Protection of Aviation (Tokyo, Hague and Montreal Conventions) Act


Published: 1985-01-04

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Protection of Aviation (Tokyo, Hague and Montreal Conventions) Act
PROTECTION OF AVIATION (TOKYO, HAGUE AND
MONTREAL CONVENTIONS)

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

PROTECTION OF AVIATION (TOKYO, HAGUE AND
MONTREAL CONVENTIONS)

CHAPTER 285

PROTECTION OF AVIATION (TOKYO, HAGUE
AND MONTREAL CONVENTIONS)

ARRANGEMENT OF SECTIONS



PART I
PRELIMINARY

SECTION

1. Short title.
2. Interpretation.


PART II
PROVISIONS GIVING EFFECT TO THE TOKYO

CONVENTION

3. Interpretation of Part II.
4. Application of criminal law to aircraft.
5. Extension of local criminal jurisdiction.
6. Powers of commander of aircraft.
7. Jurisdiction of Convention countries for extradition purposes.
8. Provisions as to evidence in connection with aircraft.


PART III
PROVISIONS GIVING EFFECT TO THE HAGUE

CONVENTION

9. Hijacking.
10. Violence against passengers or crew.
11. Extradition for hijacking.


PART IV
PROVISIONS GIVING EFFECT TO THE MONTREAL

CONVENTION

12. Interpretation of Part IV.
13. Destroying, damaging or endangering safety of aircraft.
14. Other acts endangering or likely to endanger aircraft.
15. Inducing or assisting commission of acts excepted from sections 13

and 14.
16. Penalties and jurisdiction.
17. Extradition for offences under this Part.
18. No conferment of civil remedy under this Part; Saving.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

PART V
GENERAL


19. Extradition.
20. Aircraft operated by joint or international organization.
21. Minister’s certificate as to use of aircraft.
22. Prosecution of offence.
23. Powers exercisable on suspicion of intended offence.
24. Piracy.
25. Repeal.

SCHEDULE — Provisions of Geneva Convention on the High Seas to be
Treated as Part of the Law of Nations

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CHAPTER 285

PROTECTION OF AVIATION (TOKYO, HAGUE AND
MONTREAL CONVENTIONS)

An Act to give effect to the convention for the
suppression of unlawful acts against the safety of civil
aviation and to consolidate the law relating to matters
affecting the security of civil aviation.

[Assent 31st December, 1984]
[Commencement 4th January, 1985]

PART I
PRELIMINARY

1. This Act may be cited as the Protection of
Aviation (Tokyo, Hague and Montreal Conventions) Act.

2. (1) In this Act —
“Immigration Officer” has the meaning assigned to it

in section 2(1) of the Immigration Act;
“service aircraft” means any aircraft which is used in

the military, customs or police service of any
country.

(2) Any reference to the Extradition Act shall be
construed as a reference to the Extradition Act.

(3) Any reference to “military service” includes a
reference to naval or air force service.

PART II
PROVISIONS GIVING EFFECT TO THE TOKYO

CONVENTION
3. (1) In this Part —
“aircraft” means any aircraft, whether or not a

Bahamian-controlled aircraft, but with the
exception —
(a) of any service aircraft:
Provided that the Minister may, by order,

direct that any of the provisions of this Part


24 of 1984

Short title.

Interpretation.

Ch. 191.

Ch. 96.

Interpretation of
Part II.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

shall apply, with or without modification,
to any service aircraft, other than an
aircraft which is used in military service;

(b) of any aircraft (other than service aircraft)
to the exclusive use of which the
Government is entitled;

“Bahamian-controlled aircraft” means an aircraft —
(a) which is for the time being registered in

The Bahamas; or
(b) which is not for the time being registered

in any country but in the case of which
either the operator of the aircraft or each
person entitled as owner to any legal or
beneficial interest in it —

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

(ii) resides or has his principal place of
business in The Bahamas; or

(c) which, being registered in some other
country is demised or hired out to a person
who, or to persons each of whom, satisfies
the requirements set out in paragraph (b)(i)
and (ii);

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

“Convention country” means a country in which the
Convention is for the time being in force, and a
certificate of the Minister charged with
responsibility for Foreign Affairs that any
country specified in the certificate is a
Convention country for the purposes of this Act
shall be conclusive evidence that the country in
question is for the time being a Convention
country;

“operator”, in relation to an aircraft at any time,
means the person who at the time has lawfully
the management of that aircraft;

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

“the Convention” means the Convention on Offences
and certain other Acts committed on board
Aircraft signed at Tokyo on 14th September,
1963.

