statutory instrument containing regulations made under paragraph 5 of thisSchedule shall be subject to annulment in pursuance of a resolution of eitherHouse of Parliament.

7. Any dispute arising under the relevant section or under this Schedule, whetheras to the right to any compensation or as to the amount of any compensation orotherwise, shall be referred to and determined by the Lands Tribunal.

8. For the purposes of the application of paragraphs 2 to 7 of this Schedule tocompensation in respect of measures taken by the authority responsible for an airnavigation installation, references in those paragraphs to an aerodrome and to the

manager of an aerodrome shall be construed respectively as references to an airnavigation installation and to the authority responsible for it.

9. In the application of this Schedule to Scotland-

(a) the reference in paragraph 4(a) to section 5 of the LandCompensation Act 1901 shall be construed as a reference to section 12of the Land Compensation (Scotland) Act 1963, and

(b) the reference in paragraph 7 to the Lands Tribunal shall be

construed as a reference to the Lands Tribunal for Scotland.

10. In the application of this Schedule to Northern Ireland-

(a) the reference in paragraph 4(a) to section 5 of the LandCompensation Act 1961 shall be construed, notwithstanding paragraph 4of Schedule I to the Land Compensation (Northern Ireland) Order 1982(which confines the operation of that Order to matters within thelegislative competence of the Parliament of Northern Ireland), as areference to Article 6(1) of that Order; and

(b) the reference in paragraph 7 to the Lands Tribunal shall beconstrued as a reference to the Lands Tribunal for Northern Ireland.

11. In this Schedule "mortgage" includes any charge or lien on any property forsecuring money or money's worth, and any heritable security within the meaningof section 9(8) of the Conveyancing and Feudal Reform (Scotland) Act 1970.

SCHEDULE 2

CONSEQUENTIAL AMENDMENTS AND SAVINGS

Periods running at commencement

1. Where any period of time specified in or for the purposes of any enactmentre-enacted by this Act is current at the commencement of this Act, this Act shallhave effect as if the provision of this Act re-enacting that enactment had been inforce when that period began to run.

Past offences

2. This Act (and, in particular, the following provisions of this Schedule) shallnot affect the law applicable to, or to proceedings in respect of, an offencecommitted before the commencement of this Act under any enactment repealed bythis Act.

The Visiting Forces Act 1952

3. Section 3 of the Visiting Forces Act 1952, as amended by the Protection ofAircraft Act 1973, shall, after the commencement of this Act, continue to haveeffect as so amended notwithstanding the repeal of the said Act of 1973 but subjectto the substitution in subsection (1)-

(a) for the words "section 1(4)(b) of the Hijacking Act 1971" of thewords "section 6(2)(a) of the Aviation Security Act 1982";

(b) for the words "section 1 or section 2 of the Protection of AircraftAct 1973" of the words "section 2 or section 3 of that Act"; and

(c) for the words "section 3(1)" of the words "section 6(2)(b) and (c)".

The Protection ofAircraft Act 1973

4. Where before the commencement of this Act any land, building or works wasor were, by virtue of an order under section 26 of the Protection of Aircraft Act1973, included in an aerodrome for the purposes of that the Act, the land, buildingor works shall, to the extent that that order has effect on or after thecommencement of this Act, be treated as included in that aerodrome not only forthe purposes of the provisions of this Act re-enacting provisions of that Act butalso for the purposes of the other provisions of this Act.

The Criminal Jurisdiction Act 1975

5. In paragraph 11 of Schedule 1 to the Criminal Jurisdiction Act 1975, for thewords "the Hijacking Act 1971" there shall be substituted the words "the AviationSecurity Act 1982".

The Northern Ireland (Emergency Provisions) Act 1978

6. In paragraph 14 of Schedule 4 to the Northern Ireland (EmergencyProvisions) Act 1978, for the words "the Hijacking Act 1971" there shall besubstituted the words "The Aviation Security Act 1982

The Suppression of Terrorism Act 1978

7. For paragraphs 18 and 19 of Schedule 1 to the Suppression of Terrorism Act1978 there shall be substituted the following paragraph-

"18. An offence under Part I of the Aviation Security Act 1982 (other than anoffence under section 4 or 7 of that Act)."

The British Nationality Act 1981

8. Until the commencement of the British Nationality Act 1981, section 38(1) of

this Act shall have effect as if for the definition "United Kingdom national" there

were substituted the following definition-

"United Kingdom national' means an individual who is-

(a) a citizen of the United Kingdom and Colonies; or

(b) a British subject by virtue of section 2 of the British Nationality Act1948; or

(c) a British subject without citizenship by virtue of section 13 or 16

of the said Act of 1948; or

(d) a British subject by virtue of the British Nationality Act 1965; or

(e) a British protected person within the meaning of the said Act of1948".

SCHEDULE 3

REPEALS

Chapter Short title Extent of repeal1967 c. 52. The Tokyo Convention In section 4, the words

Act 1967 from "and any such court"onwards.In section 7(1), the wordsfrom "except where" to"the said section 92".

1971 c. 70. The Hijacking Act 1971. The whole Act.1973 c. 47. The Protection of Aircraft The whole Act.

Act 1973.1974 c. 41. The Policing of Airports The whole Act.

Act 1974.1975 c. 78. The Airports Authority In Part II of Schedule 5,

Act 1975. paragraph 7.1978 c. 8. The Civil Aviation Act Sections I to 4.

1978. In section 13, insubsection (1) the wordsfrom "other" to"regulations", insubsection (2) the words"or to make regulations",and in subsection (3) the

Chapter Short title Extent of repealwords "(including anOrder in Council)".Section 16(3) and (4).

1980 c. 43 The Magistrates' Courts In Schedule 7, paragraphAct 1980. 156.

1980 c. 60. The Civil Aviation Act Sections 22 and 23.1980.

1981 c. 61. The British Nationality In Schedule 7, the entriesAct 1981. relating to the Hijacking

Act 1971 and theProtection of Aircraft Act1973.

1982 c. 16. The Civil Aviation Act In Schedule 14, paragraph1982. 10.

In Schedule 15, inparagraph 6 the wordsfrom "for the definitions"to "the said section 92";and "and paragraphs 10,13, 15 and 20(3).

6. CRIMINAL JUSTICE (TERRORISM AND CONSPIRACY)ACT 1998

An Act to make provision about procedure and forfeiture in relation tooffences concerning proscribed organisations, and about conspiracy to commitoffences outside the United Kingdom.[4th September 1998]

BE IT ENACTED by the Queen's most Excellent Majesty, by and withthe advice and consent of the Lords Spiritual and Temporal, and Commons, in thispresent Parliament assembled, and by the authority of the same, as follows:-

Proscribed organisations

Evidence and inferences: Great Britain

1. - (1) The following sections shall be inserted after section 2 of the Prevention ofTerrorism (Temporary Provisions) Act 1989-

"Evidence and inferences

2A. - (1) This section applies where a person is charged with an offence undersection 2(1)(a) above; and references here to a specified organisation must beconstrued in accordance with section 2B below.

(2) Subsection (3) below applies if a police officer of or above the rank of

superintendent states in oral evidence that in his opinion the accused-

(a) belongs to an organisation which is specified, or

(b) belonged at a particular time to an organisation which was thenspecified.

(3) If this subsection applies-

(a) the statement shall be admissible as evidence of the matter stated,but

(b) the accused shall not be committed for trial in England and Wales,or be found to have a case to answer or be convicted, solely on the basisof the statement.

(4) Subsection (6) below applies if evidence is given that-

(a) at any time before being charged with the offence the accused, onbeing questioned under caution by a constable, failed to mention a factwhich is material to the offence and which he could reasonably beexpected to mention, and

(b) before being questioned he was permitted to consult a solicitor.

(5) Subsection (6) below also applies if evidence is given that-

(a) on being charged with the offence or informed by a constable thathe might be prosecuted for it the accused failed to mention a fact whichis material to the offence and which he could reasonably be expected tomention, and

(b) before being charged or informed he was permitted to consult asolicitor.


(a) the court or jury, in considering any question whether the accusedbelongs or belonged at a particular time to a specified organisation, maydraw from the failure inferences relating to that question, but

(b) the accused shall not be committed for trial in England and Wales,or be found to have a case to answer or be convicted, solely on the basisof the inferences.

(7) Subject to any directions by the court, evidence tending to establish thefailure may be given before or after evidence tending to establish the fact whichthe accused is alleged to have failed to mention.

(8) This section does not-

(a) prejudice the admissibility of evidence admissible apart from thissection;

(b) preclude the drawing of inferences which could be drawn apartfrom this section;

(c) prejudice an enactment providing (in whatever words) that ananswer or evidence given by a person in specified circumstances is notadmissible in evidence against him or some other person in anyproceedings or class of proceedings (however described, and whethercivil or criminal).

(9) In subsection (8)(c) above the reference to giving evidence is reference togiving it in any manner (whether by giving information, making discovery ordisclosure, producing documents otherwise).

(10) In any proceedings in Scotland for an offence under section 2(l)(a) above inwhich the accused is charged with belonging to a specified organisation, where thecourt or jury draws an inference as mentioned in subsection (6) above anyevidence that belongs or, as the case may be, belonged to the organisation shall besufficient evidence of that matter.

(11) In this section "police officer" means a member of-

(a) a police force within the meaning of the Act 1996 or the (Scotland)Act 1967, or

(b) the Royal Ulster Constabulary.

(12) This section does not apply to a statement made or failure occurring beforethe day on which the Criminal Justice (Terrorism and Conspiracy) Act 1998 waspassed.

Specified organisations.

2B. - (1) For the purposes of section 2A above an organisation is specified at aparticular time if at that time-

(a) it is specified under section 3(8) of the Northern Ireland (Sentences)Act 1998 or under subsection (2) below, and

(b) it is, or forms part of, an organisation which is proscribed for thepurposes of this Act.

(2) If the condition in subsection (3) below is satisfied the Secretary of State mayby order specify an organisation which is not specified under section 3(8) of theNorthern Ireland (Sentences) Act 1998.

(3) The condition is that the Secretary of State believes that the organisation-

(a) is concerned in terrorism connected with the affairs of NorthernIreland, or in promoting or encouraging it, and

(b) has not established or is not maintaining a complete andunequivocal ceasefire.

(4) An order under this section shall be made by statutory instrument; and noorder shall be made unless a draft has been laid before, and approved by resolutionof, each House of Parliament."

(2) For the purposes of section 27 of the Prevention of Terrorism (TemporaryProvisions) Act 1989 (duration etc) sections 2A and 2B of that Act shall be treatedas having been continued in force by the order under subsection (6) of section 27which has effect when this Act is passed.

Evidence and inferences: Northern Ireland

2. The following sections shall be inserted after section 30 of the NorthernIreland. (Emergency Provisions) Act 1996 -

"Evidence and inferences.

30A. - (1) This section applies where a person is charged with an offence undersection 30(l)(a); and references here to a specified organisation must be construedin accordance with section 30B.

(2) Subsection (3) applies if a police officer of or above the rank ofsuperintendent states in oral evidence that in his opinion the accused-


(b) belonged at a particular time to an organisation which was thenspecified.



(b) the accused shall not be committed for trial or be found to have acase to answer or be convicted solely on the basis of the statement.

(4) Subsection (6) applies if evidence is given that-

(a) at any time before being charged with the offence the accused, onbeing questioned under caution by a constable, failed to mention a factwhich is material the offence and which he could reasonably be expectedto mention, and

(b) before being questioned he was permitted to consult a solicitor.

(5) Subsection (6) also applies if evidence is given that-

(a) on being charged with the offence or informed by a constable thathe might be prosecuted for it the accused failed to mention a fact whichis material the offence and which he could reasonably be expected tomention, and

(b) before being charged or informed he was permitted to consult asolicitor.


(a) the court, in considering any question whether the accused belongsor belonged at a particular time to a specified organisation, may drawfrom the failure inferences relating to that question, but

(b) the accused shall not be committed for trial or be found to have acase answer or be convicted solely on the basis of the inferences.


(8) This section does not-

(a) prejudice the admissibility of evidence admissible apart from thissection;

(b) preclude the drawing of inferences which could be drawn apartfrom this section;


(9) In subsection (8)(c) the reference to giving evidence is a reference to giving itin any manner (whether by giving information, making discovery, producingdocuments or otherwise).


(a) a police force within the meaning of the Police Act 1996 or thePolice (Scotland) Act 1967, or


(11) This section does not apply to a statement made or failure occurring beforethe day on which the Criminal Justice (Terrorism and Conspiracy) Act 1998 waspassed.

Specified organisations.

30B. (1) For the purposes of section 30A an organisation is specified at aparticular time if at that time-

(a) it is specified under section 3(8) of the Northern Ireland (Sentences)Act 1998 or under subsection (2) below, and


(2) If the condition in subsection (3) is satisfied the Secretary of State may byorder specify an organisation which is not specified under section 3(8) of theNorthern Ireland (Sentences) Act 1998.

(3) The condition is that the Secretary of State believes that the organisation-

(a) is concerned in terrorism connected with the affairs of NorthernIreland, or in promoting or encouraging it, and

(b) has not established or is not maintaining a complete andunequivocal ceasefire.

(4) An order under this section shall be made by statutory instrument; and noorder shall be made unless a draft has been laid before, and approved by resolutionof, each House of Parliament."

Arrest and detention.

3.-(1) In section 14(1)(a) of the Prevention of Terrorism (TemporaryProvisions) Act 1989 (arrest and detention of persons suspected of certain offences

etc) after "above" there shall be inserted "or under section 30 of the NorthernIreland (Emergency Provisions) Act 1996".

(2) This section applies whether the offence is suspected to have been committedbefore or on or after the day on which this Act is passed.

Forfeiture orders.

4. - (1) This section applies if-

(a) a person is convicted of an offence under section 2 of thePrevention of Terrorism (Temporary Provisions) Act 1989 (membershipetc proscribed organisations), and

(b) at the time of the offence he belonged to an organisation which wasthen a specified organisation for the purposes of section 2A that Act.

(2) This section also applies if-

(a) a person is convicted of an offence under section 30 of the NorthernIreland (Emergency Provisions) Act 1996 (membership etc of proscribedorganisations), and

(b) at the time of the offence he belonged to an organisation which wasthen a specified organisation for the purposes of section 30A of that Act.

(3) The court by or before which the person is convicted may order the forfeitureof any money or other property if-

(a) he had it in his possession or under his control at the time of theoffence, and

(b) it has been used in furtherance of or in connection with theactivities of the specified organisation, or the court believes it may be soused unless forfeited.

(4) If a person other than the convicted person claims to be the owner of orotherwise interested in anything which can be forfeited by an order under thissection, before making such order in respect of it the court must give him anopportunity to be heard.

(5) The standard of proof required to determine any question arising as towhether subsection (l)(b), (2)(b) or (3)(a) or (b) is satisfied shall be that applicablein civil proceedings.

(6) For the purposes of this section property includes property wherever situatedand whether real or personal, heritable or moveable, a thing in action or otherintangible or incorporeal property.

(7) Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act 1989shall apply in relation to orders under subsection (3) above, and in its applicationby virtue of this subsection-

(a) the references in paragraphs 1(1), 11(1) and 21(1) to section 13(2),(3) or (4) of that Act shall be treated as references to subsection (3)above;

(b) the references in paragraphs l(1)(d), 1l(1)(d) and 21(1)(d) tosection 13(6) of that Act shall be treated as references to subsection (4)above.

(8) This section applies where the offence is committed on or after the day onwhich this Act is passed, and for this purpose an offence committed over a periodof more than one day or at some time during a period of more than one day mustbe taken to be committed on the last of the days in the period.

(9) The following paragraphs apply so far as this section extends to England andWales and Scotland-

(a) section 27(5) of the Prevention of Terrorism (TemporaryProvisions) Act 1989 (duration) shall apply to this section;

(b) for the purposes of section 27 this section shall be treated as havingbeen continued in force by the order under subsection (6) of section 27which has effect when this Act is passed.

(10) So far as this section extends Northern Ireland, for the purposes of section 62of the Northern Ireland (Emergency Provisions) Act 1996 (duration etc) it shall betreated as a temporary provision of that Act.

Conspiracy to commit offences outside the United Kingdom

England and Wales.

5. (1) The following section shall be inserted after section 1 of the CriminalLaw Act 1977 (conspiracy) -

"Conspiracy to commit offences outside the United Kingdom.

1A. (1) Where each of the following conditions is satisfied in the case of anagreement, this Part of this Act has effect in relation to the agreement as it haseffect in relation to an agreement falling within section 1(1) above.

(2) The first condition is that the pursuit of the agreed course of conduct would atsome stage involve-

(a) an act by one or more of the parties, or

(b) the happening of some other event,

intended to take place in a country or territory outside the United Kingdom.

(3) The second condition is that that act or other event constitutes an offenceunder the law in force in that country or territory.

(4) The third condition is that the agreement would fall within section 1(1) aboveas an agreement relating to the commission of an offence but for the fact that theoffence would not be an offence triable in England and Wales if committed inaccordance with the parties' intentions.

(5) The fourth condition is that-

(a) a party to the agreement, or a party's agent, did anything in Englandand Wales in relation to the agreement before its formation, or

(b) a party to the agreement became a party in England and Wales (byjoining it either in person or through an agent), or

(c) a party to the agreement, or a party's agent, did or omitted anythingin England and Wales in pursuance of the agreement.

(6) In the application of this Part of this Act to an agreement in the case of whicheach of the above conditions is satisfied, a reference to an offence is to be read as areference to what would be the offence in question but for the fact that it is not anoffence triable in England and Wales.

(7) Conduct punishable under the law in force in any country or territory is anoffence under that law for the purposes of this section, however it is described inthat law.

(8) Subject to subsection (9) below, the second condition is to be taken to besatisfied unless, not later than rules of court may provide, the defence serve on theprosecution a notice-

(a) stating that, on the facts as alleged with respect to the agreed courseof conduct, the condition is not in their opinion satisfied,

(b) showing their grounds for that opinion, and

(c) requiring the prosecution to show that it is satisfied.

(9) The court may permit the defence to require the prosecution to show that thesecond condition is satisfied without the prior service of a notice under subsection(8) above.

