OFFENCES AGAINST AIRCRAFT ACT

Arrangement of Sections

1. Short title.

2. Competent Authority.

PART I

3. Minister to certify contracting States to the Convention.

4. Jurisdiction of courts over offences committed on board Sri Lanka aircraft.

5. Commander of a Sri Lanka aircraft deemed to be a peace within the meaning of the Code of Criminal Procedure Act.

6. Provisions of Chapter III of the Convention to have force of law in Sri Lanka.

7. Resistance and obstruction of aircraft Commander exercising powers conferred on him by the provisions of the Schedule to be an offence.

8. Refusal or failure to assist aircraft Commander to be an offence.

9. Failure of aircraft Commander to report disembarkation of offender or to notify the intention to deliver offender, to be an offence.

10. Offences under this Part of this Act.

11. Commander of aircraft registered contracting State to be allowed to disembark or deliver persons in accordance with the Convention.

12. Duties of Competent Authority on the delivery of a person.

13. Person disembarked or delivered to be allowed to leave Sri Lanka if no criminal or extradition proceedings are instituted against him.

14. Disembarkation or delivery not deemed to be permission to enter Sri Lanka.

15. Offences committed on aircraft registered in a contracting State deemed to be committed in that State.

16. Interpretation.

PART II

17. Offences on board or against aircraft.

18. Offences Part of this Act to be cognizable and non-bailable.

19. Acts committed on board, or in relation to, a foreign aircraft deemed to be offences.

20. Competent Authority to make preliminary inquiry on the arrest of any person under this Part of this Act.

21. Duties of Competent Authority.

22. Amendment of Extradition Law, No. 8 of 1977.

23. Convention to constitute extradition arrangement between the Government of Sri Lanka and the Governments of States which are parties to the Hague or Montreal Conventions.

24. Provision regarding extradition.

25. Special Provision relating to extradition.

26. Interpretation.

24 of 1982.

AN ACT to give effect to certain conventions relating to the safety of aircraft to which Sri Lanka has become a party, namely (a) the Convention on Offences and certain other acts committed on board aircraft, signed at Tokyo on September 14, 1963; (b) the Convention for the Suppression of Unlawful Seizure of Aircraft, 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.

[Date of Commencement: Part I 26th July, 1982; Part II 3rd July, 1978]

1. Short title.

(1) This Act may be cited as the Offences against Aircraft Act.

(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 have come 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 the safety 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 an offence under that Part shall be liable to be tried and punished for such offence under the provisions of that Part.

2. Competent Authority.

The Director of Civil Aviation appointed under the Air Navigation Act, shall be the Competent Authority for the purposes of this Act.

PART I

3. Minister to certify contracting States to the Convention.

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 be conclusive evidence of the matters so certified.

4. Jurisdiction of courts over offences committed on board Sri Lanka aircraft.

(1) Any act or omission committed, or taking place, on board a Sri Lanka aircraft 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 have constituted 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.

(2) Where an offence under the law of Sri Lanka is committed on board a Sri Lanka aircraft in flight or on the surface of the high seas or of any other area outside the territory of any State (not being an offence of a political nature or based on racial or religious discrimination), such offence shall, if it is an offence which if committed in Sri Lanka would have been tribal under the law of Sri Lanka—

(a) by a Magistrate's Court, be tried by the Magistrate's Court of Colombo; or

(b) by the High Court, be tried by the High Court Holden in the judicial zone of Colombo.

5. Commander of a Sri Lanka aircraft deemed to be a peace within the meaning of the Code of Criminal Procedure Act.

Every Commander of a Sri Lanka aircraft shall be deemed to be a peace officer 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 power conferred on a peace officer by that Act.

6. Provisions of Chapter III of the Convention to have force of law in Sri Lanka.

(1) The provisions of the Schedule to this Act, being the provisions of Chapter III of the Convention, shall have force of law in Sri Lanka, so far as those provisions relate to the powers of a Commander of a Sri Lanka aircraft in relation to offences and acts committed on board such aircraft when such aircraft is in flight or on the surface of the high seas or of any other area outside the territory of a State.

(2) In the event of any inconsistency between the provisions of the Schedule to this Act and the provisions of any other law, the provisions of that Schedule shall prevail over such other law.

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