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

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

(b) for the purposes of section 6 —
(i) any further period from the moment when

all external doors, if any, of the aircraft are
closed following embarkation for a flight
until the moment when any such door is
opened for disembarkation after that flight;
and

(ii) if the aircraft makes a forced landing, any
period thereafter until the time when the
competent authorities of the country in
which the landing takes place take over the
responsibility for the aircraft and for the
persons and property on board (being, if the
forced landing takes place in The Bahamas,
the time when a peace officer acting in the
execution of his functions, arrives at the
place of landing),

and any reference in this Part to an aircraft in flight
includes a reference to an aircraft during any period when
it is on the surface of the sea or land but not within the
territorial limits of any country.

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

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

4. (1) Any act taking place on board a Bahamian-
controlled aircraft while in flight elsewhere than in or over
The Bahamas and which, if taking place in The Bahamas,
would constitute an offence under the law in force in The
Bahamas shall constitute that offence:

Provided that this subsection shall not apply to any
act which is, by or under that law, expressly or impliedly
authorised when taking place outside The Bahamas.

(2) No proceedings for any offence under the law in
force in The Bahamas committed on board an aircraft
while in flight elsewhere than in or over The Bahamas
(other than an offence against the Civil Aviation Act, or
any orders or regulations made thereunder or as mentioned
in section 20 thereof) shall be instituted except by or with
the consent of the Attorney-General.

5. For the purpose of conferring jurisdiction, any
offence under the law in force in The Bahamas, being an
offence committed on board an aircraft in flight, shall be
deemed to have been committed in any place in The
Bahamas where the offender may for the time being be.

6. (1) The provisions of subsections (2) to (5) shall
have effect for the purposes of any proceedings before any
court in The Bahamas.

(2) 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 the aircraft —

(a) that the person in question has done or is about
to do any act on the aircraft while it is in flight
which jeopardises or may jeopardise —

(i) the safety of the aircraft or of persons or
property on board the aircraft; or

(ii) good order and discipline on board the
aircraft; or

(b) that the person in question has done on the
aircraft while in flight any 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 religious
discrimination,

Application of
criminal law to
aircraft.

Ch. 284.

Extension of
local criminal
jurisdiction.

Powers of
commander of
aircraft.

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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; or
(ii) to maintain good order and discipline on board

the aircraft; or
(iii) to enable the commander to disembark or

deliver that person in accordance with
subsection (5),

and for the purposes of paragraph (b) any Bahamian-
controlled aircraft shall be deemed to be registered in The
Bahamas whether or not it is in fact so registered and
whether 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 the aircraft 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 in restraining any person whom the
commander is entitled under subsection (2) to restrain; and
at any time when the aircraft is in flight any such member
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 are mentioned in subsection
(2) which he has reasonable grounds to believe are
immediately necessary to protect the safety of the aircraft
or of persons or property on board the aircraft.

(4) Any restraint imposed on any person on board
an aircraft under the powers conferred by the foregoing
provisions of this section shall not be continued after the
time when the aircraft first thereafter ceases to be in flight
unless before or as soon as is reasonably practicable after
that time, the commander of the aircraft causes notification
of the fact that a person on board the aircraft is under
restraint, and of the reasons therefor, to be sent to an
appropriate authority of the country in which the aircraft so
ceases to be in flight, but subject to such notification 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


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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

able with any requisite consent of the
appropriate authorities to disembark or deliver
the person under restraint in accordance with
subsection (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 reasonable grounds —
(i) to believe as mentioned in paragraph (a) of

subsection (2); and
(ii) to believe that it is necessary so to do in

order to protect the safety of the aircraft or
of persons or property on board the aircraft
or to maintain good order and discipline
on 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 reasonable grounds to believe as
mentioned in paragraph (b) of subsection (2),
may deliver that person —

(i) in The Bahamas, to a peace officer or
immigration officer; or

(ii) in any country which is a Convention
country, to an officer having functions
corresponding to the functions in The
Bahamas either of a peace officer or of an
immigration officer.