(10) In the Crown Court the question whether the second condition is satisfiedshall be decided by the judge alone, and shall be treated as a question of law forthe purposes of-

(a) section 9(3) of the Criminal Justice Act 1987 (preparatory hearingin fraud cases), and

(b) section 31(3) of the Criminal Procedure and Investigations Act1996 (preparatory hearing in other cases).

(11) Any act done by means of a message (however communicated) is to betreated for the purposes of the fourth condition as done in England and Wales ifthe message is sent or received in England and Wales.

(12) In any proceedings in respect of an offence triable by virtue of this section, itis immaterial to guilt whether or not the accused was a British citizen at the time ofany act or other event proof of which is required for conviction of the offence.

(13) References in any enactment, instrument or document (except those in thisPart of this Act) to an offence of conspiracy to commit an offence include anoffence triable in England and Wales as such a conspiracy by virtue of this section(without prejudice to subsection (6) above).

(14) Nothing in this section-

(a) applies to an agreement entered into before the day on which theCriminal Justice (Terrorism and Conspiracy) Act 1998 was passed, or

(b) imposes criminal liability on any person acting on behalf of, orholding office under, the Crown."

(2) At the end of section 4 of that Act (restrictions on the institution ofproceedings) there shall be added-

"(5) Subject to subsection (6) below, no proceedings for an offence triable byvirtue of section 1A above may be instituted except by or with the consent of theAttorney General.

(6) The Secretary of State may by order provide that subsection (5) above shallnot apply, or shall not apply to any case of a description specified in the order.

(7) An order under ,ubsection (6) above-

(a) shall be made by statutory instrument, and

(b) shall not be made unless a draft has been laid before, and approvedby resolution of, each House of Parliament."

Northern Ireland

6. (1) The provision set out in section 5(1) shall be inserted after Article 9 ofthe Criminal Attempts and Conspiracy (northern Ireland) Order 1983 (conspiracy)as Article 9A, with the following modifications:

(a) for "this Part of this Act" substitute "this Part";

(b) for "section 1(1) above" substitute "Article 9(1)";

(c) for "England and Wales" substitute "Northern Ireland";

(d) for "subsection (9) below" substitute "paragraph (9)";

(e) for "subsection (8) above" substitute "paragraph (8)";

(f) for "section 9(3) of the Criminal Justice Act 1987" substitute"Article 8(3) of the Criminal Justice (Serious Fraud) (Northern Ireland)Order 1988";

(g) for "this section" substitute "this article"; and

(h) for "subsection (6) above" substitute "paragraph (6)".

(2) At the end of Article 12 of that Order (restrictions on the institution ofproceedings) there shall be added-

"(5) Subject to paragraph (6), no proceedings for an offence triable by virtue ofArticle 9 above may be instituted except by or with the consent of the AttorneyGeneral for Northern Ireland.

(6) The Secretary of State may by order provide that paragraph (5) shall notapply, or shall not apply to any case of a description specified in the order.

(7) No order shall be made under paragraph (6) unless a draft has been laidbefore, and approved by resolution of, each House of Parliament."

Scotland

7.- (1) The following section shall be inserted after section 11 of the CriminalProcedure (Scotland) Act 1995 (certain offences committed outside Scotland)-

"Conspiracy to commit offences outside the United Kingdom

SlIA. - (1) This section applies to any act done by a person in Scotland whichwould amount to conspiracy to commit an offence but for the fact that the criminalpurpose is intended to occur in a country or territory outside the United Kingdom.

525

(2) Where a person does an act to which this section applies, the criminalpurpose shall be treated as the offence mentioned in subsection (1) above and heshall, accordingly, be guilty of conspiracy to commit the offence.

(3) A person is guilty of an offence by virtue of this section only if the criminalpurpose would involve at some stage-

(a) an act by him or another party to the conspiracy; or

(b) the happening of some other event,

constituting an offence under the law in force in the country or territory where theact or other event was intended to take place; and conduct punishable under thelaw in force in the country or territory is an offence under that law for the purposesof this section however it is described in that law.

(4) Subject to subsection (6) below, a condition specified in subsection (3) aboveshall be taken to be satisfied unless, not later than such time as High Court may, byAct of Adjournal, prescribe, the accused serves on the prosecutor a notice-

(a) stating that, on the facts as alleged with respect to the relevant

conduct, the condition is not in his opinion satisfied;

(b) setting out the grounds for his opinion; and

(c) requiring the prosecutor to prove that the condition is satisfied.

(5) In subsection (4) above "the relevant conduct" means the agreement to effectthe criminal purpose.

(6) The court may permit the accused to require the prosecutor to prove that thecondition mentioned in subsection (4) above is satisfied without the prior serviceof a notice under that subsection.

(7) In proceedings on indictment, the question whether a condition is satisfiedshall be determined by the judge alone.

(8) Nothing in this section-

(a) applies to an act done before the day on which the Criminal Justice(Terrorism and Conspiracy) Act 1998 was passed, or

(b) imposes criminal liability on any person acting on behalf of, orholding office under, the Crown."

General

Report to Parliament.

8. The Secretary of State shall lay before both Houses of Parliament at leastonce in every 12 months a report on the working of this Act.

Consequential amendments and repeals

9. - (1) Schedule 1 (consequential amendments) shall have effect.

(2) The enactments specified in Schedule 2 are hereby repealed or revoked to theextent specified.

(3) The amendments in Part II of Schedule 1, and the repeals and revocations inPart II of Schedule 2, shall have no effect-

(a) in England and Wales and Northern Ireland, in relation to anagreement entered into before the day on which this Act is passed, or

(b) in Scotland, in relation to an act done before the day on which thisAct is passed.

Extent.

10. A provision of this Act which amends, repeals or revokes an enactment shallhave the same extent as the enactment which it amends, repeals or revokes.

Short title.

11. This Act may be cited as the Criminal Justice (Terrorism and Conspiracy) Act1998.

SCHEDULES

SCHEDULE 1CONSEQUENTIAL AMENDMENTS

PART IPROSCRIBED ORGANISATIONS

Criminal Justice Act 1988 (c.33)

1. In section 74(2) of the Criminal Justice Act 1988 (property not realisable) theword "or" at the end of paragraph (c) shall be omitted and at the end of paragraph(d) there shall be inserted "or

(e) an order under section 4(3) of the Criminal Justice (Terrorism and

Conspiracy) Act 1998 (forfeiture orders),".

Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4)

2. In Schedule 3 to the Prevention of Terrorism (Temporary Provisions) Act1989 (supervision of detention and examination powers) in paragraph 3(3)(a)(i) for"(in the case of detention under section 14) or under section 8" there shall besubstituted "or under section 30 of the Northern Ireland (Emergency Provisions)Act 1996 (in the case of detention under section 14 of this Act) or under section 8of this Act".

Drug Trafficking Act 1994 (c.37)

3. In section 6(3) of the Drug Trafficking Act 1994 (property not realisable)after paragraph (e) there shall be inserted -

"(f) section 4(3) of the Criminal Justice (Terrorism and Conspiracy) Act1998 (forfeiture orders)."

PART II

CONSPIRACY

Criminal Law Act 1977 (c.45)

4. In section 1 of the Criminal Law Act 1977 (conspiracy) the following shallcease to have effect-

(a) subsections (1A) and (1B),

(b) in subsection (4), the words from "except that" to the end, and

(c) subsections (5) and (6).

Criminal Attempts and Conspiracy (Northern Ireland) Oreder 1983 (S.I.1983/1120 (N.I. 13)).

5. In Article 9 of the Criminal Attempts and Conspiracy (Northern Ireland)Order 1983 (conspiracy) the following shall cease to have effect -

(a) paragraphs (IA) and (1B),

(b) in paragraph (4), the words from "except that" to the end, and

(c) paragraphs (5) and (6).

Computer Misuse Act 1990 (c.18)

6. (1) In section 8 of the Computer Misuse Act 1990 (relevance of externallaw) -

(a) subsection (2) shall cease to have effect,

(b) in subsection (5), for "any of subsections (1) to (3)" there shall besubstituted "subsection (1) or (3)", and

(c) subsection (6)(b) shall cease to have effect.

(2) Section 9(2)(b) of that Act (British citizenship immaterial: conspiracy) shallcease to have effect.

(3) In section 16 of that Act (application to Northern Ireland) -

(a) in subsection (4), for "Subsections (5) to (7) below apply insubstitution for subsections (1) to (3) of section 7" there shall besubstituted "Subsection (7) below shall apply in substitution forsubsection (3) of section 7", and

(b) subsections (5), (6) and (8)(a) shall cease to have effect.

Criminal Justice Act 1993 (c.36)

7. (1) Section 5(1) of the Criminal Justice Act 1993 (conspiracy, attempt andincitement) shall cease to have effect.

(2) In section 6(1) of that Act (relevance of external law) the words "by virtue ofsection IA of the Criminal Law Act 1977, or" shall cease to have effect.

Criminal Law (consolidation) (Scotland) Act 1995 (c.39)

8. Section 16A of the Criminal Law (Consolidation) (Scotland) Act 1995(conspiracy or incitement to commit certain sexual acts outside the UnitedKingdom) shall be amended as follows -

(a) in subsection (1) omit the words "conspiracy or" and "the criminalpurpose or, as the case may be,",

(b) in subsection (2) omit the words "the criminal purpose or, as thecase may be," and "conspiracy or",

(c) in subsection (3) omit paragraph (a) and the words "(b) in the caseof proceedings charging incitement", and

(d) in subsection (5) omit paragraph (a) and the words "(b) in relationto proceedings charging incitement".

Sexual Offences (Conspiracy and Incitement Act 1996 (c.29)

9. (1) Section 1 of the Sexual Offences (Conspiracy and Incitement) Act 1996(conspiracy to commit certain sexual acts outside the United Kingdom) shall ceaseto have effect.

(2) Section 3 of that Act (supplementary) shall be amended as follows -

(a) in subsection (1) for "sections 1 and 2" substitute "section 2",

(b) in subsection (2) -

(i) omit "1(3) or", and

(ii) for "the relevant conduct" substitute "what the accusedhad in view",

(c) omit subsection (3),

(d) in subsection (6) omit "1 or",

(e) omit subsection (7), and

(f) in subsection (9)-

(i) for "Subsections (7) and (8) apply" substitute "Subsection(8) applies", and

(ii) for "sections 1 and 2" substitute "section 2".

(3) Section 4(b) and (c) of that Act (application to Northern Ireland) shall ceaseto have effect.

(4) In section 7(3) of that Act (commencement), the word "1" shall cease to haveeffect.

Criminal Justice (Northern Ireland) Order 1996 (S.1. 1996/3160 (N.I. 24))

10. (1) Article 42(l)(b) of the Criminal Justice (Northern Ireland) Order 1996(attempt, conspiracy and incitement) shall cease to have effect.

(2) In Article 43(2) of that Order (relevance of external law) the words "by virtueof Article 9A of that Order, or" shall cease to have effect.

SCHEDULE 2REPEALS AND REVOCATIONS

PART IPROSCRIBED ORGANISATIONS

Chapter Short title Extent of repeal11988 c. 33. Criminal Justice Act In section 74(2) the word

1988. "of" at the end ofparagraph (c).

PART IICONSPIRACY

Chapter Short title Extent of repeal1977 c. 45. Criminal Law Act 1977. In section 1, subsections

(1A) and (IB), the wordsin subsection (4) from"except that" to the end,and subsections (5) and(6).

S.I. 1983/1120 (N.I. 13). Criminal Attempts and In Article 9, paragraphsConspiracy (Northern (1A) and (IB), the wordsIreland) Order 1983. in paragraph (4) from

"except that" to the end,and paragraphs (5) and(6).

1990 c. 18. Computer Misuse Act Section 7(1) and (2).1990. Section 8(2) and (6)(b).

Section 9(2)(b).Section 16(5), (6) and(8)(a).

1993 c. 36. Criminal Justice Act Section 5(1).1993. In section 6(1), the words

"by virtue of section IAof the Criminal Law Act1977, or".

1995 c.39. Criminal Law In section 16A, in(Consolidation) subsection (1) the words(Scotland) Act 1995. "conspiracy or" and "the

criminal purpose or, asthe case may be,", insubsection (2) the words"the criminal purpose or,as the case may be," and"'conspiracy or", insubsection (3) paragraph

Chanter Short titleCh____________________ ter

Extent of repeal(a) and the words "(b) inthe case of proceedingscharging incitement" andin subsection (5)paragraph (a) and thewords "(b) in relation toproceedings chargingincitement".

1996 c.29. Sexual Offences Section 1.(Conspiracy and In section 3, the wordsIncitement) Act 1996. "1(3) or" in subsection

(2), subsection (3), thewords "1 or" insubsection (6) andsubsection (7).Section 4(b) and (c).In section 7(3), the word

S.I. 1996/3160 (N.I. 24). Criminal Justice Article 42(I)(b).(Northern Ireland) Order In Article 43(2), the1996. words "by virtue of

Article 9A of that Order,or".

7. TERRORISM ACT 2000

An Act to make provision about terrorism; and to make temporaryprovision for Northern Ireland about the prosecution and punishment of certainoffences, the preservation of peace and the maintenance of order.[20th July 2000]

BE IT ENACTED by the Queen's most Excellent Majesty, by and withthe advice and consent of the Lords Spiritual and Temporal, and Commons, in thispresent Parliament assembled, and by the authority of the same, as follows:-

PART I

INTRODUCTORY

Terrorism: interpretation.

1. - (1) In this Act "terrorism" means the use or threat of action where-

(a) the action falls within subsection (2),

(b) the use or threat is designed to influence the government or tointimidate the public or a section of the public, and

(c) the use or threat is made for the purpose of advancing a political,religious or ideological cause.

(2) Action falls within this subsection if it-

(a) involves serious violence against a person,

(b) involves serious damage to property,

(c) endangers a person's life, other than that of the person committingthe action,

(d) creates a serious risk to the health or safety of the public or asection of the public, or

(e) is designed seriously to interfere with or seriously to disrupt anelectronic system.

(3) The use or threat of action falling within subsection (2) which involves theuse of firearms or explosives is terrorism whether or not subsection (l)(b) issatisfied.


(a) "action" includes action outside the United Kingdom,

(b) a reference to any person or to property is a reference to any person,or to property, wherever situated,

(c) a reference to the public includes a reference to the public of acountry other than the United Kingdom, and

(d) "the government" means the government of the United Kingdom, ofa Part of the United Kingdom or of a country other than the UnitedKingdom.

(5) In this Act a reference to action taken for the purposes of terrorism includes areference to action taken for the benefit of a proscribed organisation.

Temporary legislation.

2. - (1) The following shall cease to have effect-

(a) the Prevention of Terrorism (Temporary Provisions) Act 1989, and

(b) the Northern Ireland (Emergency Provisions) Act 1996.

(2) Schedule 1 (which preserves certain provisions of the 1996 Act, in somecases with amendment, for a transitional period) shall have effect.

PART II

PROSCRIBED ORGANISATIONS

Procedure

Proscription.

3.- (1) For the purposes of this Act an organisation is proscribed if-

(a) it is listed in Schedule 2, or

(b) it operates under the same name as an organisation listed in thatSchedule.

(2) Subsection (1)(b) shall not apply in relation to an organisation listed inSchedule 2 if its entry is the subject of a note in that Schedule.

(3) The Secretary of State may by order-

(a) add an organisation to Schedule 2;

(b) remove an organisation from that Schedule;

(c) amend that Schedule in some other way.

(4) The Secretary of State may exercise his power under subsection (3)(a) inrespect of an organisation only if he believes that it is concerned in terrorism.

(5) For the purposes of subsection (4) an organisation is concerned in terrorism ifit-

(a) commits or participates in acts of terrorism,

(b) prepares for terrorism,

(c) promotes or encourages terrorism, or

(d) is otherwise concerned in terrorism.

Deproscription: application.

4. (1) An application may be made to the Secretary of State for the exercise ofhis power under section 3(3)(b) to remove an organisation from Schedule 2.

(2) An application may be made by-

(a) the organisation, or

(b) any person affected by the organisation's proscription.

(3) The Secretary of State shall make regulations prescribing the procedure forapplications under this section.

(4) The regulations shall, in particular-

(a) require the Secretary of State to determine an application within aspecified period of time, and

(b) require an application to state the grounds on which it is made.

Deproscription: appeal.

5.-(1) There shall be a commission, to be known as the ProscribedOrganisations Appeal Commission.

(2) Where an application under section 4 has been refused, the applicant mayappeal to the Commission.

(3) The Commission shall allow an appeal against a refusal to deproscribe anorganisation if it considers that the decision to refuse was flawed when consideredin the light of the principles applicable on an application for judicial review.

(4) Where the Commission allows an appeal under this section by or in respect ofan organisation, it may make an order under this subsection.

(5) Where an order is made under subsection (4) the Secretary of State shall assoon as is reasonably practicable-

(a) lay before Parliament, in accordance with section 123(4), the draftof an order under section 3(3)(b) removing the organisation from the listin Schedule 2, or

(b) make an order removing the organisation from the list in Schedule 2in pursuance of section 123(5).

(6) Schedule 3 (constitution of the Commission and procedure) shall have effect.

Further appeal.

6.- (1) A party to an appeal under section 5 which the Proscribed OrganisationsAppeal Commission has determined may bring a fuirther appeal on a question oflaw to-

(a) the Court of Appeal, if the first appeal was heard in England andWales,

(b) the Court of Session, if the first appeal was heard in Scotland, or

(c) the Court of Appeal in Northern Ireland, if the first appeal washeard in Northern Ireland.

(2) An appeal under subsection (1) may be brought only with the permission-

(a) of the Commission, or

(b) where the Commission refuses permission, of the court to which theappeal would be brought.

(3) An order under section 5(4) shall not require the Secretary of State to take anyaction until the final determination or disposal of an appeal under this section(including any appeal to the House of Lords).

Appeal: effect on conviction, &c.

7. - (1) This section applies where-

(a) an appeal under section 5 has been allowed in respect of anorganisation,

(b) an order has been made under section 3(3)(b) in respect of theorganisation in accordance with an order of the Commission undersection 5(4) (and, if the order was made in reliance on section 123(5), aresolution has been passed by each House of Parliament under section123(5)(b)),

(c) a person has been convicted of an offence in respect of theorganisation under any of sections 11 to 13, 15 to 19 and 56, and

(d) the activity to which the charge referred took place on or after thedate of the refusal to deproscribe against which the appeal under section5 was brought.

