Hijacking Act 1971 (Overseas Territories) Order, 1971

Chapter number: 
91
In force: 
Yes

 

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CONSOLIDATED TO 30 JUNE 2012

 

 

LAWS OF SEYCHELLES

 

S.I 127 of 1971

S.I 35 of 1974

CHAPTER 91
 
 THE HIJACKING ACT 1971 (OVERSEAS TERRITORIES) ORDER, 1971
 
(1st November, 1971)

1       This Order may be cited as the Hijacking Act 1971 (Overseas Territories) Order, 1971.

2       The Interpretation Act 1889* of the United Kingdom shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, Acts of Parliament.

3       Sections 1, 2, 4 and 5 of the Hijacking Act 1971, of the United Kingdom** modified and adapted as in the Schedule hereto, shall extend to Seychelles.
 

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SCHEDULE
 
[Article 3]
 
PROVISIONS OF THE HIJACKING ACT 1971 AS EXTENDED TO SEYCHELLES
 
Hijacking

1       (1)        A person on board an aircraft in flight who unlawfully, by the use of force or by threats of any kind, seizes the aircraft or exercises control of it commits the offence of hijacking, whatever his nationality, whatever the State in which the aircraft is registered and whether the aircraft is in Seychelles or elsewhere, but subject to subsection (2) of this section.

 

(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 the territory of the State in which the aircraft is registered, subsection (1) of this section shall not apply, unless ?
 

 

??????????????????????????????????????????????????
*  1889 c. 63
**1971 c. 70
 

(i)                 the person seizing or exercising control of the aircraft is such a person as is mentioned in subsection (3) of this section; or

(ii)               his act is committed in Seychelles; or

 

(iii)             the aircraft is registered in Seychelles or is used in the military or customs service of Seychelles or in the service of the Police Force in Seychelles.

 

(3)        The persons referred to in subsection (2) (i) of this section are the following, namely –

 

(a)        a citizen of Seychelles.
 

(4)        A person who ?
 

(a)        commits the offence of hijacking, or
 

(b)        in Seychelles induces or assists the commission elsewhere of an act which would be the offence of hijacking but for subsection (2) of this section,

 

shall be liable on conviction to imprisonment for life.
 

(5)        For the purposes of this section the period during which an aircraft is in flight shall be deemed to include any period from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation, and, in the case of a forced landing, any period until the competent authorities take over responsibility for the aircraft and for persons and property on board.

 

(6)        For the purposes of this section the territorial waters of Seychelles shall be treated as part of its territory.
 

(7)        In this section "military service" includes naval and air?force service.

 

Violence against passengers or crew

2       (1)        Without prejudice to section 1 of the Tokyo Convention Act 1967 (which makes similar provision for offences on board Seychelles? controlled aircraft) as extended to Seychelles, where a person (of whatever nationality) does on board any aircraft (wherever registered) and while outside Seychelles, any act which, if done in Seychelles would constitute the offence of murder, attempted murder, manslaughter, culpable homicide or assault or an offence under section 18, 20, 21, 22, 23, 28 or 29 of the Offences Against the Person Act 1861 of the United Kingdom or section 2 of the Explosives Substances Act 1883 of the United Kingdom, his act shall constitute that offence if it is done in connection with the offence of hijacking committed or attempted by him on board that aircraft.

 

(2)        For the purposes only of this section the said sections of the Offences Against the Person Act 1861 of the United Kingdom and of the Explosives Substances Act 1883, of the United Kingdom if not already in force in Seychelles, shall be deemed to be in force in the Seychelles as they are in force in England.

 

Aircraft operated by joint or international organisation

 

4       If the Minister by order made by statutory instrument declares:?

 

(a)        that any two or more States named in the order have established an organisation or agency which operates aircraft, and

 

(b)        that one of those States has been designated as exercising, for aircraft so operated, the powers of the State of registration,

 

the State declared to have been designated as aforesaid shall be deemed for the purposes of this Act to be the State in which any aircraft so operated is registered; but in relation to such an aircraft section 1(2) (b) of this Act shall have effect as if it referred to the territory of any one of the States named in the order.

 

Prosecution of Offences

 

5       (1)        Proceedings for an offence under this Act shall not be instituted in Seychelles, except by or with the consent of the Attorney General.

 

 (2)        Nothing in subsection (1) shall prevent the arrest, or the issue of a warrant for the arrest, of any person in respect of any offence under this Act, or the remanding in custody or on bail of any person charged with any such offence.

 

(3)        In this section the expression "Attorney General" includes the Solicitor General, and if neither of such offices exists, the expression means that officer whose functions include the general control of public prosecutions.

 

 

___________________

 

EXPLANATORY NOTE

(This Note is not part of the Order)

 

This Order extended the provisions of the Hijacking Act 1971 of the United Kingdom, subject to exceptions, adaptations and modifications, to Seychelles.

 

The purposes of the Act were to give effect to the Convention for the Suppression of Unlawful Seizure of Aircraft signed at The Hague on 16th December 1970 (Cmnd. 4577); and for connected purposes.