(6) The commander of an aircraft —
(a) if he disembarks any person in pursuance of

paragraph (a) of subsection (5), in the case of a
Bahamian-controlled aircraft, in any country or,
in the case of any other aircraft, in The
Bahamas, shall report the fact 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 the country of nationality of that
person;

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(b) if he intends to deliver any person in accordance
with paragraph (b) of subsection (5) in The
Bahamas or, in the case of a Bahamian-
controlled aircraft, in any other country which is
a Convention country, shall before or as soon as
reasonably practicable after landing give
notification of his intention and of the reasons
therefor —

(i) where the country in question is The
Bahamas, to a peace officer or
immigration officer or, in the case of any
other country, to an officer having
functions corresponding to the functions in
The Bahamas either of a peace officer or
of an immigration officer; and

(ii) in either case to the appropriate diplomatic
or consular officer of the country of
nationality of that person,

and any commander of an aircraft who without reasonable
cause fails to comply with the requirements of this
subsection shall be liable on summary conviction to a fine
of five hundred dollars.

7. For the purposes of the application of the
Extradition Act to crimes committed on board an aircraft in
flight, any aircraft registered in a Convention country shall,
at any time, while that aircraft is in flight, be deemed to be
within the jurisdiction of that country whether or not it is
for the time being also within the jurisdiction of any other
country; and paragraphs (1) to (3) of section 16 of the
Extradition Act shall have effect also where a person’s
surrender is sought in respect of a crime committed on
board an aircraft in flight which lands in The Bahamas, but
as if in paragraph (3) for references to the port where the
vessel lies there were substituted references to the place at
which the person whose surrender is sought is
disembarked.

8. (1) Where, in proceedings before any court in
The Bahamas for an offence committed on board an
aircraft, the testimony of any person is required and the
court is satisfied that such person cannot be found in The
Bahamas, there shall, subject to subsection (2), be
admissible in evidence before that court any deposition


Jurisdiction of
Convention
countries for
extradition
purposes.
Ch. 96.

Provisions as to
evidence in
connection with
aircraft.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

relating to the subject matter of those proceedings,
previously made on oath by that person outside The
Bahamas and which was so made —

(a) in the presence of the person charged with the
offence; and

(b) before a judge or magistrate of any country in
the Commonwealth or before any consular
officer within the meaning of the Merchant
Shipping Act.

(2) Any such deposition shall be authenticated by
the signature of the judge, magistrate or officer aforesaid
before whom it was made, and shall be certified by him to
have been taken in the presence of the person charged as
aforesaid.

(3) It shall not be necessary in any proceedings to
prove the signature or official character of the person
appearing to have authenticated any deposition, or to have
given such a certificate, as aforesaid; and such a certificate
shall, unless the contrary is proved, be sufficient evidence
in any proceedings that the person charged as aforesaid
was present at the making of the deposition.

(4) If a complaint is made to such an officer as
aforesaid that any offence has been committed on a
Bahamian-controlled aircraft while in flight elsewhere than
in or over The Bahamas, it shall be lawful for that officer
to inquire into the case upon oath.

(5) In this section, the expression “deposition”
includes any affidavit, affirmation or statement made upon
oath; and nothing in this section shall prejudice the
admission as evidence of any deposition which is
admissible in evidence apart from this section.

PART III
PROVISIONS GIVING EFFECT TO THE HAGUE

CONVENTION
9. (1) Subject to subsection (2), a person on board an

aircraft in flight who unlawfully, by use of force or 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 The Bahamas or elsewhere.

Ch. 268.

Hijacking.

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(2) If —
(a) the aircraft is a service aircraft; 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) shall not apply unless —
(i) the person seizing or exercising control of the

aircraft is a citizen of The Bahamas; or
(ii) his act is committed in The Bahamas; or
(iii) the aircraft is registered in The Bahamas or is a

Bahamian service aircraft.
(3) A person who —
(a) commits the offence of hijacking; or
(b) in The Bahamas, 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 information to
imprisonment for life.

(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 of the State in which that landing takes place
take over responsibility for the aircraft and for persons and
property on board (being, if the forced landing takes place
in The Bahamas, the time when a peace officer acting in
the execution of his functions, arrives at the place of
landing).

(5) In relation to any offence of hijacking
committed outside The Bahamas section 5 shall apply and
for the purpose of such application in respect of a service
aircraft paragraph (a) of the definition of aircraft in section
3(1) shall be deemed to have been omitted.

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

10. Without prejudice to section 4, where a person (of
whatever nationality) does on board any aircraft (wherever
registered) and while outside The Bahamas any act which,


Violence against
passengers or
crew.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

if done in The Bahamas, would constitute the offence of
murder, attempted murder, manslaughter or assault or an
offence under section 269, 270, 272, 273, 274, 275 or 276
of the Penal Code, or section 3 of the Explosive Substances
(Illegal Use and Possession) Act, or section 34 of the
Firearms Act, 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.