(2) If the person mentioned in subsection (1)(c) was convicted on indictment-

(a) he may appeal against the conviction to the Court of Appeal, and

536

(b) the Court of Appeal shall allow the appeal.

(3) A person may appeal against a conviction by virtue of subsection (2) whetheror not he has already appealed against the conviction.

(4) An appeal by virtue of subsection (2)-

(a) must be brought within the period of 28 days beginning with thedate on which the order mentioned in subsection (1)(b) comes into force,and

(b) shall be treated as an appeal under section 1 of the Criminal AppealAct 1968 (but does not require leave).

(5) If the person mentioned in subsection (1)(c) was convicted by a magistrates'court-

(a) he may appeal against the conviction to the Crown Court, and

(b) the Crown Court shall allow the appeal.

(6) A person may appeal against a conviction by virtue of subsection (5)-

(a) whether or not he pleaded guilty,

(b) whether or not he has already appealed against the conviction, and

(c) whether or not he has made an application in respect of theconviction under section 111 of the Magistrates' Courts Act 1980 (casestated).

(7) An appeal by virtue of subsection (5)-

(a) must be brought within the period of 21 days beginning with thedate on which the order mentioned in subsection (1)(b) comes into force,and

(b) shall be treated as an appeal under section 108(1)(b) of theMagistrates' Courts Act 1980.

(8) In section 133(5) of the Criminal Justice Act 1988 (compensation formiscarriage of justice) after paragraph (b) there shall be inserted-

" or

(c) on an appeal under section 7 of the Terrorism Act 2000".

Section 7: Scotland and Northern Ireland.

8. - (1) In the application of section 7 to Scotland-

(a) for every reference to the Court of Appeal or the Crown Court

substitute a reference to the High Court of Justiciary,

(b) in subsection (2)(b), at the end insert "and quash the conviction",

(c) in subsection (4)-

(i) in paragraph (a), for "28 days" substitute "two weeks",and

(ii) in paragraph (b), for "section 1 of the Criminal AppealAct 1968" substitute "section 106 of the CriminalProcedure (Scotland) Act 1995",

(d) in subsection (5)-

(i) for "by a magistrates' court" substitute "in summaryproceedings", and

(ii) in paragraph (b), at the end insert "and quash theconviction",

(e) in subsection (6), paragraph (c) is omitted, and

(f) in subsection (7)-

(i) in paragraph (a) for "21 days" substitute "two weeks",and

(ii) for paragraph (b) substitute-

"(b) shall be by note of appeal, which shall state the ground of appeal,

(c) shall not require leave under any provision of Part X of theCriminal Procedure (Scotland) Act 1995, and

(d) shall be in accordance with such procedure as the High Court ofJusticiary may, by Act of Adjoumal, determine.".

(2) In the application of section 7 to Northern Ireland-

(a) the reference in subsection (4) to section 1 of the Criminal AppealAct 1968 shall be taken as a reference to section 1 of the CriminalAppeal (Northern Ireland) Act 1980,

538

(b) references in subsection (5) to the Crown Court shall be taken asreferences to the county court,

(c) the reference in subsection (6) to section 111 of the Magistrates'Courts Act 1980 shall be taken as a reference to Article 146 of theMagistrates' Courts (Northern Ireland) Order 1981, and

(d) the reference in subsection (7) to section 108(l)(b) of theMagistrates' Courts Act 1980 shall be taken as a reference to Article140(1)(b) of the Magistrates' Courts (Northern Ireland) Order 1981.

Human Rights Act 1998.

9. - (1) This section applies where rules (within the meaning of section 7 of theHuman Rights Act 1998 (jurisdiction)) provide for proceedings under section 7(1)of that Act to be brought before the Proscribed Organisations Appeal Commission.

(2) The following provisions of this Act shall apply in relation to proceedingsunder section 7(1) of that Act as they apply to appeals under section 5 of this Act-

(a) section 5(4) and (5),

(b) section 6,

(c) section 7, and

(d) paragraphs 4 to 8 of Schedule 3.

(3) The Commission shall decide proceedings in accordance with the principlesapplicable on an application for judicial review.

(4) In the application of the provisions mentioned in subsection (2)-

(a) a reference to the Commission allowing an appeal shall be taken asa reference to the Commission determining that an action of theSecretary of State is incompatible with a Convention right, and

(b) a reference to the refusal to deproscribe against which an appealwas brought shall be taken as a reference to the action of the Secretary ofState which is found to be incompatible with a Convention right.

Immunity.

10. - (1) The following shall not be admissible as evidence in proceedings for anoffence under any of sections 11 to 13, 15 to 19 and 56-

(a) evidence of anything done in relation to an application to theSecretary of State under section 4,

(b) evidence of anything done in relation to proceedings before theProscribed Organisations Appeal Commission under section 5 above orsection 7(1) of the Human Rights Act 1998,

(c) evidence of anything done in relation to proceedings under section6 (including that section as applied by section 9(2)), and

(d) any document submitted for the purposes of proceedings mentionedin any of paragraphs (a) to (c).

(2) But subsection (1) does not prevent evidence from being adduced on behalf ofthe accused.

Offences

Membership.

11. - (1) A person commits an offence if he belongs or professes to belong to aproscribed organisation.

(2) It is a defence for a person charged with an offence under subsection (1) toprove-

(a) that the organisation was not proscribed on the last (or only)occasion on which he became a member or began to profess to be amember, and

(b) that he has not taken part in the activities of the organisation at anytime while it was proscribed.

(3) A person guilty of an offence under this section shall be liable-

(a) on conviction on indictment, to imprisonment for a term notexceeding ten years, to a fine or to both, or

(b) on summary conviction, to imprisonment for a term not exceedingsix months, to a fine not exceeding the statutory maximum or to both.

(4) In subsection (2) "proscribed" means proscribed for the purposes of any ofthe following-

(a) this Act;

(b) the Northern Ireland (Emergency Provisions) Act 1996;

540

(c) the Northern Ireland (Emergency Provisions) Act 1991;

(d) the Prevention of Terrorism (Temporary Provisions) Act 1989;

(e) the Prevention of Terrorism (Temporary Provisions) Act 1984;

(f) the Northern Ireland (Emergency Provisions) Act 1978;

(g) the Prevention of Terrorism (Temporary Provisions) Act 1976;

(h) the Prevention of Terrorism (Temporary Provisions) Act 1974;

(i) the Northern Ireland (Emergency Provisions) Act 1973.

Support.

12. - (1) A person commits an offence if-

(a) he invites support for a proscribed organisation, and

(b) the support is not, or is not restricted to, the provision of money orother property (within the meaning of section 15).

(2) A person commits an offence if he arranges, manages or assists in arrangingor managing a meeting which he knows is-

(a) to support a proscribed organisation,

(b) to further the activities of a proscribed organisation, or

(c) to be addressed by a person who belongs or professes to belong to aproscribed organisation.

(3) A person commits an offence if he addresses a meeting and the purpose of hisaddress is to encourage support for a proscribed organisation or to further itsactivities.

(4) Where a person is charged with an offence under subsection (2)(c) in respectof a private meeting it is a defence for him to prove that he had no reasonablecause to believe that the address mentioned in subsection (2)(c) would support aproscribed organisation or further its activities.

(5) In subsections (2) to (4)-

(a) "meeting" means a meeting of three or more persons, whether ornot the public are admitted, and

(b) a meeting is private if the public are not admitted.

541




Uniform.

13. - (1) A person in a public place commits an offence if he-

(a) wears an item of clothing, or

(b) wears, carries or displays an article,

in such a way or in such circumstances as to arouse reasonable suspicion that he isa member or supporter of a proscribed organisation.

(2) A constable in Scotland may arrest a person without a warrant if he hasreasonable grounds to suspect that the person is guilty of an offence under thissection.

(3) A person guilty of an offence under this section shall be liable on summaryconviction to-

(a) imprisonment for a term not exceeding six months,

(b) a fine not exceeding level 5 on the standard scale, or

(c) both.

PART HI

TERRORIST PROPERTY

Interpretation

Terrorist property.

14. - (1) In this Act "terrorist property" means-

(a) money or other property which is likely to be used for the purposesof terrorism (including any resources of a proscribed organisation),

(b) proceeds of the commission of acts of terrorism, and

(c) proceeds of acts carried out for the purposes of terrorism.

(2) In subsection (1)-

(a) a reference to proceeds of an act includes a reference to anyproperty which wholly or partly, and directly or indirectly, represents theproceeds of the act (including payments or other rewards in connectionwith its commission), and

(b) the reference to an organisation's resources includes a reference toany money or other property which is applied or made available, or is tobe applied or made available, for use by the organisation.

Offences

Fund-raising.

15. - (1) A person commits an offence if he-

(a) invites another to provide money or other property, and

(b) intends that it should be used, or has reasonable cause to suspectthat it may be used, for the purposes of terrorism.

(2) A person commits an offence if he-

(a) receives money or other property, and



(a) provides money or other property, and

(b) knows or has reasonable cause to suspect that it will or may be usedfor the purposes of terrorism.

(4) In this section a reference to the provision of money or other property is areference to its being given, lent or otherwise made available, whether or not forconsideration.

Use and possession.

16. - (1) A person commits an offence if he uses money or other property for thepurposes of terrorism.


(a) possesses money or other property, and


Funding arrangements.

17. A person commits an offence if-

(a) he enters into or becomes concerned in an arrangement as a resultof which money or other property is made available or is to be madeavailable to another, and

(b) he knows or has reasonable cause to suspect that it will or may beused for the purposes of terrorism.

Money laundering.

18. - (1) A person commits an offence if he enters into or becomes concerned inan arrangement which facilitates the retention or control by or on behalf of anotherperson of terrorist property-

(a) by concealment,

(b) by removal from the jurisdiction,

(c) by transfer to nominees, or

(d) in any other way.

(2) It is a defence for a person charged with an offence under subsection (1) toprove that he did not know and had no reasonable cause to suspect that thearrangement related to terrorist property.

Disclosure of information: duty.

19. - (1) This section applies where a person-

(a) believes or suspects that another person has committed an offenceunder any of sections 15 to 18, and

(b) bases his belief or suspicion on information which comes to hisattention in the course of a trade, profession, business or employment

(2) The person commits an offence if he does not disclose to a constable as soonas is reasonably practicable-

(a) his belief or suspicion, and

(b) the information on which it is based.

(3) It is a defence for a person charged with an offence under subsection (2) toprove that he had a reasonable excuse for not making the disclosure.

(4) Where-

(a) a person is in employment,

(b) his employer has established a procedure for the making ofdisclosures of the matters specified in subsection (2), and

(c) he is charged with an offence under that subsection,

it is a defence for him to prove that he disclosed the matters specified in thatsubsection in accordance with the procedure.

(5) Subsection (2) does not require disclosure by a professional legal adviser of-

(a) information which he obtains in privileged circumstances, or

(b) a belief or suspicion based on information which he obtains inprivileged circumstances.

(6) For the purpose of subsection (5) information is obtained by an adviser inprivileged circumstances if it comes to him, otherwise than with a view tofurthering a criminal purpose-

(a) from a client or a client's representative, in connection with theprovision of legal advice by the adviser to the client,

(b) from a person seeking legal advice from the adviser, or from theperson's representative, or

(c) from any person, for the purpose of actual or contemplated legalproceedings.

(7) For the purposes of subsection (1)(a) a person shall be treated as havingcommitted an offence under one of sections 15 to 18 if-

(a) he has taken an action or been in possession of a thing, and

(b) he would have committed an offence under one of those sections ifhe had been in the United Kingdom at the time when he took the actionor was in possession of the thing.

545


(a) on conviction on indictment, to imprisonment for a term notexceeding five years, to a fine or to both, or

(b) on summary conviction, to imprisonment for a term not exceedingsix months, or to a fine not exceeding the statutory maximum or to both.

Disclosure of information: permission.

20. - (1) A person may disclose to a constable-

(a) a suspicion or belief that any money or other property is terroristproperty or is derived from terrorist property;

(b) any matter on which the suspicion or belief is based.

(2) A person may make a disclosure to a constable in the circumstancesmentioned in section 19(1) and (2).

(3) Subsections (1) and (2) shall have effect notwithstanding any restriction onthe disclosure of information imposed by statute or otherwise.

(4) Where-

(a) a person is in employment, and

(b) his employer has established a procedure for the making ofdisclosures of the kinds mentioned in subsection (1) and section 19(2),

subsections (1) and (2) shall have effect in relation to that person as if anyreference to disclosure to a constable included a reference to disclosure inaccordance with the procedure.

Cooperation with police.

21. - (1) A person does not commit an offence under any of sections 15 to 18 ifhe is acting with the express consent of a constable.

(2) Subject to subsections (3) and (4), a person does not commit an offence underany of sections 15 to 18 by involvement in a transaction or arrangement relating tomoney or other property if he discloses to a constable-

(a) his suspicion or belief that the money or other property is terroristproperty, and

(b) the information on which his suspicion or belief is based.

546

(3) Subsection (2) applies only where a person makes a disclosure-

(a) after he becomes concerned in the transaction concerned,

(b) on his own initiative, and

(c) as soon as is reasonably practicable.

(4) Subsection (2) does not apply to a person if-

(a) a constable forbids him to continue his involvement in thetransaction or arrangement to which the disclosure relates, and

(b) he continues his involvement.

(5) It is a defence for a person charged with an offence under any of sections15(2) and (3) and 16 to 18 to prove that-

(a) he intended to make a disclosure of the kind mentioned in

subsections (2) and (3), and

(b) there is reasonable excuse for his failure to do so.

(6) Where-

(a) a person is in employment, and

(b) his employer has established a procedure for the making ofdisclosures of the same kind as may be made to a constable undersubsection (2),

this section shall have effect in relation to that person as if any reference todisclosure to a constable included a reference to disclosure in accordance with theprocedure.

(7) A reference in this section to a transaction or arrangement relating to moneyor other property includes a reference to use or possession.

Penalties.

22. A person guilty of an offence under any of sections 15 to 18 shall be liable-

(a) on conviction on indictment, to imprisonment for a term notexceeding 14 years, to a fine or to both, or


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Forfeiture.

23. - (1) The court by or before which a person is convicted of an offence under

any of sections 15 to 18 may make a forfeiture order in accordance with theprovisions of this section.

(2) Where a person is convicted of an offence under section 15(1) or (2) or 16 thecourt may order the forfeiture of any money or other property-

(a) which, at the time of the offence, he had in his possession or underhis control, and

(b) which, at that time, he intended should be used, or had reasonablecause to suspect might be used, for the purposes of terrorism.

(3) Where a person is convicted of an offence under section 15(3) the court mayorder the forfeiture of any money or other property-

(a) which, at the time of the offence, he had in his possession or underhis control, and

(b) which, at that time, he knew or had reasonable cause to suspectwould or might be used for the purposes of terrorism.

(4) Where a person is convicted of an offence under section 17 the court mayorder the forfeiture of the money or other property-

(a) to which the arrangement in question related, and

(b) which, at the time of the offence, he knew or had reasonable causeto suspect would or might be used for the purposes of terrorism.

(5) Where a person is convicted of an offence under section 18 the court mayorder the forfeiture of the money or other property to which the arrangement inquestion related.

(6) Where a person is convicted of an offence under any of sections 15 to 18, thecourt may order the forfeiture of any money or other property which wholly orpartly, and directly or indirectly, is received by any person as a payment or otherreward in connection with the commission of the offence.

(7) Where a person other than the convicted person claims to be the owner of orotherwise interested in anything which can be forfeited by an order under thissection, the court shall give him an opportunity to be heard before making anorder.

(8) A court in Scotland shall not make an order under this section except on theapplication of the prosecutor-

(a) in proceedings on indictment, when he moves for sentence, and

(b) in summary proceedings, before the court convicts the accused,

and for the purposes of any appeal or review, an order under this section made by acourt in Scotland is a sentence.

(9) Schedule 4 (which makes further provision in relation to forfeiture ordersunder this section) shall have effect.

Seizure of terrorist cash

Interpretation.

24.- (1) In sections 25 to 31 "authorised officer" means any of the following-

(a) a constable,

(b) a customs officer, and

(c) an immigration officer.

(2) In sections 25 to 31 "cash" means-

(a) coins and notes in any currency,

(b) postal orders,

(c) travellers' cheques,

(d) bankers' drafts, and

(e) such other kinds of monetary instrument as the Secretary of Statemay specify by order.

Seizure and detention.

25. - (1) An authorised officer may seize and detain any cash to which thissection applies if he has reasonable grounds for suspecting that-

(a) it is intended to be used for the purposes of terrorism,

(b) it forms the whole or part of the resources of a proscribedorganisation, or

(c) it is terrorist property within the meaning given in section 14(l)(b)or (c).

(2) In subsection (l)(b) the reference to an organisation's resources includes areference to any cash which is applied or made available, or is to be applied ormade available, for use by the organisation.

(3) This section applies to cash which-

(a) is being imported into or exported from the United Kingdom,

(b) is being brought to any place in the United Kingdom for thepurpose of being exported from the United Kingdom,

(c) is being brought to Northern Ireland from Great Britain, or to GreatBritain from Northern Ireland,

(d) is being brought to any place in Northern Ireland for the purpose ofbeing brought to Great Britain, or

(e) is being brought to any place in Great Britain for the purpose ofbeing brought to Northern Ireland.

(4) Subject to subsection (5), cash seized under this section shall be released notlater than the end of the period of 48 hours beginning with the time when it isseized.

(5) Where an order is made under section 26 in relation to cash seized, it may bedetained during the period specified in the order.

Continued detention.

26. - (1) An authorised officer or the Commissioners of Customs and Excise mayapply to a magistrates' court for an order under this section in relation to cashseized under section 25.

(2) An order under this section-

(a) shall authorise the further detention under section 25 of the cash towhich it relates for a period specified in the order,

(b) shall specify a period which ends not later than the end of theperiod of three months beginning with the date of the order, and

(c) shall require notice to be given to the person from whom the cashwas seized and to any other person who is affected by and specified inthe order.

(3) An application for an order under this section may be granted only if the courtis satisfied-

(a) that there are reasonable grounds to suspect that the cash is cash ofa kind mentioned in section 25(l)(a), (b) or (c), and

(b) that the continued detention of the cash is justified pendingcompletion of an investigation of its origin or derivation or pending adetermination whether to institute criminal proceedings (whether in theUnited Kingdom or elsewhere) which relate to the cash.

