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Hijacking Act

Published: 1975

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Hijacking (CAP. 200 1



Arrangement of Sections

1. Short title.
2. Hijacking.
3 . Violence against passengers or crew.
4. Extradition.
5. Aircraft operated by joint or international organisation.
4. Prosecution of offences.


(3rd December, 1975.) 2111975.
(S.R.O. 4611981).

1. This Act may be cited as the Hijacking Act. Short title.

2. (1) Subject to subsection (2), a person on board Hijacking.
an aircraft in flight who unlawfully, by the use of force or
by threats of any kind, seizes the aircraft or exercises con-
trol of it commits the offence of hijacking, whatever his
nationality, whatever the country or territory in which the
aircraft is registered and whether the aircraft is in Antigua
and Barbuda or elsewhere.

(2) If-

(a) The aircraft is used in customs or police ser-
vice; or


2 CAP. 200) Hijacking

(b) both the place of take-off and the place of
landing are in the country or territory, including the
territorial waters, in which the aircraft is registered,

subsection (1) shall not apply unless-

(i) the person seizing or exercising control of the
aircraft is a citizen of Antigua and Barbuda;

(ii) his act is committed within Antigua and
Barbuda; or

(iii) the aircraft is registered in Antigua and
Barbuda or is used in the Police service of An-
tigua and Barbuda.

(3) A person who-

(a) commits the offence of hijacking; or

(6) in Antigua and Barbuda induces or assists the
commission elsewhere of an act which would be the
offence of hijacking but for subsection (2),

shall be liable on conviction on indictment to imprisonment
for ten years.

(4) 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.

Violence against
passengers or

3. Where a person of whatever nationality does on
crew. board any aircraft wherever registered and while outside

Antigua and Barbuda any act which, if done in Antigua and
Barbuda would constitute the offence of murder, attempted
murder, manslaughter, culpable homicide or assault or an
offence under section 20,22,23,24,25,30 or 3 1 of the Offences
Against the Person Act, this act shall constitute that offence
if it is done in connection with the offence of hijacking com-
mitted or attempted by such person on board that aircraft.


Hijacking (CAP. 200 3

4. There shall be deemed to be included- Extradition.
(a) in the list of crimes contained in Schedule 1

to the Extradition Act, 1870 of the United Kingdom
insofar as such Act is applied to Antigua and Barbuda Cap. 164.
by section 2 of the Extradition Act; and

(6) among the description of offences set out in
Part I of the Schedule of the Fugitive Offenders Act. Cap. 185.

any offence under this Act and any attempt to commit such
an offence.

5 . If the Governor-General, by Order, declares- t:;ft t y t e d , "
(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 under paragraph (b ) 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) ( 6 ) shall have effect as if it referred to the ter-
ritory of any one of the States named in the order.

6. Proceedings for an offence under this Act shall not of
be instituted except by or with the written consent of the
Director of Public Prosecutions.