11. (1) The list of extradition crimes in the
Extradition Act shall be deemed to include any offence
under this Part and (so far as not included in that list by
virtue of the foregoing) any attempt to commit such an
offence.

(2) Subject to sections 19(1) and 25(2), where the
Extradition Act does not apply in the case of any foreign
State which is a party to the Convention, an order
providing for the Extradition Act to apply in the case of
that State may be made with like effect and subject to like
terms and conditions as if authorised by section 4 of that
Act and, for the purposes of any such order, the
Convention shall be treated as an arrangement such as
mentioned in that section:

Provided that where the Extradition Act applies by
virtue of an order under this subsection, no such
application shall relate to any extradition crimes within the
meaning of the Extradition Act except offences under this
Part and attempts to commit such offences.

(3) In this section “the Convention” means the
Convention for the Suppression of Unlawful Seizure of
Aircraft signed at The Hague on 16th December, 1970.

PART IV
PROVISIONS GIVING EFFECT TO THE

MONTREAL CONVENTION
12. (1) In this Part —
“act of violence” means —
(a) any act done in The Bahamas —

(i) which constitutes the offence of murder,
attempted murder, manslaughter, or an
assault or an offence under sections 269,
270, 272, 273, 274, 275 or 276 of the
Penal Code or section 34 of the Firearms
Act; or

Ch. 84.
Ch. 216.
Ch. 213.

Extradition for
hijacking.
Ch. 96.

Ch. 96.

Interpretation of
Part IV.

Ch. 84.
Ch. 213.

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(ii) whereby an explosion of a nature likely to
endanger life, or to cause serious injury to
property, is maliciously caused by means
of any explosive substance, whether or not
any injury to person or property is actually
caused; or

(b) any act done outside The Bahamas which, if
done in The Bahamas, would constitute an act of
violence within the meaning assigned to that
expression by paragraph (a);

“article” includes any substance, whether in solid or
liquid form or in the form of a gas or vapour;

“explosive substance” includes any materials or
apparatus for making any explosive substance,
any apparatus, machine, implement or article or
materials used, or intended to be used, or
adapted for causing or aiding in causing, any
explosion in or with any explosive substance
and any part of any such apparatus, machine or
implement;

“property” includes any land, buildings or works, any
aircraft or vehicle and any baggage, cargo or
other article of any description;

“unlawfully” —
(a) in relation to the commission of an act in The

Bahamas, means so as (apart from the provisions
of this Part) to constitute an offence under the
law of The Bahamas;

(b) in relation to the commission of an act outside
The Bahamas, means so that the commission of
the act would (apart from the provisions of this
Part) have been an offence under the law of The
Bahamas if it had been committed in The
Bahamas.

(2) The provisions of section 9(4) shall apply in
relation to this Part as they apply in relation to Part III.

(3) For the purposes of this Part, an aircraft shall be
taken to be in service during the whole of the period which
begins with the pre-flight preparation of the aircraft for a
flight and ends twenty-four hours after the aircraft lands
upon completion of that flight, and also at any time (not
falling within that period) while the aircraft is in flight.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

13. (1) It shall, subject to subsection (4), be an
offence for any person unlawfully and intentionally —

(a) to destroy an aircraft in service or so to damage
an aircraft in service as to render it incapable of
flight or as to be likely to endanger its safety in
flight; or

(b) to commit on board an aircraft in flight any act
of violence which is likely to endanger the
safety of the aircraft.

(2) It shall also, subject to subsection (4), be an
offence for any person unlawfully and intentionally to
place, or cause to be placed, on an aircraft in service 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 its safety in flight, 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 aiding, abetting, counselling or
procuring, the commission of such an offence.

(3) Except as provided by subsection (4),
subsections (1) and (2) apply whether any such act as is
therein mentioned is committed in The Bahamas or
elsewhere, whatever the nationality of the person
committing the act and whatever the State in which the
aircraft is registered.

(4) Subsections (1) and (2) do not apply to any act
committed in relation to any service aircraft unless —

(a) the act is committed in The Bahamas; or
(b) where the act is committed outside The

Bahamas, the person committing it is a citizen of
The Bahamas.

14. (1) It shall, subject to subsections (5) and (6), be
an offence for any person unlawfully and intentionally to
destroy or damage any property to which this subsection
applies, or to interfere with the operation of any such
property, where the destruction, damage or interference is
likely to endanger the safety of aircraft in flight.