(4) More than one order may be made under this section in relation to particularcash; but cash shall not be detained by virtue of an order under this section afterthe end of the period of two years beginning with the date when the first orderunder this section was made in relation to it.

(5) In Scotland, any application under this section shall be made by theprocurator fiscal to the sheriff; and in this section a reference to a magistrates'court shall be taken as a reference to the sheriff.

Detained cash.

27. - (1) Cash detained under section 25 by virtue of an order under section 26shall, unless required as evidence of an offence, be held in an interest bearingaccount; and the interest accruing on the cash shall be added to it on its release orforfeiture.

(2) Any person may apply to a magistrates' court, or in Scotland to the sheriff, fora direction that cash detained under section 25 be released.

(3) A magistrates' court or the sheriff shall grant an application under subsection(2) if satisfied-

(a) that section 26(3)(a) or (b) no longer applies, or

(b) that the detention of the cash is for any other reason no longerjustified.

(4) An authorised officer, or in Scotland the procurator fiscal, may release cashdetained under section 25 if-

(a) he is satisfied that its detention is no longer justified, and

(b) he has notified the magistrates' court or sheriff who made the orderby virtue of which the cash is being detained under section 25.

(5) Cash detained under section 25 shall not be released under this section-

(a) while proceedings on an application for its forfeiture under section28 have not been concluded, or

(b) while proceedings, whether in the United Kingdom or elsewhere,which relate to the cash have not been concluded.

Forfeiture.

28. - (1) An authorised officer or the Commissioners of Customs and Excise mayapply to a magistrates' court, or in Scotland the procurator fiscal may apply to thesheriff, for an order forfeiting cash being detained under section 25.

(2) A magistrates' court or the sheriff may grant an application only if satisfied onthe balance of probabilities that the cash is cash of a kind mentioned in section25(l)(a), (b) or (c).

(3) Before making an order under this section, a magistrates' court or the sheriffmust give an opportunity to be heard to any person-

(a) who is not a party to the proceedings, and

(b) who claims to be the owner of or otherwise interested in any of thecash which can be forfeited under this section.

(4) An order may be made under this section whether or not proceedings arebrought against any person for an offence with which the cash is connected.

(5) Proceedings on an application under this section to the sheriff shall be civilproceedings.

Forfeiture: appeal.

29. - (1) Subject to subsection (2), any party to proceedings in which a forfeitureorder is made under section 28 may appeal-

(a) where the order is made by a magistrates' court in England andWales, to the Crown Court,

(b) where the order is made by the sheriff in Scotland, to the Court ofSession, or

(c) where the order is made by a magistrates' court in Northern Ireland,to the county court.

(2) An appeal under subsection (I)-

(a) must be brought before the end of the period of 30 days beginningwith the date on which the forfeiture order was made, and

552

(b) may not be brought by the applicant for the forfeiture order.

(3) On an application by the appellant, a magistrates' court or the sheriff mayorder the release of so much of the cash to which the forfeiture order applies as itconsiders appropriate to enable him to meet his reasonable legal expenses inconnection with the appeal.

(4) An appeal under subsection (1) shall be by way of a rehearing.

(5) If the court allows the appeal, it may order the release of-

(a) the cash to which the forfeiture order applies together with anyinterest which has accrued, or

(b) where an order has been made under subsection (3), the remainingcash to which the forfeiture order applies together with any interestwhich has accrued.

(6) Subsection (7) applies where a successful application for a forfeiture orderrelies (in whole or in part) on the fact that an organisation is proscribed, and-

(a) a deproscription appeal under section 5 is allowed in respect of theorganisation,

(b) an order is made under section 3(3)(b) in respect of the organisationin accordance with an order of the Proscribed Organisations AppealCommission under section 5(4) (and, if the order is made in reliance onsection 123(5), a resolution is passed by each House of Parliament undersection 123(5)(b)), and

(c) the forfeited cash was seized under section 25 on or after the date ofthe refusal to deproscribe against which the appeal under section 5 wasbrought.

(7) Where this subsection applies an appeal under subsection (1) may be broughtat any time before the end of the period of 30 days beginning with the date onwhich the order under section 3(3)(b) comes into force.

Treatment offorfeited cash.

30. Any cash to which a forfeiture order under section 28 applies or accruedinterest thereon shall be paid into the Consolidated Fund-

(a) after the end of the period within which an appeal may be broughtunder section 29(1), or

(b) where an appeal is brought under section 29(1), after the appeal isdetermined or otherwise disposed of.

Rules of court.

31. Provision may be made by rules of court about the procedure on applicationsor appeals to any court under sections 26 to 29, and in particular as to-

(a) the giving of notice to persons affected by an application or appealunder those provisions;

(b) the joinder, or in Scotland the sisting, of those persons as parties tothe proceedings.

PART IVTERRORIST INVESTIGATIONS

Interpretation

Terrorist investigation.

32. In this Act "terrorist investigation" means an investigation of-

(a) the commission, preparation or instigation of acts of terrorism,

(b) an act which appears to have been done for the purposes ofterrorism,

(c) the resources of a proscribed organisation,

(d) the possibility of making an order under section 3(3), or

(e) the commission, preparation or instigation of an offence under thisAct.

Cordons

Cordoned areas.

33. - (1) An area is a cordoned area for the purposes of this Act if it is designatedunder this section.

(2) A designation may be made only if the person making it considers itexpedient for the purposes of a terrorist investigation.

(3) If a designation is made orally, the person making it shall confirm it inwriting as soon as is reasonably practicable.

554

(4) The person making a designation shall arrange for the demarcation of thecordoned area, so far as is reasonably practicable-

(a) by means of tape marked with the word "police", or

(b) in such other manner as a constable considers appropriate.

Power to designate.

34.- (1) Subject to subsection (2), a designation under section 33 may only bemade-

(a) where the area is outside Northern Ireland and is wholly or partlywithin a police area, by an officer for the police area who is of at leastthe rank of superintendent, and

(b) where the area is in Northern Ireland, by a member of the RoyalUlster Constabulary who is of at least the rank of superintendent.

(2) A constable who is not of the rank required by subsection (1) may make adesignation if he considers it necessary by reason of urgency.

(3) Where a constable makes a designation in reliance on subsection (2) he shallas soon as is reasonably practicable-

(a) make a written record of the time at which the designation wasmade, and

(b) ensure that a police officer of at least the rank of superintendent isinformed.

(4) An officer who is informed of a designation in accordance with subsection(3)(b)-

(a) shall confirm the designation or cancel it with effect from such timeas he may direct, and

(b) shall, if he cancels the designation, make a written record of thecancellation and the reason for it.

Duration.

35. - (1) A designation under section 33 has effect, subject to subsections (2) to(5), during the period-

(a) beginning at the time when it is made, and

555

(b) ending with a date or at a time specified in the designation.

(2) The date or time specified under subsection (1)(b) must not occur after theend of the period of 14 days beginning with the day on which the designation ismade.

(3) The period during which a designation has effect may be extended in writingfrom time to time by-

(a) the person who made it, or

(b) a person who could have made it (otherwise than by virtue ofsection 34(2)).

(4) An extension shall specify the additional period during which the designationis to have effect.

(5) A designation shall not have effect after the end of the period of 28 daysbeginning with the day on which it is made.

Police powers.

36.- (1) A constable in uniform may-

(a) order a person in a cordoned area to leave it immediately;

(b) order a person immediately to leave premises which are wholly orpartly in or adjacent to a cordoned area;

(c) order the driver or person in charge of a vehicle in a cordoned areato move it from the area immediately;

(d) arrange for the removal of a vehicle from a cordoned area;

(e) arrange for the movement of a vehicle within a cordoned area;

(f) prohibit or restrict access to a cordoned area by pedestrians orvehicles.

(2) A person commits an offence if he fails to comply with an order, prohibitionor restriction imposed by virtue of subsection (1).

(3) It is a defence for a person charged with an offence under subsection (2) toprove that he had a reasonable excuse for his failure.

(4) A person guilty of an offence under subsection (2) shall be liable on summaryconviction to-

(a) imprisonment for a term not exceeding three months,


(c) both.

Information and evidence

Powers.

37. Schedule 5 (power to obtain information, &c.) shall have effect.

Financial information.

38. Schedule 6 (financial information) shall have effect.

Disclosure of information, &c.

39. - (1) Subsection (2) applies where a person knows or has reasonable cause tosuspect that a constable is conducting or proposes to conduct a terroristinvestigation.

(2) The person commits an offence if he-

(a) discloses to another anything which is likely to prejudice theinvestigation, or

(b) interferes with material which is likely to be relevant to theinvestigation.

(3) Subsection (4) applies where a person knows or has reasonable cause tosuspect that a disclosure has been or will be made under any of sections 19 to 21.

(4) The person commits an offence if he-

(a) discloses to another anything which is likely to prejudice aninvestigation resulting from the disclosure under that section, or

(b) interferes with material which is likely to be relevant to aninvestigation resulting from the disclosure under that section.

(5) It is a defence for a person charged with an offence under subsection (2) or(4) to prove-

(a) that he did not know and had no reasonable cause to suspect that thedisclosure or interference was likely to affect a terrorist investigation, or

(b) that he had a reasonable excuse for the disclosure or interference.

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(6) Subsections (2) and (4) do not apply to a disclosure which is made by a

professional legal adviser-

(a) to his client or to his client's representative in connection with theprovision of legal advice by the adviser to the client and not with a viewto furthering a criminal purpose, or

(b) to any person for the purpose of actual or contemplated legal

proceedings and not with a view to furthering a criminal purpose.


(a) on conviction on indictment, to imprisonment for a term notexceeding five years, to a fine or to both, or


(8) For the purposes of this section-

(a) a reference to conducting a terrorist investigation includes areference to taking part in the conduct of, or assisting, a terroristinvestigation, and

(b) a person interferes with material if he falsifies it, conceals it,

destroys it or disposes of it, or if he causes or permits another to do anyof those things.

PART V

COUNTER-TERRORIST POWERS

Suspected terrorists

Terrorist: interpretation.

40.- (1) In this Part "terrorist" means a person who-

(a) has committed an offence under any of sections 11, 12, 15 to 18, 54and 56 to 63, or

(b) is or has been concerned in the commission, preparation orinstigation of acts of terrorism.

(2) The reference in subsection (1)(b) to a person who has been concerned in the

commission, preparation or instigation of acts of terrorism includes a reference to a

person who has been, whether before or after the passing of this Act, concerned in

the commission, preparation or instigation of acts of terrorism within the meaninggiven by section 1.

Arrest without warrant.

41. - (1) A constable may arrest without a warrant a person whom he reasonablysuspects to be a terrorist.

(2) Where a person is arrested under this section the provisions of Schedule 8(detention: treatment, review and extension) shall apply.

(3) Subject to subsections (4) to (7), a person detained under this section shall(unless detained under any other power) be released not later than the end of theperiod of 48 hours beginning-

(a) with the time of his arrest under this section, or

(b) if he was being detained under Schedule 7 when he was arrestedunder this section, with the time when his examination under thatSchedule began.

(4) If on a review of a person's detention under Part II of Schedule 8 the reviewofficer does not authorise continued detention, the person shall (unless detained inaccordance with subsection (5) or (6) or under any other power) be released.

(5) Where a police officer intends to make an application for a warrant underparagraph 29 of Schedule 8 extending a person's detention, the person may bedetained pending the making of the application.

(6) Where an application has been made under paragraph 29 or 36 of Schedule 8in respect of a person's detention, he may be detained pending the conclusion ofproceedings on the application.

(7) Where an application under paragraph 29 or 36 of Schedule 8 is granted inrespect of a person's detention, he may be detained, subject to paragraph 37 of thatSchedule, during the period specified in the warrant.

(8) The refusal of an application in respect of a person's detention underparagraph 29 or 36 of Schedule 8 shall not prevent his continued detention inaccordance with this section.

(9) A person who has the powers of a constable in one Part of the UnitedKingdom may exercise the power under subsection (1) in any Part of the UnitedKingdom.

Search ofpremises.

42.- (1) A justice of the peace may on the application of a constable issue awarrant in relation to specified premises if he is satisfied that there are reasonablegrounds for suspecting that a person whom the constable reasonably suspects to bea person falling within section 40(1)(b) is to be found there.

(2) A warrant under this section shall authorise any constable to enter and searchthe specified premises for the purpose of arresting the person referred to insubsection (1) under section 41.

(3) In the application of subsection (1) to Scotland-

(a) "justice of the peace" includes the sheriff, and

(b) the justice of the peace or sheriff can be satisfied as mentioned inthat subsection only by having heard evidence on oath.

Search ofpersons.

43. - (1) A constable may stop and search a person whom he reasonably suspectsto be a terrorist to discover whether he has in his possession anything which mayconstitute evidence that he is a terrorist.

(2) A constable may search a person arrested under section 41to discover whetherhe has in his possession anything which may constitute evidence that he is aterrorist.

(3) A search of a person under this section must be carried out by someone of thesame sex.

(4) A constable may seize and retain anything which he discovers in the course ofa search of a person under subsection (1) or (2) and which he reasonably suspectsmay constitute evidence that the person is a terrorist.

(5) A person who has the powers of a constable in one Part of the United Kingdommay exercise a power under this section in any Part of the United Kingdom.

Power to stop and search

Authorisations.

44.- (1) An authorisation under this subsection authorises any constable inuniform to stop a vehicle in an area or at a place specified in the authorisation andto search-

(a) the vehicle;

(b) the driver of the vehicle;

(c) a passenger in the vehicle;

(d) anything in or on the vehicle or carried by the driver or a passenger.

(2) An authorisation under this subsection authorises any constable in uniform tostop a pedestrian in an area or at a place specified in the authorisation and tosearch-

(a) the pedestrian;

(b) anything carried by him.

(3) An authorisation under subsection (1) or (2) may be given only if the persongiving it considers it expedient for the prevention of acts of terrorism.

(4) An authorisation may be given-

(a) where the specified area or place is the whole or part of a policearea outside Northern Ireland other than one mentioned in paragraph (b)or (c), by a police officer for the area who is of at least the rank ofassistant chief constable;

(b) where the specified area or place is the whole or part of themetropolitan police district, by a police officer for the district who is ofat least the rank of commander of the metropolitan police;

(c) where the specified area or place is the whole or part of the City ofLondon, by a police officer for the City who is of at least the rank ofcommander in the City of London police force;

(d) where the specified area or place is the whole or part of NorthernIreland, by a member of the Royal Ulster Constabulary who is of at leastthe rank of assistant chief constable.

(5) If an authorisation is given orally, the person giving it shall confirm it inwriting as soon as is reasonably practicable.

Exercise ofpower.

45. - (1) The power conferred by an authorisation under section 44(1) or (2)-

(a) may be exercised only for the purpose of searching for articles of akind which could be used in connection with terrorism, and

(b) may be exercised whether or not the constable has grounds forsuspecting the presence of articles of that kind.

561

(2) A constable may seize and retain an article which he discovers in the courseof a search by virtue of section 44(l) or (2) and which he reasonably suspects isintended to be used in connection with terrorism.

(3) A constable exercising the power conferred by an authorisation may notrequire a person to remove any clothing in public except for headgear, footwear,an outer coat, a jacket or gloves.

(4) Where a constable proposes to search a person or vehicle by virtue of section44(1) or (2) he may detain the person or vehicle for such time as is reasonablyrequired to permit the search to be carried out at or near the place where the personor vehicle is stopped.

(5) Where-

(a) a vehicle or pedestrian is stopped by virtue of section 44(1) or (2),and

(b) the driver of the vehicle or the pedestrian applies for a writtenstatement that the vehicle was stopped, or that he was stopped, by virtueof section 44(1) or (2),

the written statement shall be provided.

(6) An application under subsection (5) must be made within the period of 12months beginning with the date on which the vehicle or pedestrian was stopped.

Duration of authorisation.

46. - (1) An authorisation under section 44 has effect, subject to subsections (2) to(7), during the period-

(a) beginning at the time when the authorisation is given, and

(b) ending with a date or at a time specified in the authorisation.

(2) The date or time specified under subsection (1)(b) must not occur after theend of the period of 28 days beginning with the day on which the authorisation isgiven.

(3) The person who gives an authorisation shall inform the Secretary of State assoon as is reasonably practicable.

(4) If an authorisation is not confirmed by the Secretary of State before the endof the period of 48 hours beginning with the time when it is given-

(a) it shall cease to have effect at the end of that period, but

(b) its ceasing to have effect shall not affect the lawfulness of anythingdone in reliance on it before the end of that period.

(5) Where the Secretary of State confirms an authorisation he may substitute anearlier date or time for the date or time specified under subsection (1)(b).

(6) The Secretary of State may cancel an authorisation with effect from aspecified time.

(7) An authorisation may be renewed in writing by the person who gave it or by aperson who could have given it; and subsections (1) to (6) shall apply as if a newauthorisation were given on each occasion on which the authorisation is renewed.

Offences.

47.- (1) A person commits an offence if he-

(a) fails to stop a vehicle when required to do so by a constable in theexercise of the power conferred by an authorisation under section 44(1);

(b) fails to stop when required to do so by a constable in the exercise ofthe power conferred by an authorisation under section 44(2);

(c) wilfully obstructs a constable in the exercise of the power conferredby an authorisation under section 44(1) or (2).




(c) both.

Parking

Authorisations.

48. - (1) An authorisation under this section authorises any constable in uniformto prohibit or restrict the parking of vehicles on a road specified in theauthorisation.

(2) An authorisation may be given only if the person giving it considers itexpedient for the prevention of acts of terrorism.

(3) An authorisation may be given-

(a) where the road specified is outside Northern Ireland and is whollyor partly within a police area other than one mentioned in paragraphs (b)or (c), by a police officer for the area who is of at least the rank ofassistant chief constable;

(b) where the road specified is wholly or partly in the metropolitanpolice district, by a police officer for the district who is of at least therank of commander of the metropolitan police;

(c) where the road specified is wholly or partly in the City of London,by a police officer for the City who is of at least the rank of commanderin the City of London police force;

(d) where the road specified is in Northern Ireland, by a member of theRoyal Ulster Constabulary who is of at least the rank of assistant chiefconstable.