(2) Subsection (1) applies to any property used for
the provision of air navigation facilities, including any
land, building or ship so used, and including any apparatus
or equipment so used, whether it is on board an aircraft or
elsewhere.

Destroying,
damaging or
endangering
safety of aircraft.

Other acts
endangering or
likely to
endanger
aircraft.

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(3) It shall also, subject to subsections (4) and (5),
be an offence for any person intentionally to communicate
any information which is false, misleading or deceptive in
a material particular, where the communication of the
information endangers the safety of an aircraft in flight or
is likely to endanger the safety of aircraft in flight.

(4) It shall be a defence for a person charged with
an offence under subsection (3) to prove that, when he
communicated the information —

(a) he believed and had reasonable grounds for
believing, the information to be true; or

(b) he was lawfully employed to perform duties
which consisted of or included the
communication of information and that he
communicated the information in good faith in
the performance of those duties.

(5) Subsections (1) and (3) do not apply to the
commission of any act unless either the act is committed in
The Bahamas or, where it is committed outside The
Bahamas —

(a) the person committing it is a citizen of The
Bahamas; or

(b) the commission of the act endangers or is likely
to endanger the safety in flight of a civil aircraft
registered in The Bahamas or demised or hired
out to a person whose principal place of
business, or (if he has no place of business)
whose permanent residence, is in The Bahamas;
or

(c) the act is committed on board a civil aircraft
referred to in paragraph (b); or

(d) the act is committed on board a civil aircraft
which lands in The Bahamas with the person
who committed the act still on board.

(6) Subsection (1) also does not apply to any act
committed outside The Bahamas and so committed in
relation to property which is situated outside The Bahamas
and is not used for the provision of air navigation facilities
in connection with international air navigation, unless the
person committing the act is a citizen of The Bahamas.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(7) In this section “civil aircraft” means any aircraft,
other than a service aircraft.

15. (1) It shall be an offence for any person in The
Bahamas to induce or assist the commission outside The
Bahamas of any act which —

(a) would, but for section 13(4) be an offence under
section 13; or

(b) would, but for subsection (5) or (6) of section
14, be an offence under section 14.

(2) Subsection (1) shall, in relation to any offence
under section 13 or 14, have effect without prejudice to the
provisions of sections 85 and 328 of the Penal Code.

16. (1) Any person who commits an offence under
this Part shall be liable on conviction on information to
imprisonment for life.

(2) Section 9(5) shall apply in relation to any
offence under section 13 or 14, being an offence
committed outside The Bahamas, as it applies in relation to
any offence of hijacking committed outside The Bahamas.

17. (1) The list of extradition crimes in the
Extradition Act shall be deemed to include any offence
under this Part and (so far as not included in that list by
virtue of the foregoing) any attempt to commit such an
offence.

(2) Subject to sections 19(1) and 25(2), where the
Extradition Act does not apply in the case of any foreign
State which is a party to the Convention, an order
providing for the Extradition Act to apply in the case of
that State may be made with like effect and subject to like
terms and conditions as if authorised by section 4 of that
Act and, for the purposes of any such order, the
Convention shall be treated as an arrangement such as
mentioned in that section:

Provided that where the Extradition Act applies by
virtue of an order under this subsection, no such
application shall relate to any extradition crimes within the
meaning of the Extradition Act except offences under this
Part or attempts to commit such offences.

(3) In this section “the Convention” means the
Convention for the Suppression of Unlawful Acts against
the Safety of Civil Aviation signed at Montreal on 23rd
September, 1971.

Inducing or
assisting
commission of
acts excepted
from sections 13
and 14.

Penalties and
jurisdiction.

Extradition for
offences under
this Part.
Ch. 96.

Ch. 96.

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[CH.285 – 17



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

18. Nothing in the provisions of sections 13, 14 and
15 —

(a) confers a right of action in any civil proceedings
in respect of any contravention of this Part; or

(b) derogates from any right of action or other remedy
(whether civil or criminal) in proceedings
instituted otherwise than under this Part.

PART V
GENERAL

19. (1) All authority for the making of orders under
sections 11 and 17 shall be vested in the Minister charged
with responsibility for Foreign Affairs.

(2) For the purposes of the Extradition Act, any act
(wherever committed) —

(a) which is an offence under Part III or IV, or an
attempt to commit such an offence, or would be
such an offence or attempt but for section 9(2)
or section 13(4) or subsection (5) or (6) or
section 14; and

(b) which is an offence against the law of any
foreign State in the case of which the Extradition
Act applies,

shall be deemed to be an offence committed within the
jurisdiction of that State.