(4) If an authorisation is given orally, the person giving it shall confirm it inwriting as soon as is reasonably practicable.

Exercise ofpower.

49.- (1) The power conferred by an authorisation under section 48 shall beexercised by placing a traffic sign on the road concerned.

(2) A constable exercising the power conferred by an authorisation under section48 may suspend a parking place.

(3) Where a parking place is suspended under subsection (2), the suspension shallbe treated as a restriction imposed by virtue of section 48-

(a) for the purposes of section 99 of the Road Traffic Regulation Act1984 (removal of vehicles illegally parked, &c.) and of any regulationsin force under that section, and

(b) for the purposes of Articles 47 and 48 of the Road TrafficRegulation (Northern Ireland) Order 1997 (in relation to NorthernIreland).

Duration of authorisation.

50. - (1) An authorisation under section 48 has effect, subject to subsections (2)and (3), during the period specified in the authorisation.

(2) The period specified shall not exceed 28 days.

(3) An authorisation may be renewed in writing by the person who gave it or by a

person who could have given it; and subsections (1) and (2) shall apply as if a newauthorisation were given on each occasion on which the authorisation is renewed.

Offences.

51. - (1) A person commits an offence if he parks a vehicle in contravention of aprohibition or restriction imposed by virtue of section 48.

(2) A person commits an offence if-

(a) he is the driver or other person in charge of a vehicle which hasbeen permitted to remain at rest in contravention of any prohibition orrestriction imposed by virtue of section 48, and

(b) he fails to move the vehicle when ordered to do so by a constable inuniform.

(3) It is a defence for a person charged with an offence under this section toprove that he had a reasonable excuse for the act or omission in question.

(4) Possession of a current disabled person's badge shall not itself constitute areasonable excuse for the purposes of subsection (3).

(5) A person guilty of an offence under subsection (1) shall be liable on summaryconviction to a fine not exceeding level 4 on the standard scale.


(a) imprisonment for a term not exceeding three months,


(c) both.

Interpretation.

52. In sections 48 to 51-

"disabled person's badge" means a badge issued, or having effect as if issued,under any regulations for the time being in force under section 21 of theChronically Sick and Disabled Persons Act 1970 (in relation to England and Walesand Scotland) or section 14 of the Chronically Sick and Disabled Persons(Northern Ireland) Act 1978 (in relation to Northern Ireland);

"driver" means, in relation to a vehicle which has been left on any road, the personwho was driving it when it was left there;

"parking" means leaving a vehicle or permitting it to remain at rest;

"traffic sign" has the meaning given in section 142(1) of the Road TrafficRegulation Act 1984 (in relation to England and Wales and Scotland) and inArticle 28 of the Road Traffic Regulation (Northern Ireland) Order 1997 (inrelation to Northern Ireland);

"vehicle" has the same meaning as in section 99(5) of the Road Traffic RegulationAct 1984 (in relation to England and Wales and Scotland) and Article 47(4) of theRoad Traffic Regulation (Northern Ireland) Order 1997 (in relation to NorthernIreland).

Port and border controls

Port and border controls.

53. - (1) Schedule 7 (port and border controls) shall have effect.

(2) The Secretary of State may by order repeal paragraph 16 of Schedule 7.

(3) The powers conferred by Schedule 7 shall be exercisable notwithstanding therights conferred by section 1 of the Immigration Act 1971 (general principlesregulating entry into and staying in the United Kingdom).

PART VIMISCELLANEOUS

Terrorist offences

Weapons training.

54. - (1) A person commits an offence if he provides instruction or training in themaking or use of-

(a) firearms,

(b) explosives, or

(c) chemical, biological or nuclear weapons.

(2) A person commits an offence if he receives instruction or training in themaking or use of-

(a) firearms,

(b) explosives, or

(c) chemical, biological or nuclear weapons.

(3) A person commits an offence if he invites another to receive instruction ortraining and the receipt-

(a) would constitute an offence under subsection (2), or

(b) would constitute an offence under subsection (2) but for the factthat it is to take place outside the United Kingdom.

(4) For the purpose of subsections (1) and (3)-

(a) a reference to the provision of instruction includes a reference tomaking it available either generally or to one or more specific persons,and

(b) an invitation to receive instruction or training may be either generalor addressed to one or more specific persons.

(5) It is a defence for a person charged with an offence under this section inrelation to instruction or training to prove that his action or involvement waswholly for a purpose other than assisting, preparing for or participating interrorism.




(7) A court by or before which a person is convicted of an offence under thissection may order the forfeiture of anything which the court considers to have beenin the person's possession for purposes connected with the offence.

(8) Before making an order under subsection (7) a court must give an opportunityto be heard to any person, other than the convicted person, who claims to be theowner of or otherwise interested in anything which can be forfeited under thatsubsection.

(9) An order under subsection (7) shall not come into force until there is nofurther possibility of it being varied, or set aside, on appeal (disregarding anypower of a court to grant leave to appeal out of time).

Weapons training: interpretation.

55. In section 54-

"biological weapon" means anything to which section l(1)(b) of the BiologicalWeapons Act 1974 applies,

"'chemical weapon" has the meaning given by section 1 of the Chemical WeaponsAct 1996, and

"nuclear weapon" means a weapon which contains nuclear material within themeaning of Article 1(a) and (b) of the Convention on the Physical Protection ofNuclear Material opened for signature at Vienna and New York on 3rd March1980 (set out in the Schedule to the Nuclear Material (Offences) Act 1983).

Directing terrorist organisation.

56. - (1) A person commits an offence if he directs, at any level, the activities ofan organisation which is concerned in the commission of acts of terrorism.

(2) A person guilty of an offence under this section is liable on conviction onindictment to imprisonment for life.

Possession for terrorist purposes.

57. - (1) A person commits an offence if he possesses an article in circumstanceswhich give rise to a reasonable suspicion that his possession is for a purposeconnected with the commission, preparation or instigation of an act of terrorism.

(2) It is a defence for a person charged with an offence under this section toprove that his possession of the article was not for a purpose connected with thecommission, preparation or instigation of an act of terrorism.

(3) In proceedings for an offence under this section, if it is proved that an article-

(a) was on any premises at the same time as the accused, or

(b) was on premises of which the accused was the occupier or which hehabitually used otherwise than as a member of the public,

the court may assume that the accused possessed the article, unless he proves thathe did not know of its presence on the premises or that he had no control over it.



568


Collection of information.


(a) he collects or makes a record of information of a kind likely to beuseful to a person committing or preparing an act of terrorism, or

(b) he possesses a document or record containing information of thatkind.

(2) In this section "record" includes a photographic or electronic record.

(3) It is a defence for a person charged with an offence under this section toprove that he had a reasonable excuse for his action or possession.




(5) A court by or before which a person is convicted of an offence under thissection may order the forfeiture of any document or record containing informationof the kind mentioned in subsection (1)(a).



Inciting terrorism overseas

England and Wales.


(a) he incites another person to commit an act of terrorism wholly orpartly outside the United Kingdom, and

569

(b) the act would, if committed in England and Wales, constitute one ofthe offences listed in subsection (2).

(2) Those offences are-

(a) murder,

(b) an offence under section 18 of the Offences against the Person Act1861 (wounding with intent),

(c) an offence under section 23 or 24 of that Act (poison),

(d) an offence under section 28 or 29 of that Act (explosions), and

(e) an offence under section 1(2) of the Criminal Damage Act 1971(endangering life by damaging property).

(3) A person guilty of an offence under this section shall be liable to any penaltyto which he would be liable on conviction of the offence listed in subsection (2)which corresponds to the act which he incites.

(4) For the purposes of subsection (1) it is immaterial whether or not the personincited is in the United Kingdom at the time of the incitement.

(5) Nothing in this section imposes criminal liability on any person acting on

behalf of, or holding office under, the Crown.

Northern Ireland.



(b) the act would, if committed in Northern Ireland, constitute one ofthe offences listed in subsection (2).


(a) murder,

(b) an offence under section 18 of the Offences against the Person Act1861 (wounding with intent),

(c) an offence under section 23 or 24 of that Act (poison),

(d) an offence under section 28 or 29 of that Act (explosions), and

570

(e) an offence under Article 3(2) of the Criminal Damage (NorthernIreland) Order 1977 (endangering life by damaging property).



(5) Nothing in this section imposes criminal liability on any person acting onbehalf of, or holding office under, the Crown.

Scotland

61. -(1) A person commits an offence if-


(b) the act would, if committed in Scotland, constitute one of theoffences listed in subsection (2).


(a) murder,

(b) assault to severe injury, and

(c) reckless conduct which causes actual injury.



(5) Nothing in this section imposes criminal liability on any person acting onbehalf of, or holding office under, the Crown.

Terrorist bombing and finance offences

Terrorist bombing: jurisdiction.

62. -(1) If-

(a) a person does anything outside the United Kingdom as an act ofterrorism or for the purposes of terrorism, and

(b) his action would have constituted the commission of one of theoffences listed in subsection (2) if it had been done in the UnitedKingdom,

he shall be guilty of the offence.

(2) The offences referred to in subsection (1)(b) are-

(a) an offence under section 2, 3 or 5 of the Explosive Substances Act1883 (causing explosions, &c.),

(b) an offence under section 1 of the Biological Weapons Act 1974(biological weapons), and

(c) an offence under section 2 of the Chemical Weapons Act 1996(chemical weapons).

Terrorist finance: jurisdiction.

63.- (1) If-

(a) a person does anything outside the United Kingdom, and

(b) his action would have constituted the commission of an offenceunder any of sections 15 to 18 if it had been done in the UnitedKingdom,

he shall be guilty of the offence.

(2) For the purposes of subsection (1)(b), section 18(1)(b) shall be read as if for"the jurisdiction" there were substituted "a jurisdiction".

Extradition.

64. - (1) The Extradition Act 1989 shall be amended as follows.

(2) In section 22(2) (international conventions) after paragraph (1) insert-

" (m) the Convention for the Suppression of Terrorist Bombings, whichwas opened for signature at New York on 12th January 1998 ("theTerrorist Bombings Convention");

(n) the Convention for the Suppression of the Financing of Terrorismwhich was opened for signature at New York on 10th January 2000 ("theTerrorist Finance Convention")."

(3) In section 22(4) (relevant offences) after paragraph (1) insert-

"(m) in relation to the Terrorist Bombings Convention, an offence,committed as an act of terrorism or for the purposes of terrorism, under-

(i) section 2, 3 or 5 of the Explosive Substances Act 1883(causing explosions, &c.),

(ii) section 1 of the Biological Weapons Act 1974 (biologicalweapons), or

(iii) section 2 of the Chemical Weapons Act 1996 (chemicalweapons);

(n) in relation to the Terrorist Finance Convention, an offence underany of sections 15 to 18 of the Terrorism Act 2000 (terrorist property:offences)."

(4) After section 24(4) (suppression of terrorism) insert-

"(5) Subsections (1) and (2) above shall have effect in relation to anoffence to which section 22(4)(m) or (n) above applies as they haveeffect in relation to an offence to which section 1 of the Suppression ofTerrorism Act 1978 applies.

(6) For that purpose subsection (2) applies to a country which is a party to-

(a) the Convention for the Suppression of Terrorist Bombingsmentioned in section 22(2)(m) above, or

(b) the Convention for the Suppression of the Financing of Terrorismmentioned in section 22(2)(n) above."

(5) The offences to which an Order in Council under section 2 of the ExtraditionAct 1870 (arrangements with foreign states) can apply shall include-

(a) offences under the provisions mentioned in sections 62(2) and63(l)(b),

(b) conspiracy to commit any of those offences, and

(c) attempt to commit any of those offences.

PART VII

NORTHERN IRELAND

Scheduled offences

Scheduled offence: interpretation.

65. - (1) In this Part "scheduled offence" means, subject to any relevant note in

Part I or III of Schedule 9, an offence specified in either of those Parts.

(2) Part II of that Schedule shall have effect in respect of offences related to thosespecified in Part I.

(3) The Secretary of State may by order-

(a) add an offence to Part I or II of Schedule 9;

(b) remove an offence from Part I or II of that Schedule;

(c) amend Part I or II of that Schedule in some other way.

Preliminary inquiry.

66. - (1) In proceedings before a magistrates' court for a scheduled offence, if theprosecution requests the court to conduct a preliminary inquiry into the offence thecourt shall grant the request.

(2) In subsection (1) "preliminary inquiry" means a preliminary inquiry under theMagistrates' Courts (Northern Ireland) Order 1981.

(3) Subsection (1)-

(a) shall apply notwithstanding anything in Article 31 of that Order,

(b) shall not apply in respect of an offence where the court considersthat in the interests of justice a preliminary investigation should beconducted into the offence under that Order, and

(c) shall not apply in respect of an extra-territorial offence (as definedin section 1(3) of the Criminal Jurisdiction Act 1975)).

(4) Where a person charged with a scheduled offence is also charged with a non-scheduled offence, the non-scheduled offence shall be treated as a scheduledoffence for the purposes of this section.

Limitation ofpower to grant bail.

67.- (1) This section applies to a person who-

(a) has attained the age of fourteen, and

(b) is charged with a scheduled offence which is neither being triedsummarily nor certified by the Director of Public Prosecutions forNorthern Ireland as suitable for summary trial.

(2) Subject to subsections (6) and (7), a person to whom this section applies shallnot be admitted to bail except-

(a) by a judge of the High Court or the Court of Appeal, or

(b) by the judge of the court of trial on adjourning the trial of a personcharged with a scheduled offence.

(3) A judge may, in his discretion, admit a person to whom this section applies tobail unless satisfied that there are substantial grounds for believing that the person,if released on bail (whether subject to conditions or not), would-

(a) fail to surrender to custody,

(b) commit an offence while on bail,

(c) interfere with a witness,

(d) otherwise obstruct or attempt to obstruct the course of justice,whether in relation to himself or another person, or

(e) fail to comply with conditions of release (if any).

(4) In exercising his discretion in relation to a person under subsection (3) ajudge shall have regard to such of the following considerations as he considersrelevant (as well as to any others which he considers relevant)-

(a) the nature and seriousness of the offence with which the person ischarged,

(b) the character, antecedents, associations and community ties of theperson,

(c) the time which the person has already spent in custody and the timewhich he is likely to spend in custody if he is not admitted to bail, and

(d) the strength of the evidence of his having committed the offence.

(5) Without prejudice to any other power to impose conditions on admission tobail, a judge admitting a person to bail under this section may impose suchconditions as he considers-

(a) likely to result in the person's appearance at the time and placerequired, or

(b) necessary in the interests of justice or for the prevention of crime.

(6) Subsection (7) applies where a person to whom this section applies is aserving member of-

(a) any of Her Majesty's forces, or

(b) the Royal Ulster Constabulary or the Royal Ulster ConstabularyReserve.

(7) Where this subsection applies to a person he may be admitted to bail oncondition that he is held in military or police custody if the person granting bail issatisfied that suitable arrangements have been made; and-

(a) bail on that condition may be granted by a judge or a residentmagistrate, and

(b) it shall be lawful for the person to be held in military or policecustody in accordance with the conditions of his bail.

Bail: legal aid.

68.- (1) Where it appears to a judge of the High Court or the Court of Appeal-

(a) that a person charged with a scheduled offence intends to apply tobe admitted to bail,

(b) that it is desirable in the interests of justice that he should have legalaid, and

(c) that he has not sufficient means to enable him to obtain that aid,

the judge may assign to him a solicitor and counsel, or counsel only, in theapplication for bail.

(2) If on a question of granting a person free legal aid under this section there is adoubt-

(a) whether his means are sufficient to enable him to obtain legal aid,or

(b) whether it is desirable in the interests of justice that he should havefree legal aid,

the doubt shall be resolved in favour of granting him free legal aid.

(3) Articles 32, 36 and 40 of the Legal Aid, Advice and Assistance (NorthernIreland) Order 1981 (statements, payments, rules and stamp duty) shall apply inrelation to legal aid under this section as they apply in relation to legal aid underPart III of that Order as if legal aid under this section were given in pursuance of acriminal aid certificate under Article 29 of that Order.

Maximum period of remand in custody.

69. - (1) The period for which a person charged with a scheduled offence may beremanded in custody by a magistrates' court shall be a period of not more than 28days beginning with the day following that on which he is remanded.

(2) Subsection (1) has effect-

(a) notwithstanding Article 47(2) and (3) of the Magistrates' Courts(Northern Ireland) Order 1981, and

(b) whether or not a person is also charged with a non-scheduledoffence.

Young persons: custody on remand, &c.

70. - (1) While a young person charged with a scheduled offence is remanded orcommitted for trial and not released on bail, he may be held in custody in suchprison or other place as may be specified in a direction given by the Secretary ofState under this section.

(2) Subsection (1) shall have effect in respect of a person-

(a) notwithstanding the provisions of any enactment, and

(b) whether or not he was remanded or committed for trial at a timewhen this section was not in force.

(3) The Secretary of State may give a direction under this section in respect of aperson if he considers it necessary to make special arrangements as to the place atwhich the person is to be held in order-

(a) to prevent his escape, or

(b) to ensure his safety or the safety of others.

(4) The Secretary of State may give a direction under this section at any timeafter the person to whom it relates has been charged.

(5) In this section "young person" means a person who-

(a) has attained the age of fourteen, and

(b) has not attained the age of seventeen.

Directions under section 70.

71. - (1) A direction under section 70 shall cease to have effect at the expiry ofthe period specified in the direction unless-

(a) it has previously ceased to have effect, or

(b) it is continued in force by a further direction.

(2) The specified period shall not end after the end of the period of two monthsbeginning with the date of the direction.

(3) Where-

(a) a person is held in custody in a prison or other place by virtue of adirection, and

(b) the direction ceases to have effect (whether or not by reason of theexpiry or cesser of section 70),

it shall be lawful for him to continue to be held in custody in that prison or placeuntil arrangements can be made for him to be held in custody in accordance withthe law then applicable to his case.

(4) Nothing in subsection (3) shall be taken as permitting the holding in custodyof a person who is entitled to be released from custody.

Time limits for preliminary proceedings.

72. - (1) The Secretary of State may by regulations make provision, in respect ofa specified preliminary stage of proceedings for a scheduled offence, as to themaximum period-

(a) to be allowed to the prosecution to complete the stage;

578

(b) during which the accused may, while awaiting completion of thestage, be in the custody of a magistrates' court or the Crown Court inrelation to the offence.

(2) The regulations may, in particular-

(a) provide for a specified law about bail to apply in relation to cases towhich custody or overall time limits apply (subject to any modificationswhich the Secretary of State considers it necessary to specify in theregulations);

(b) provide for time limits to cease to have effect in cases where theAttorney General for Northern Ireland certifies after the institution ofproceedings that an offence is not to be treated as a scheduled offence;

(c) make such provision with respect to the procedure to be followed incriminal proceedings as the Secretary of State considers appropriate inconsequence of another provision of the regulations;

(d) make provision which has effect in relation to a non-scheduledoffence where separate counts of an indictment allege a scheduledoffence and a non-scheduled offence;

(e) enable the Crown Court in specified circumstances to extend orfurther extend a time limit at any time before it expires.

(3) Subject to subsection (4), where an overall time limit expires before thecompletion of the stage of proceedings to which the limit applies, the accused shallbe treated for all purposes as having been acquitted of the offence to which theproceedings relate.

(4) Regulations under this section which provide for a custody time limit inrelation to a preliminary stage shall have no effect where-

(a) a person escapes from the custody of a magistrates' court or theCrown Court before the expiry of the custody time limit,

(b) a person who has been released on bail in consequence of the expiryof a custody time limit fails to surrender himself into the custody of thecourt at the appointed time, or

(c) a person who has been released on bail in consequence of the expiryof a custody time limit is arrested by a constable in connection with abreach or apprehended breach of a condition of his bail.

(5) If a person escapes from the custody of a magistrates' court or the CrownCourt, the overall time limit which applies to the stage which proceedings relating

579

to the person have reached at the time of the escape shall cease to have effect inrelation to those proceedings.

(6) If a person who has been released on bail fails to surrender himself into thecustody of the court at the appointed time, the overall time limit which applies tothe stage which proceedings relating to the person have reached at the time of thefailure shall cease to have effect in relation to those proceedings.

Time limits: supplementary.

73. - (1) Where a person is convicted of an offence, the exercise of powerconferred by virtue of section 72(2)(e) in relation to proceedings for the offenceshall not be called into question on an appeal against the conviction.

(2) In the application of section 72 in relation to proceedings on indictment,"preliminary stage" does not include a stage-

(a) after the time when the case for the prosecution is opened, or

(b) if the court accepts a plea of guilty before the case for theprosecution is opened, after the plea is accepted.

(3) In the application of section 72 in relation to summary proceedings,"preliminary stage" does not include a stage-

(a) after the court begins to hear evidence for the prosecution at thetrial,

(b) if the court accepts a plea of guilty before it has begun to hearevidence for the prosecution, after the plea is accepted, or

(c) after the court begins to consider whether to exercise its powerunder Article 44(4) of the Mental Health (Northern Ireland) Order 1986(power to make hospital order without conviction).

(4) In this section and section 72-

"custody of the Crown Court" includes custody to which a person is committed inpursuance of-

(a) Article 37 or 40(4) of the Magistrates' Courts (Northern Ireland)Order 1981 (magistrates' court committing accused for trial), or

(b) section 51(8) of the Judicature (Northern Ireland) Act 1978(magistrates' court dealing with a person arrested under Crown Courtwarrant),

"custody of a magistrates' court" means custody to which a person is committed inpursuance of Article 47 or 49 of the Magistrates' Courts (Northern Ireland) Order1981 (remand),

"custody time limit" means a time limit imposed by regulations in pursuance ofsection 72(1)(b) or, where a limit has been extended by the Crown Court by virtueof section 72(2)(e), the limit as extended,

"law about bail" means-

(a) the Magistrates' Courts (Northern Ireland) Order 1981,

(b) section 67 of this Act,

(c) any other enactment relating to bail, and

(d) any rule of law relating to bail, and

"overall time limit" means a time limit imposed by regulations in pursuance ofsection 72(1)(a) or, where a limit has been extended by the Crown Court by virtueof section 72(2)(e), the limit as extended.

(5) For the purposes of the application of a custody time limit in relation to aperson who is in the custody of a magistrates' court or the Crown Court-

(a) all periods during which he is in the custody of a magistrates' courtin respect of the same offence shall be aggregated and treated as a singlecontinuous period; and

(b) all periods during which he is in the custody of the Crown Court inrespect of the same offence shall be aggregated and treated as a singlecontinuous period.

Court for trial

74. - (1) A trial on indictment of a scheduled offence shall be held only at theCrown Court sitting in Belfast, unless-

(a) the Lord Chancellor after consultation with the Lord Chief Justiceof Northern Ireland directs that the trial, or a class of trials within whichit falls, shall be held at the Crown Court sitting elsewhere, or

(b) the Lord Chief Justice of Northern Ireland directs that the trial, orpart of it, shall be held at the Crown Court sitting elsewhere.

(2) A person committed for trial for a scheduled offence, or for two or moreoffences at least one of which is a scheduled offence, shall be committed-

(a) to the Crown Court sitting in Belfast, or

(b) where a direction has been given under subsection (1) whichconcerns the trial, to the Crown Court sitting at the place specified in thedirection;

and section 48 of the Judicature (Northern Ireland) Act 1978 (committal for trialon indictment) shall have effect accordingly.

(3) Where-

(a) a person is committed for trial to the Crown Court sitting in Belfastin accordance with subsection (2), and

(b) a direction is subsequently given under subsection (1), before thecommencement of the trial, altering the place of trial,

the person shall be treated as having been committed for trial to the Crown Courtsitting at the place specified in the direction.

Mode of trial on indictment.

75. - (1) A trial on indictment of a scheduled offence shall be conducted by thecourt without a jury.

(2) The court trying a scheduled offence on indictment under this section shallhave all the powers, authorities and jurisdiction which the court would have had ifit had been sitting with a jury (including power to determine any question and tomake any finding which would, apart from this section, be required to bedetermined or made by a jury).

(3) A reference in an enactment to a jury, the verdict of a jury or the finding of ajury shall, in relation to a trial under this section, be construed as a reference to thecourt, the verdict of the court or the finding of the court.

(4) Where separate counts of an indictment allege a scheduled offence and a non-scheduled offence, the trial on indictment shall be conducted as if all the offencesalleged in the indictment were scheduled offences.

(5) Subsection (4) is without prejudice to section 5 of the Indictments Act(Northern Ireland) 1945 (orders for amendment of indictment, separate trial andpostponement of trial).

(6) Without prejudice to subsection (2), where the court trying a scheduled

offence on indictment-

(a) is not satisfied that the accused is guilty of the offence, but

(b) is satisfied that he is guilty of a non-scheduled offence of which ajury could have found him guilty on a trial for the scheduled offence,

the court may convict him of the non-scheduled offence.

(7) Where the court trying a scheduled offence convicts the accused of that orsome other offence, it shall give a judgment stating the reasons for the convictionat or as soon as is reasonably practicable after the time of conviction.

(8) A person convicted of an offence on a trial under this section without a jurymay, notwithstanding anything in sections 1 and 10(1) of the Criminal Appeal(Northern Ireland) Act 1980, appeal to the Court of Appeal under Part I of thatAct-

(a) against his conviction, on any ground, without the leave of theCourt of Appeal or a certificate of the judge of the court of trial;

(b) against sentence passed on conviction, without that leave, unless thesentence is fixed by law.

(9) Where a person is convicted of an offence on a trial under this section, thetime for giving notice of appeal under section 16(1) of that Act shall run from thedate of judgment if later than the date from which it would run under thatsubsection.

Admission in trial on indictment.

76. - (1) This section applies to a trial on indictment for-

(a) a scheduled offence, or

(b) two or more offences at least one of which is a scheduled offence.

(2) A statement made by the accused may be given in evidence by theprosecution in so far as-

(a) it is relevant to a matter in issue in the proceedings, and

(b) it is not excluded or inadmissible (whether by virtue of subsections(3) to (5) or otherwise).

(3) Subsections (4) and (5) apply if in proceedings to which this section applies-

(a) the prosecution gives or proposes to give a statement made by theaccused in evidence,

(b) prima facie evidence is adduced that the accused was subjected totorture, inhuman or degrading treatment, violence or the threat ofviolence in order to induce him to make the statement, and

(c) the prosecution does not satisfy the court that the statement was not

obtained in the manner mentioned in paragraph (b).

(4) If the statement has not yet been given in evidence, the court shall-

(a) exclude the statement, or

(b) direct that the trial be restarted before a differently constituted court(before which the statement shall be inadmissible).

(5) If the statement has been given in evidence, the court shall-

(a) disregard it, or

(b) direct that the trial be restarted before a differently constituted court(before which the statement shall be inadmissible).

(6) This section is without prejudice to any discretion of a court to-

(a) exclude or ignore a statement, or

(b) direct a trial to be restarted,

where the court considers it appropriate in order to avoid unfairness to the accusedor otherwise in the interests of justice.

Possession: onus ofproof

77.- (1) This section applies to a trial on indictment for a scheduled offencewhere the accused is charged with possessing an article in such circumstances as toconstitute an offence under any of the enactments listed in subsection (3).

(2) If it is proved that the article-



the court may assume that the accused possessed (and, if relevant, knowinglypossessed) the article, unless he proves that he did not know of its presence on thepremises or that he had no control over it.

(3) The following are the offences mentioned in subsection (1)-

584

The Explosive Substances Act 1883

Section 3, so far as relating to subsection (1)(b) thereof (possessing explosive withintent to endanger life or cause serious damage to property).

Section 4 (possessing explosive in suspicious circumstances).

The Protection of the Person and Property Act (Northern Ireland) 1969

Section 2 (possessing petrol bomb, &c. in suspicious circumstances).

The Firearms (Northern Ireland) Order 1981

Article 6(1) (manufacturing, dealing in or possessing certain weapons, &c.).

Article 17 (possessing firearm or ammunition with intent to endanger life or causeserious damage to property).

Article 18(2) (possessing firearm or imitation firearm at time of committing, orbeing arrested for, a specified offence).

Article 22(1), (2) or (4) (possession of a firearm or ammunition by a person whohas been sentenced to imprisonment, &c.).

Article 23 (possessing firearm or ammunition in suspicious circumstances).

Children: sentence.

78. - (1) This section applies where a child is convicted on indictment of ascheduled offence committed while this section is in force.

(2) Article 45(2) of the Criminal Justice (Children) (Northern Ireland) Order1998 (punishment for serious offence) shall have effect with the substitution forthe words "14 years" of the words "five years".

(3) In this section "child" means a person who has not attained the age of 17.

Restricted remission.

79. - (1) The remission granted under prison rules in respect of a sentence ofimprisonment passed in Northern Ireland for a scheduled offence shall not, whereit is for a term of five years or more, exceed one-third of the term.

(2) Where a person is sentenced on the same occasion for two or more scheduledoffences to terms which are consecutive, subsection (1) shall apply as if thoseterms were a single term.

(3) Where a person is serving two or more terms which are consecutive but notall subject to subsection (1), the maximum remission granted under prison rules inrespect of those terms taken together shall be arrived at by calculating themaximum remission for each term separately and aggregating the result.

(4) In this section "prison rules" means rules made under section 13 of the PrisonAct (Northern Ireland) 1953.

(5) The Secretary of State may by order substitute a different length of sentenceand a different maximum period of remission for those mentioned in subsection(1).

(6) This section applies where-

(a) the scheduled offence is committed while this section is in force,

(b) the offence (being a scheduled offence within the meaning of theNorthern Ireland (Emergency Provisions) Act 1996) was committedwhile section 15 of that Act was in force,

(c) the offence (being a scheduled offence within the meaning of theNorthern Ireland (Emergency Provisions) Act 1991) was committedwhile section 14 of that Act was in force, or

(d) the offence (being a scheduled offence within the meaning of theNorthern Ireland (Emergency Provisions) Act 1978) was committedwhile section 22 of the Prevention of Terrorism (Temporary Provisions)Act 1989 was in force.

Conviction during remission.

80. - (1) This section applies where-

(a) a person is sentenced to imprisonment or a term of detention in ayoung offenders centre for a period exceeding one year,

(b) he is discharged from prison or the centre in pursuance of prisonrules, and

(c) before his sentence or term would have expired (but for thedischarge) he commits, and is convicted on indictment of, a scheduledoffence.

(2) If the court before which he is convicted of the scheduled offence sentenceshim to imprisonment or a term of detention it shall in addition order him to bereturned to prison or a young offenders centre for the period between the date ofthe order and the date on which the sentence or term mentioned in subsection (1)would have expired but for his discharge.

(3) No order shall be made under subsection (2) if the sentence imposed by thecourt is-

(a) a suspended sentence,

(b) a sentence of life imprisonment, or

(c) a sentence of detention during the Secretary of State's pleasureunder Article 45(1) of the Criminal Justice (Children) (Northern Ireland)Order 1998.

(4) An order made under subsection (2) shall cease to have effect if an appealagainst the scheduled offence results in-

(a) the acquittal of the person concerned, or

(b) the substitution of a sentence other than imprisonment or a term ofdetention.

(5) The period for which a person is ordered under this section to be returned toprison or a young offenders centre-

(a) shall be taken to be a sentence of imprisonment or term of detentionfor the purposes of the Prison Act (Northern Ireland) 1953 and for thepurposes of the Treatment of Offenders Act (Northern Ireland) 1968other than section 26(2) (reduction for time spent in custody),

(b) shall not be subject to any provision of prison rules for dischargebefore expiry, and

(c) shall be served before, and be followed by, the sentence or termimposed for the scheduled offence and be disregarded in determining theappropriate length of that sentence or term.

(6) For the purposes of this section a certificate purporting to be signed by thegovernor or deputy governor of a prison or young offenders centre whichspecifies-

(a) the date on which a person was discharged from prison or a youngoffenders centre,

(b) the sentence or term which the person was serving at the time of hisdischarge, the offence in respect of which the sentence or term wasimposed and the date on which he was convicted of that offence, and

(c) the date on which the person would, but for his discharge inpursuance of prison rules, have been discharged from prison or a youngoffenders centre,

shall be evidence of the matters specified.


"prison rules" means rules made under section 13 of the Prison Act (NorthernIreland) 1953,

"sentence of imprisonment" does not include a committal in default of payment ofany sum of money or for want of sufficient distress to satisfy any sum of money orfor failure to do or abstain from doing anything required to be done or left undone,and

"young offenders center" has the meaning assigned to it by section 2(a) of theTreatment of Offenders Act (Northern Ireland) 1968.

(8) For the purposes of subsection (1) consecutive terms of imprisonment or ofdetention in a young offenders centre shall be treated as a single term and asentence of imprisonment or detention in a young offenders centre includes-

(a) a sentence or term passed by a court in the United Kingdom or anyof the Islands, and

(b) in the case of imprisonment, a sentence passed by a court-martial ona person found guilty of a civil offence within the meaning of the ArmyAct 1955, the Air Force Act 1955 and the Naval Discipline Act 1957.

(9) The Secretary of State may by order substitute a different period for theperiod of one year mentioned in subsection (1).

(10) This section applies irrespective of when the discharge from prison or ayoung offenders centre took place but only if-

(a) the scheduled offence is committed while this section is in force,

(b) the offence (being a scheduled offence within the meaning of theNorthern Ireland (Emergency Provisions) Act 1996) was committedwhile section 16 of that Act was in force,

(c) the offence (being a scheduled offence within the meaning of theNorthern Ireland (Emergency Provisions) Act 1991) was committedwhile section 15 of that Act was in force, or

(d) the offence (being a scheduled offence within the meaning of theNorthern Ireland (Emergency Provisions) Act 1978) was committed

588

while section 23 of the Prevention of Terrorism (Temporary Provisions)Act 1989 was in force.

Powers of arrest, search, &c.

Arrest of suspected terrorists: power of entry.

81. A constable may enter and search any premises if he reasonably suspects thata terrorist, within the meaning of section 40(1)(b), is to be found there.

Arrest and seizure: constables.

82.- (1) A constable may arrest without warrant any person if he reasonablysuspects that the person is committing, has committed or is about to commit-


(b) a non-scheduled offence under this Act.

(2) For the purpose of arresting a person under this section a constable may enterand search any premises where the person is or where the constable reasonablysuspects him to be.

(3) A constable may seize and retain anything if he reasonably suspects that it is,has been or is intended to be used in the commission of-


(b) a non-scheduled offence under this Act.

Arrest and seizure: armed forces.

83. - (1) If a member of Her Majesty's forces on duty reasonably suspects that aperson is committing, has committed or is about to commit any offence he may-

(a) arrest the person without warrant, and

(b) detain him for a period not exceeding four hours.

(2) A person making an arrest under this section complies with any rule of lawrequiring him to state the ground of arrest if he states that he is making the arrestas a member of Her Majesty's forces.

(3) For the purpose of arresting a person under this section a member of HerMajesty's forces may enter and search any premises where the person is.

(4) If a member of Her Majesty's forces reasonably suspects that a person-

(a) is a terrorist (within the meaning of Part V), or

(b) has committed an offence involving the use or possession of anexplosive or firearm,

he may enter and search any premises where he reasonably suspects the person tobe for the purpose of arresting him under this section.

(5) A member of Her Majesty's forces may seize, and detain for a period notexceeding four hours, anything which he reasonably suspects is being, has been oris intended to be used in the commission of an offence under section 93 or 94.

(6) The reference to a rule of law in subsection (2) does not include a rule of law

which has effect only by virtue of the Human Rights Act 1998.

Munitions and transmitters.

84. Schedule 10 (which confers power to search for munitions and transmitters)shall have effect.

Explosives inspectors.

85.- (1) An explosives inspector may enter and search any premises for thepurpose of ascertaining whether any explosive is unlawfully there.

(2) The power under subsection (1) may not be exercised in relation to adwelling.

(3) An explosives inspector may stop any person in a public place and search himfor the purpose of ascertaining whether he has any explosive unlawfully with him.

(4) An explosives inspector-

(a) may seize any explosive found in the course of a search under thissection unless it appears to him that it is being, has been and will be usedonly for a lawful purpose, and

(b) may retain and, if necessary, destroy it.

(5) In this section "'explosives inspector" means an inspector appointed undersection 53 of the Explosives Act 1875.