20. If the Minister by order declares —
(a) that any two or more States named in the order

have established an organization or agency
which operates aircraft; and

(b) that one of those States has been designated to
exercise the powers of the State of registration,
or to be considered as the State thereof, in
relation to all or any aircraft so operated,

then, for the purposes of such provisions of this Act as the
order shall prescribe, the State declared under paragraph
(b) shall be deemed to be the State in which all aircraft so
operated, or (as the case may be) any such aircraft
specified in the order, are registered.

No conferment of
civil remedy
under this Part;
Saving.

Extradition.

Ch. 96.

Aircraft operated
by joint or
international
organization.

CH.285 – 18] PROTECTION OF AVIATION (TOKYO, HAGUE AND
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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

21. (1) A certificate of the Minister stating whether
or not —

(a) an aircraft is or was at any time a service
aircraft;

(b) an aircraft is one to the exclusive use of which
the Government is or was, at any time, entitled;

(c) military service is the service in reference to
which an aircraft is or was at any time a service
aircraft,

for the purposes of any provisions of this Act, shall be
conclusive evidence of the matter so certified.

(2) Any document purporting to be such a
certificate as is mentioned in subsection (1) shall he
deemed to be such a certificate, unless the contrary is
proved.

22. (1) No proceedings for any offence under Part
III or IV shall be instituted except by or with the consent of
the Attorney-General.

(2) Nothing in subsection (1) or in section 4(2) 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) For the purposes of Parts III, IV and of this Part,
the territorial sea of, and archipelagic waters adjacent to,
The Bahamas shall be treated as included in The Bahamas.

23. Where a peace officer has reasonable cause to
suspect that a person about to embark on an aircraft in The
Bahamas, or a person on board such an aircraft, intends to
commit an offence under PART III or IV in relation to the
aircraft, the peace officer may prohibit him from travelling
on board the aircraft; and for the purpose of enforcing such
prohibition may —

(a) prevent him from embarking on the aircraft, or
as the case may be, remove him from the
aircraft;

(b) arrest him without warrant and detain him for so
long as may be necessary for that purpose.

24. For the avoidance of doubt, it is hereby declared
that for the purposes of any proceedings before any court
in The Bahamas in respect of piracy, the provisions set out
in the Schedule, being provisions of the Convention on the
High Seas signed at Geneva on the 29th April, 1958, shall


Minister’s
certificate as to
use of aircraft.

Prosecution of
offence.

Powers
exercisable on
suspicion of
intended offence.

Piracy.

Schedule.

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be treated as constituting part of the law of nations; and
any such court having jurisdiction in respect of piracy
committed on the high seas shall have jurisdiction in
respect of piracy committed by or against an aircraft
wherever that piracy is committed.

25. (1) The provisions of the Tokyo Convention
Act, 1967 and of the Hijacking Act, 1971 of the United
Kingdom as applied to The Bahamas by the Tokyo
Convention Act, 1967 (Overseas Territories) Order, 1968
and the Hijacking Act, 1971 (Overseas Territories) Order,
1971, respectively, are hereby repealed.

(2) Notwithstanding the repeal of the provisions
effected by subsection (1) all laws made under the repealed
provisions or the Extradition Act for the purpose of the
carrying out of the repealed provisions in their application
to The Bahamas and having effect therein at the
commencement of this Act shall, in so far as such laws are
not inconsistent with this Act, or like provision made by or
under this Act, continue to have effect as if references in
those laws to the repealed provisions were references to the
respective provisions of this Act subject to such
modifications, adaptations, qualifications and exceptions as
may be necessary for the purpose.

SCHEDULE (Section 24)

PROVISIONS OF GENEVA CONVENTION ON THE HIGH
SEAS TO BE TREATED 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, committed for 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 persons or property on board such ship or
aircraft;

(b) Against a ship, aircraft, persons or property in a place
outside the jurisdiction of any State;

(2) Any act of voluntary participation in the operation of a ship
or of an aircraft with knowledge of facts making it a pirate
ship or aircraft;

Repeal.

Ch. 96.

CH.285 – 20] PROTECTION OF AVIATION (TOKYO, HAGUE AND
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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) Any act of inciting or of intentionally facilitating an act
described in subparagraph (1) or subparagraph (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 taken control 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 by the persons in dominant control to be used for the
purpose of committing one of the acts referred to in article 15.
The same applies if the ship or aircraft has been used to commit
any such act, so long as it remains under the control of the
persons guilty of that act.