Unlawfully detained persons.

86. - (1) If an officer reasonably believes that a person is unlawfully detained insuch circumstances that his life is in danger, the officer may enter any premises forthe purpose of ascertaining whether the person is detained there.

590

(2) In this section "officer" means-

(a) a member of Her Majesty's forces on duty, or

(b) a constable.

(3) A dwelling may be entered under subsection (1) only by-

(a) a member of Her Majesty's forces authorised for the purpose by acommissioned officer of those forces, or

(b) a constable authorised for the purpose by an officer of the RoyalUlster Constabulary of at least the rank of inspector.

Examination of documents.

87. - (1) A member of Her Majesty's forces or a constable who performs a searchunder a provision of this Part-

(a) may examine any document or record found in order to ascertainwhether it contains information of the kind mentioned in section 58(l)(a)or 103(l)(a), and

(b) if necessary or expedient for the purpose of paragraph (a), mayremove the document or record to another place and retain it there untilthe examination is completed.

(2) Subsection (1) shall not permit a person to examine a document or record ifhe has reasonable cause to believe that it is an item subject to legal privilege(within the meaning of the Police and Criminal Evidence (Northern Ireland) Order1989).

(3) Subject to subsections (4) and (5), a document or record may not be retainedby virtue of subsection (1)(b) for more than 48 hours.

(4) An officer of the Royal Ulster Constabulary who is of at least the rank ofchief inspector may authorise a constable to retain a document or record for afurther period or periods.

(5) Subsection (4) does not permit the retention of a document or record after theend of the period of 96 hours beginning with the time when it was removed forexamination under subsection (1)(b).

(6) A person who wilfully obstructs a member of Her Majesty's forces or aconstable in the exercise of a power conferred by this section commits an offence.

(7) A person guilty of an offence under subsection (6) shall be liable-

(a) on conviction on indictment, to imprisonment for a term notexceeding two years, to a fine or to both, or


Examination of documents: procedure.

88. - (1) Where a document or record is examined under section 87-

(a) it shall not be photographed or copied, and

(b) the person who examines it shall make a written record of theexamination as soon as is reasonably practicable.

(2) The record shall-

(a) describe the document or record,

(b) specify the object of the examination,

(c) state the address of the premises where the document or record wasfound,

(d) where the document or record was found in the course of a searchof a person, state the person's name,

(e) where the document or record was found in the course of a searchof any premises, state the name of a person appearing to the personmaking the record to be the occupier of the premises or to have hadcustody or control of the document or record when it was found,

(f) where the document or record is removed for examination from theplace where it was found, state the date and time when it was removed,and

(g) where the document or record was examined at the place where itwas found, state the date and time of examination.

(3) The record shall identify the person by whom the examination was carriedout-

(a) in the case of a constable, by reference to his police number, and

(b) in the case of a member of Her Majesty's forces, by reference to hisservice number, rank and regiment.

(4) Where a person makes a record of a search in accordance with this section, heshall as soon as is reasonably practicable supply a copy-

(a) in a case where the document or record was found in the course of asearch of a person, to that person, and

(b) in a case where the document or record was found in the course of asearch of any premises, to a person appearing to the person making therecord to be the occupier of the premises or to have had custody orcontrol of the document or record when it was found.

Power to stop and question.

89. - (1) An officer may stop a person for so long as is necessary to question himto ascertain-

(a) his identity and movements;

(b) what he knows about a recent explosion or another recent incidentendangering life;

(c) what he knows about a person killed or injured in a recent explosionor incident.


(a) fails to stop when required to do so under this section,

(b) refuses to answer a question addressed to him under this section, or

(c) fails to answer to the best of his knowledge and ability a questionaddressed to him under this section.

(3) A person guilty of an offence under this section shall be liable on summaryconviction to a fine not exceeding level 5 on the standard scale.



(b) a constable.

Power of entry.

90. - (1) An officer may enter any premises if he considers it necessary in thecourse of operations for the preservation of the peace or the maintenance of order.



(b) a constable.

Taking possession of land, &c.

91. If the Secretary of State considers it necessary for the preservation of thepeace or the maintenance of order, he may authorise a person-

(a) to take possession of land or other property;

(b) to take steps to place buildings or other structures in a state ofdefence;

(c) to detain property or cause it to be destroyed or moved;

(d) to carry out works on land of which possession has been taken byvirtue of this section;

(e) to take any other action which interferes with a public right or witha private right of property.

Road closure: permission.

92. - (1) If he considers it immediately necessary for the preservation of the peaceor the maintenance of order, an officer may-

(a) wholly or partly close a road;

(b) divert or otherwise interfere with a road or the use of a road;

(c) prohibit or restrict the exercise of a right of way;

(d) prohibit or restrict the use of a waterway.


(a) a member of Her Majesty's forces on duty,

(b) a constable, or

(c) a person authorised for the purposes of this section by the Secretaryof State.

Sections 91 and 92: supplementary.

93. - (1) A person commits an offence if he interferes with-

(a) works executed in connection with the exercise of powers conferredby virtue of section 91 or 92, or

(b) any apparatus, equipment or other thing used in connection with theexercise of those powers.

(2) It is a defence for a person charged with an offence under this section toprove that he had a reasonable excuse for his interference.




(c) both.

(4) An authorisation to exercise powers under section 91 or 92 may authorise-

(a) the exercise of all those powers, or

(b) the exercise of a specified power or class of powers.

(5) An authorisation to exercise powers under section 91 or 92 may be addressed-

(a) to specified persons, or

(b) to persons of a specified class.

Road closure: direction.

94. - (1) If the Secretary of State considers it necessary for the preservation of thepeace or the maintenance of order he may by order direct that a specified road-

(a) shall be wholly closed,

(b) shall be closed to a specified extent, or

(c) shall be diverted in a specified manner.

(2) A person commits an offence if he interferes with-

(a) road closure works, or

(b) road closure equipment.

(3) A person commits an offence if-

(a) he executes any bypass works within 200 metres of road closureworks,

(b) he has in his possession or under his control, within 200 metres ofroad closure works, materials or equipment suitable for executing bypassworks, or

(c) he knowingly permits on land occupied by him the doing oroccurrence of anything which is an offence under paragraph (a) or (b).

(4) It is a defence for a person charged with an offence under this section toprove that he had a reasonable excuse for his action, possession, control orpermission.




(c) both.


"bypass works" means works which facilitate the bypassing by vehicles of roadclosure works,

"road closure equipment" means any apparatus, equipment or other thing used inpursuance of an order under this section in connection with the closure ordiversion of a road, and

"road closure works" means works executed in connection with the closure ordiversion of a road specified in an order under this section (whether executed inpursuance of the order or in pursuance of power under an enactment to close ordivert the road).

Sections 81 to 94: supplementary.

95. - (1) This section applies in relation to sections 81 to 94.

(2) A power to enter premises may be exercised by reasonable force if necessary.

(3) A power to search premises shall, in its application to vehicles (by virtue ofsection 121), be taken to include-

(a) power to stop a vehicle (other than an aircraft which is airborne),and

(b) power to take a vehicle or cause it to be taken, where necessary orexpedient, to any place for the purpose of carrying out the search.

(4) A person commits an offence if he fails to stop a vehicle when required to doso by virtue of this section.




(c) both.

(6) In the application to a place or vehicle (by virtue of section 121) of a power tosearch premises-

(a) a reference to the address of the premises shall be construed as areference to the location of the place or vehicle together with itsregistration number (if any), and

(b) a reference to the occupier of the premises shall be construed as areference to the occupier of the place or the person in charge of thevehicle.

(7) Where a search is carried out under Schedule 10 in relation to a vehicle (byvirtue of section 121), the person carrying out the search may, if he reasonablybelieves that it is necessary in order to carry out the search or to prevent it frombeing frustrated-

(a) require a person in or on the vehicle to remain with it;

(b) require a person in or on the vehicle to go to and remain at anyplace to which the vehicle is taken by virtue of subsection (3)(b);

(c) use reasonable force to secure compliance with a requirement underparagraph (a) or (b) above.

(8) Paragraphs 4(2) and (3), 8 and 9 of Schedule 10 shall apply to a requirementimposed under subsection (7) as they apply to a requirement imposed under that

597

Schedule.

(9) Paragraph 8 of Schedule 10 shall apply in relation to the search of a vehiclewhich is not habitually stationary only if it is moved for the purpose of the searchby virtue of subsection (3)(b); and where that paragraph does apply, the referenceto the address of the premises shall be construed as a reference to the locationwhere the vehicle is searched together with its registration number (if any).

(10) A member of Her Majesty's forces exercising any power when he is not inuniform shall, if requested to do so by any person at or about the time of exercisingthe power, produce to that person documentary evidence that he is a member ofHer Majesty's Forces.

Miscellaneous

Preservation of the peace: regulations.

96. - (1) The Secretary of State may by regulations make provision for promotingthe preservation of the peace and the maintenance of order.

(2) The regulations may authorise the Secretary of State to make orders or givedirections for specified purposes.

(3) A person commits an offence if he contravenes or fails to comply with-

(a) regulations under this section, or

(b) an order or direction made or given under regulations made underthis section.




(c) both.

Port and border controls.

97.- (1) The Secretary of State may by order provide for members of HerMajesty's Forces to perform specified functions conferred on examining officersunder Schedule 7.

(2) A member of Her Majesty's Forces exercising functions by virtue ofsubsection (1) shall be treated as an examining officer within the meaning of

Schedule 7 for all purposes of this Act except for paragraphs 5 and 6 of Schedule14.

(3) The Secretary of State may by order make provision, including provisionsupplementing or modifying Schedule 7, about entering or leaving NorthernIreland by land.

Independent Assessor of Military Complaints Procedures.

98. - (1) The Secretary of State may appoint a person to be known as theIndependent Assessor of Military Complaints Procedures in Northern Ireland.

(2) A person may be appointed as the Independent Assessor only if-

(a) he is not a serving member of Her Majesty's forces, and

(b) he has not been a serving member at any time during the period of20 years ending with the date of the appointment.

(3) The Independent Assessor-

(a) shall keep under review the procedures adopted by the GeneralOfficer Commanding Northern Ireland for receiving, investigating andresponding to complaints to which this section applies,

(b) shall receive and investigate any representations about thoseprocedures,

(c) may investigate the operation of those procedures in relation to aparticular complaint or class of complaints,

(d) may require the General Officer Commanding to review a particularcase or class of cases in which the Independent Assessor considers thatany of those procedures have operated inadequately, and

(e) may make recommendations to the General Officer Commandingabout inadequacies in those procedures, including inadequacies in theway in which they operate in relation to a particular complaint or class ofcomplaints.

(4) This section applies to complaints about the behaviour of a member of HerMajesty's forces under the command of the General Officer CommandingNorthern Ireland, other than-

(a) a complaint which is referred by the General Officer Commandingto the Royal Ulster Constabulary and which is not remitted by the RoyalUlster Constabulary to the General Officer Commanding to be dealt withby him,

(b) a complaint about a matter in respect of which a claim forcompensation has been made under Schedule 12, and

(c) a complaint about a matter which is the subject of proceedingsinvolving a claim for compensation which have been instituted in acourt.

(5) The General Officer Commanding Northern Ireland shall-

(a) provide such information,

(b) disclose such documents, and

(c) provide such assistance,

as the Independent Assessor may reasonably require for the purpose of theperformance of his functions.

(6) Schedule 11 (which makes supplementary provision about the IndependentAssessor) shall have effect.

Police and army powers: code ofpractice.

99. - (1) The Secretary of State may make codes of practice in connection with-

(a) the exercise by police officers of any power conferred by this Act,and

(b) the seizure and retention of property found by police officers whenexercising powers of search conferred by any provision of this Act.

(2) The Secretary of State may make codes of practice in connection with theexercise by members of Her Majesty's forces of powers by virtue of this Part.

(3) In this section "police officer" means a member of the Royal UlsterConstabulary or the Royal Ulster Constabulary Reserve.

Video recording: code ofpractice.

100. - (1) The Secretary of State shall-

(a) make a code of practice about the silent video recording ofinterviews to which this section applies, and

(b) make an order requiring the silent video recording of interviews towhich this section applies in accordance with the code.

(2) This section applies to-

(a) interviews by police officers of persons detained under section 41 ifthey take place in a police station (within the meaning of Schedule 8),and

(b) interviews held by police officers in such other circumstances as theSecretary of State may specify by order.

(3) In this section "police officer" means a member of the Royal UlsterConstabulary or the Royal Ulster Constabulary Reserve.

Codes ofpractice: supplementary.

101. - (1) This section applies to a code of practice under section 99 or 100.

(2) Where the Secretary of State proposes to issue a code of practice he shall-

(a) publish a draft,

(b) consider any representations made to him about the draft, and

(c) if he thinks it appropriate, modify the draft in the light of anyrepresentations made to him.

(3) The Secretary of State shall lay a draft of the code before Parliament.

(4) When the Secretary of State has laid a draft code before Parliament he maybring it into operation by order.

(5) The Secretary of State may revise the whole or any part of a code of practiceissued by him and issue the code as revised; and subsections (2) to (4) shall applyto such a revised code as they apply to an original code.

(6) A failure by a police officer to comply with a provision of a code shall not ofitself make him liable to criminal or civil proceedings.

(7) A failure by a member of Her Majesty's forces to comply with a provision ofa code shall not of itself make him liable to any criminal or civil proceedings otherthan-

(a) proceedings under any provision of the Army Act 1955 or the AirForce Act 1955 other than section 70 (civil offences), and

(b) proceedings under any provision of the Naval Discipline Act 1957other than section 42 (civil offences).

(8) A code-

(a) shall be admissible in evidence in criminal or civil proceedings, and

(b) shall be taken into account by a court or tribunal in any case inwhich it appears to the court or tribunal to be relevant.


"criminal proceedings" includes proceedings in Northern Ireland before a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the NavalDiscipline Act 1957 or a disciplinary court constituted under section 50 of the1957 Act and proceedings in Northern Ireland before the Courts-Martial AppealCourt, and

"police officer" means a member of the Royal Ulster Constabulary or the RoyalUlster Constabulary Reserve.

Compensation.

102. Schedule 12 (which provides for compensation to be paid for certain actiontaken under this Part) shall have effect.

Terrorist information.


(a) he collects, makes a record of, publishes, communicates or attemptsto elicit information about a person to whom this section applies which isof a kind likely to be useful to a person committing or preparing an actof terrorism, or

(b) he possesses a document or record containing information of thatkind.

(2) This section applies to a person who is or has been-

(a) a constable,

(b) a member of Her Majesty's Forces,

(c) the holder of a judicial office,

(d) an officer of any court, or

(e) a full-time employee of the prison service in Northern Ireland.

(3) In this section "record" includes a photographic or electronic record.

(4) If it is proved in proceedings for an offence under subsection (1)(b) that adocument or record-



the court may assume that the accused possessed the document or record, unless heproves that he did not know of its presence on the premises or that he had nocontrol over it.

(5) It is a defence for a person charged with an offence under this section toprove that he had a reasonable excuse for his action or possession.




(7) A court by or before which a person is convicted of an offence under thissection may order the forfeiture of any document or record containing informationof the kind mentioned in subsection (1)(a).



Police powers: records.

104. The Chief Constable of the Royal Ulster Constabulary shall makearrangements for securing that a record is made of each exercise by a constable ofa power under this Part in so far as-

(a) it is reasonably practicable to do so, and

(b) a record is not required to be made under another enactment.

Powers.

105. A power conferred on a person by virtue of this Part-

(a) is additional to powers which he has at common law or by virtue of

any other enactment, and

(b) shall not be taken to affect those powers or Her Majesty'sprerogative.

Private security services.

106. Schedule 13 (private security services) shall have effect.

Specified organisations

Specified organisations: interpretation.

107. For the purposes of sections 108 to 111 an organisation is specified at aparticular time if at that time-

(a) it is specified under section 3(8) of the Northern Ireland (Sentences)

Act 1998, and


Evidence.

108. - (1) This section applies where a person is charged with an offence undersection 11.

(2) Subsection (3) applies where a police officer of at least the rank of

superintendent states in oral evidence that in his opinion the accused-


(b) belonged to an organisation at a time when it was specified.

(3) Where this subsection applies-


(b) the accused shall not be committed for trial, be found to have a caseto answer or be convicted solely on the basis of the statement.


(a) a police force within the meaning of the Police Act 1996 or thePolice (Scotland) Act 1967, or


Inferences.

109. - (1) This section applies where a person is charged with an offence undersection 11.

(2) Subsection (4) applies where evidence is given that-

(a) at any time before being charged with the offence the accused, onbeing questioned under caution by a constable, failed to mention a factwhich is material to the offence and which he could reasonably beexpected to mention, and

(b) before being questioned the accused was permitted to consult asolicitor.

(3) Subsection (4) also applies where evidence is given that-

(a) on being charged with the offence or informed by a constable thathe might be prosecuted for it the accused failed to mention a fact whichis material to the offence and which he could reasonably be expected tomention, and

(b) before being charged or informed the accused was permitted toconsult a solicitor.

(4) Where this subsection applies-

(a) the court, in considering any question whether the accused belongsor belonged at a particular time to a specified organisation, may drawfrom the failure inferences relating to that question, but

(b) the accused shall not be committed for trial, be found to have a caseto answer or be convicted solely on the basis of the inferences.


Sections 108 and 109: supplementary.

110. - (1) Nothing in section 108 or 109 shall-

605

(a) prejudice the admissibility of evidence admissible apart from thatsection,

(b) preclude the drawing of inferences which could be drawn apartfrom that section, or


(2) In subsection (1)(c) the reference to giving evidence is a reference to giving itin any manner (whether by giving information, making discovery, producingdocuments or otherwise).

Forfeiture orders.

111. - (1) This section applies if-

(a) a person is convicted of an offence under section 11 or 12, and

(b) at the time of the offence he belonged to an organisation which wasa specified organisation.

(2) The court by or before which the person is convicted may order the forfeitureof any money or other property if-

(a) he had it in his possession or under his control at the time of theoffence, and

(b) it has been used in connection with the activities of the specifiedorganisation or the court believes that it may be used in that connectionunless it is forfeited.

(3) Before making an order under this section the court must give an opportunityto be heard to any person, other than the convicted person, who claims to be theowner of or otherwise interested in anything which can be forfeited under thissection.

(4) A question arising as to whether subsection (1)(b) or (2)(a) or (b) is satisfiedshall be determined on the balance of probabilities.

(5) Schedule 4 shall apply (with the necessary modifications) in relation to ordersunder this section as it applies in relation to orders made under section 23.

Duration of Part VII

Expiry and revival.

112. - (1) This Part shall (subject to subsection (2)) cease to have effect at the endof the period of one year beginning with the day on which it is brought into force.

(2) The Secretary of State may by order provide-

(a) that a provision of this Part which is in force (whether or not byvirtue of this subsection) shall continue in force for a specified periodnot exceeding twelve months;

(b) that a provision of this Part shall cease to have effect;

(c) that a provision of this Part which is not in force (whether or not byvirtue of this subsection) shall come into force and remain in force for aspecified period not exceeding twelve months.

(3) An order under subsection (2) may make provision with respect to a provisionof this Part-

(a) generally,

(b) only in so far as it concerns powers of members of Her Majesty'sForces, or

(c) except in so far as it concerns powers of members of Her Majesty'sForces.

(4) This Part shall, by virtue of this subsection, cease to have effect at the end ofthe period of five years beginning with the day on which it is brought into force.

(5) The following provisions shall be treated for the purposes of this section asforming part of this Part of this Act-

(a) paragraphs 36 and 37 of Schedule 4, and

(b) paragraphs 19 to 21 of Schedule 5.

Transitional provisions.

113. - (1) Where a provision of sections 74 to 77 comes into force by virtue of anorder under section 112(2), that shall not affect a trial on indictment where theindictment has been presented before the provision comes into force.

(2) Where a provision of sections 74 to 77 ceases to have effect (whether or notby virtue of an order under section 112(2)), that shall not affect the application of

the provision to a trial on indictment where the indictment has been presentedbefore the provision ceases to have effect.

(3) If when section 74(1) comes into force by virtue of an order under section112(2) a person has been committed for trial for a scheduled offence and theindictment has not been presented, then on the coming into force of section 74(1)he shall, if he was committed to the Crown Court sitting elsewhere than in Belfast,be treated as having been committed-

(a) to the Crown Court sitting in Belfast, or

(b) where a direction is given under section 74(1) which affects thetrial, to the Crown Court sitting at the place specified in the direction.

(4) Where section 74 ceases to have effect (whether or not by virtue of an orderunder section 112(2)), that shall not affect-

(a) the committal of a person for trial in accordance with that provisionto the Crown Court sitting either in Belfast or elsewhere, or

(b) the committal of a person for trial which, in accordance with thatprovision, has taken effect as a committal for trial to the Crown Courtsitting elsewhere than in Belfast,

in a case where the indictment has not been presented.

(5) Where section 79 or 80 ceases to have effect (whether or not by virtue of anorder under section 112(2)), that shall not affect the operation of the section inrelation to an offence committed while it, or a corresponding earlier enactment,was in force.

(6) Sections 108 and 109 shall not apply to a statement made or failure occurringbefore 4th September 1998.

(7) Where section 108 or 109 comes into force by virtue of an order under section112(2) it shall not apply to a statement made or failure occurring while the sectionwas not in force.

(8) Section 111 applies where an offence is committed on or after 4th September1998; and for this purpose an offence committed over a period of more than oneday or at some time during a period of more than one day shall be taken to becommitted on the last of the days in the period.

(9) Paragraph 19 of Schedule 9 shall have effect only in relation to an offencealleged to have been committed after the coming into force of that Schedule.

PART VIII

GENERAL

Police powers.

114. - (1) A power conferred by virtue of this Act on a constable-

(a) is additional to powers which he has at common law or by virtue ofany other enactment, and

(b) shall not be taken to affect those powers.

(2) A constable may if necessary use reasonable force for the purpose ofexercising a power conferred on him by virtue of this Act (apart from paragraphs 2and 3 of Schedule 7).

(3) Where anything is seized by a constable under a power conferred by virtue ofthis Act, it may (unless the contrary intention appears) be retained for so long as isnecessary in all the circumstances.

Officers'powers.

115. Schedule 14 (which makes provision about the exercise of functions byauthorised officers for the purposes of sections 25 to 31 and examining officers forthe purposes of Schedule 7) shall have effect.

Powers to stop and search.

116. - (1) A power to search premises conferred by virtue of this Act shall be takento include power to search a container.

(2) A power conferred by virtue of this Act to stop a person includes power tostop a vehicle (other than an aircraft which is airborne).

(3) A person commits an offence if he fails to stop a vehicle when required to doso by virtue of this section.




(c) both.

Consent to prosecution.

117. - (1) This section applies to an offence under any provision of this Act otherthan an offence under-

(a) section 36,

(b) section 51,

(c) paragraph 18 of Schedule 7,

(d) paragraph 12 of Schedule 12, or

(e) Schedule 13.

(2) Proceedings for an offence to which this section applies-

(a) shall not be instituted in England and Wales without the consent ofthe Director of Public Prosecutions, and

(b) shall not be instituted in Northern Ireland without the consent of theDirector of Public Prosecutions for Northern Ireland.

(3) Where it appears to the Director of Public Prosecutions or the Director ofPublic Prosecutions for Northern Ireland that an offence to which this sectionapplies is committed for a purpose connected with the affairs of a country otherthan the United Kingdom-

(a) subsection (2) shall not apply, and

(b) proceedings for the offence shall not be instituted without theconsent of the Attorney General or the Attorney General for NorthernIreland.

Defences.

118. - (1) Subsection (2) applies where in accordance with a provision mentionedin subsection (5) it is a defence for a person charged with an offence to prove aparticular matter.

(2) If the person adduces evidence which is sufficient to raise an issue withrespect to the matter the court or jury shall assume that the defence is satisfiedunless the prosecution proves beyond reasonable doubt that it is not.

(3) Subsection (4) applies where in accordance with a provision mentioned insubsection (5) a court-

(a) may make an assumption in relation to a person charged with anoffence unless a particular matter is proved, or

(b) may accept a fact as sufficient evidence unless a particular matter isproved.

(4) If evidence is adduced which is sufficient to raise an issue with respect to thematter mentioned in subsection (3)(a) or (b) the court shall treat it as proved unlessthe prosecution disproves it beyond reasonable doubt.

(5) The provisions in respect of which subsections (2) and (4) apply are-

(a) sections 12(4), 39(5)(a), 54, 57, 58, 77 and 103 of this Act, and

(b) sections 13, 32 and 33 of the Northern Ireland (EmergencyProvisions) Act 1996 (possession and information offences) as they haveeffect by virtue of Schedule I to this Act.

Crown servants, regulators, &c.

119. - (1) The Secretary of State may make regulations providing for any ofsections 15 to 23 and 39 to apply to persons in the public service of the Crown.

(2) The Secretary of State may make regulations providing for section 19 not toapply to persons who are in his opinion performing or connected with theperformance of regulatory, supervisory, investigative or registration functions of apublic nature.

(3) Regulations-

(a) may make different provision for different purposes,

(b) may make provision which is to apply only in specifiedcircumstances, and

(c) may make provision which applies only to particular persons or topersons of a particular description.

Evidence.

120. - (1) A document which purports to be-

(a) a notice or direction given or order made by the Secretary of Statefor the purposes of a provision of this Act, and

(b) signed by him or on his behalf,

shall be received in evidence and shall, until the contrary is proved, be deemed tohave been given or made by the Secretary of State.

(2) A document bearing a certificate which-

(a) purports to be signed by or on behalf of the Secretary of State, and

(b) states that the document is a true copy of a notice or direction givenor order made by the Secretary of State for the purposes of a provision ofthis Act,

shall be evidence (or, in Scotland, sufficient evidence) of the document in legalproceedings.

(3) In subsections (1) and (2) a reference to an order does not include a referenceto an order made by statutory instrument.

(4) The Documentary Evidence Act 1868 shall apply to an authorisation given inwriting by the Secretary of State for the purposes of this Act as it applies to anorder made by him.

Interpretation.

121. In this Act-

"act" and "action" include omission,

"article" includes substance and any other thing,

"customs officer" means an officer commissioned by the Commissioners ofCustoms and Excise under section 6(3) of the Customs and Excise ManagementAct 1979,

"dwelling" means a building or part of a building used as a dwelling, and a vehiclewhich is habitually stationary and which is used as a dwelling,

"explosive" means-

(a) an article or substance manufactured for the purpose of producing apractical effect by explosion,

(b) materials for making an article or substance within paragraph (a),

(c) anything used or intended to be used for causing or assisting incausing an explosion, and

(d) a part of anything within paragraph (a) or (c),

612

"firearm" includes an air gun or air pistol,

"immigration officer" means a person appointed as an immigration officer underparagraph 1 of Schedule 2 to the Immigration Act 1971,

"the Islands" means the Channel Islands and the Isle of Man,

"organization" includes any association or combination of persons,

"premises" includes any place and in particular includes-

(a) a vehicle,

(b) an offshore installation within the meaning given in section 44 ofthe Petroleum Act 1998, and

(c) a tent or moveable structure,

"property" includes property wherever situated and whether real or personal,heritable or moveable, and things in action and other intangible or incorporealproperty,

"public place" means a place to which members of the public have or arepermitted to have access, whether or not for payment,

"road" has the same meaning as in the Road Traffic Act 1988 (in relation toEngland and Wales), the Roads (Scotland) Act 1984 (in relation to Scotland) andthe Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to NorthernIreland), and includes part of a road, and

"vehicle", except in sections 48 to 52 and Schedule 7, includes an aircraft,

hovercraft, train or vessel.

Index of defined expressions.

122. In this Act the expressions listed below are defined by the provisionsspecified.

Expression Interpretation provisionAct Section 121Action Section 121Action taken for the purposes of terrorism Section 1(5)Article Section 121Authorised officer Section 24(1)Cash Section 24(2)Cordoned area Section 33

Expression Interpretation provision

Customs officer Section 121Dwelling Section 121Examining officer Schedule 7, paragraph IFirearm Section 121Immigration officer Section 121The Islands Section 121Organisation Section 121Premises Section 121Property Section 121Proscribed organization Section 3(1)Public place Section 121Road Section 121Scheduled offence (in Part VII) Section 65Terrorism Section 1Terrorist (in Part V) Section 40Terrorist investigation Section 32Terrorist property Section 14Vehicle Section 121Vehicle (in sections 48 to 51) Section 52

Orders and regulations.

123. - (1) An order or regulations made by the Secretary of State under this Act-

(a) shall be made by statutory instrument,

(b) may contain savings and transitional provisions, and

(c) may make different provision for different purposes.

(2) Subject to subsection (3), an order or regulations under any of the followingprovisions shall be subject to annulment in pursuance of a resolution of eitherHouse of Parliament-

(a) section 4(3);

(b) section 24(2)(e);

(c) section 72;

(d) section 79(5);

(e) section 80(9);

(f) section 97(1) or (3);

(g) section 100(l)(b);

(h) section 119(1) or (2);

(i) paragraph 52(1)(a) or (b) of Schedule 4;

(j) paragraph 17(4) of Schedule 7;

(k) paragraph 3(l)(b) of Schedule 8;

(1) paragraph 19 of Schedule 8.

(3) In the cases of-

(a) the first order to be made under paragraph 17(4) of Schedule 7, and

(b) the first order to be made under paragraph 19 of Schedule 8,

the order shall not be made unless a draft has been laid before and approved byresolution of each House of Parliament (and subsection (2)j) or (1) shall notapply).

(4) An order or regulations under any of the following provisions shall not bemade, subject to subsection (5), unless a draft has been laid before and approvedby resolution of each House of Parliament-

(a) section 3(3);

(b) section 53(2);

(c) section 65(3);

(d) section 96;

(e) section 101(4);

(f) section 112(2);

(g) paragraph 2(2) of Schedule 1;

(h) paragraph 6(2) or 7(3) of Schedule 6;

(i) paragraph 16 of Schedule 7;

(j) paragraph 3(2) of Schedule 8;

(k) paragraph 4(4) of Schedule 8;

(1) paragraph 4(l)(e) of Schedule 14;

(m) paragraph 7(3) of Schedule 14.

(5) An order or regulations under a provision mentioned in subsection (4), exceptfor paragraph (b), may be made without a draft having been approved if theSecretary of State is of the opinion that it is necessary by reason of urgency; andthe order-

(a) shall contain a declaration of the Secretary of State's opinion, and

(b) shall cease to have effect at the end of the period of 40 daysbeginning with the day on which the Secretary of State makes the order,unless a resolution approving the order is passed by each House duringthat period.

(6) For the purposes of subsection (5)-

(a) a code of practice or revised code to which an order relates shallcease to have effect together with the order,

(b) an order's ceasing to have effect shall be without prejudice toanything previously done or to the making of a new order (or the issue ofa new code), and

(c) the period of 40 days shall be computed in accordance with section7(1) of the Statutory Instruments Act 1946.

(7) An order under paragraph 8(3) of Schedule 13 shall be laid before Parliament.

(8) Subsection (1)(a) does not apply to an order made-

(a) under section 94,

(b) by virtue of paragraph 36 of Schedule 4, or

(c) under or by virtue of any of paragraphs 19 to 21 of Schedule 5.

(9) Subsections (1)(a) and (4)(d) do not apply to an order made under regulationsmade under section 96.

Directions.

124. A direction given under this Act may be varied or revoked by a furtherdirection.

Amendments and repeals.

125. - (1) Schedule 15 (consequential amendments) shall have effect.

(2) The enactments listed in Schedule 16 are hereby repealed or revoked to theextent specified.

Report to Parliament.

126. The Secretary of State shall lay before both Houses of Parliament at leastonce in every 12 months a report on the working of this Act.

Money.

127. The following shall be paid out of money provided by Parliament-

(a) any expenditure of a Minister of the Crown under or by virtue ofthis Act, and

(b) any increase in the sums payable out of money provided byParliament under any other enactment.

Commencement.

128. The preceding provisions of this Act, apart from sections 2(l)(b) and (2)and 118 and Schedule 1, shall come into force in accordance with provision madeby the Secretary of State by order.

Transitional provisions.

129. - (1) Where, immediately before the coming into force of section 2(1)(a), aperson is being detained by virtue of a provision of the Prevention of Terrorism(Temporary Provisions) Act 1989-

(a) the provisions of that Act shall continue to apply to him, in place ofthe corresponding provisions of this Act, until his detention comes to anend, and

(b) nothing in paragraph 5 or 8 of Schedule 15 shall have effect inrelation to him during his detention.

(2) Where-

(a) a person is detained by virtue of a provision of the Northern Ireland(Emergency Provisions) Act 1996 (as continued in force by virtue ofSchedule I to this Act), and

(b) the provision ceases to have effect,

he shall be treated as lawfully detained under any corresponding provision of thisAct.

(3) Where this Act repeals and re-enacts a provision of-

(a) the Prevention of Terrorism (Temporary Provisions) Act 1989, or

(b) the Northern Ireland (Emergency Provisions) Act 1996,

the repeal and re-enactment shall not, unless the contrary intention appears, affectthe continuity of the law.

(4) A reference in this Act or any other enactment or instrument to a provision ofthis Act shall (so far as the context permits) be taken to include a reference to acorresponding provision repealed by this Act.

(5) The repeal by virtue of this Act of section 14 of the Northern Ireland(Emergency Provisions) Act 1996 (young persons convicted of scheduledoffences) shall not affect its operation in relation to offences committed while itwas in force.

(6) Any document made, served or issued after the commencement of paragraph(a) or (b) of section 2(1) which contains a reference to an enactment repealed bythat paragraph shall, so far as the context permits, be construed as referring to or(as the context may require) including a reference to the corresponding provisionof this Act.

(7) Any document made, served or issued after the commencement of this Actwhich contains a reference to a provision of this Act shall, so far as the contextpermits, be construed as referring to or (as the context may require) including areference to the corresponding provision of-

(a) the Prevention of Terrorism (Temporary Provisions) Act 1989, or

(b) the Northern Ireland (Emergency Provisions) Act 1996.

(8) Section 117 shall apply to the institution of proceedings after commencementof that section whether the offence to which the proceedings relate (which may, byvirtue of subsection (4) above, be an offence under a provision repealed by thisAct) is alleged to have been committed before or after commencement of thatsection.

Extent.

130. - (1) Subject to subsections (2) to (6), this Act extends to the whole of theUnited Kingdom.

(2) Section 59 shall extend to England and Wales only.

(3) The following shall extend to Northern Ireland only-

(a) section 60, and

(b) Part VII.

(4) Section 61 shall extend to Scotland only.

(5) In Schedule 5-

(a) Part I shall extend to England and Wales and Northern Ireland only,and

(b) Part II shall extend to Scotland only.

(6) The amendments and repeals in Schedules 15 and 16 shall have the sameextent as the enactments to which they relate.

Short title.

131. This Act may be cited as the Terrorism Act 2000.

XLIV. UZBEKISTAN9"

CRIMINAL CODE OF 22 SEPTEMBER 1994


Actions designed to coerce the State, an international organization, anindividual or a legal entity to carry out or refrain from carrying out any action,accompanied by the threat of murder, the use of force, the seizure or holding ofproperty or a person as a hostage, an attack directed against the official premises ofa mission of a foreign State or of international organizations enjoying internationalprotection, or against housing facilities belonging to them or leased by them, forthe purpose of disturbing international relations, causing war or destabilizing thesituation in the Republic of Uzbekistan -

Shall be punished by imprisonment for a term of eight to ten years withconfiscation of property.

97 Transmitted to the Secretariat by that Government on 11 May 2000.

619

An attempt on the life of or the causing of bodily harm to a State orpublic figure or government representative carried out in connection with theirState or public activities in order to destabilize the situation, influence the taking ofdecisions by State bodies or impede political or other public activities, -

Shall be punished by imprisonment for a term of 10 to 15 years withconfiscation of property.

Acts which are provided for under the first or second part of this articleand which lead to:

(a) Loss of life,

(b) Other grave consequences, -

Shall be punished by imprisonment for a term of 15 to 20 years or by thedeath penalty with confiscation of property.

Documents

United Nations Legislative Series...Presidential Decree No. 532: Anti-Piracy and Anti-Highway Robbery Law of 1974 ..... 318 3. Revised Penal Code ..... 320 XXXIII. POLAND 1. Summary