Hijacking
LAWS OF TRINIDAD AND TOBAGO

Act
3 of 1978

Amended by
36 of 1985

L.R.O.

HIJACKING ACT

CHAPTER 11:22

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–7 ..

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

2 Chap. 11:22 Hijacking

Note on Subsidiary Legislation

This Chapter contains no subsidiary legislation.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Hijacking Chap. 11:22 3

CHAPTER 11:22

HIJACKING ACT

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.
2. Interpretation.
3. Hijacking.
4. Violence against passengers or crews.
5. Extradition.
6. Aircraft operated by joint air transport organisation or agency.
7. Prosecution of offences.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

4 Chap. 11:22 Hijacking

CHAPTER 11:22

HIJACKING ACT

An Act to give effect to the Convention for the Suppression of
Unlawful Seizure of Aircraft; and for connected purposes.

[7TH MAY 1978]

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

2. In this Act—
“operator”, in relation to an aircraft at any time, means the person

who at that time has the management of that aircraft;
“Convention” means the Convention for the Suppression of

Unlawful Seizure of Aircraft done at The Hague on
16th December 1970;

“Trinidad and Tobago controlled aircraft” means an aircraft
which—

(a) is registered in Trinidad and Tobago;
(b) is not 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 Trinidad and Tobago; and

(ii) resides or has his principal place of business
in Trinidad and Tobago; or

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

3. (1) Subject to subsection (2), a person on board an aircraft
in flight who unlawfully, by the use of force or threats of any kind,
seizes the aircraft or exercises control of it commits the offence of

3 of 1978.

Commencement.
65/1978.

Short title.

Interpretation.

Hijacking.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Hijacking Chap. 11:22 5

hijacking, whatever his nationality, whatever the State in which
the aircraft is registered and whether the aircraft is in Trinidad and
Tobago or elsewhere.

(2) Subsection (1) does not apply 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,

unless—
(i) the act is committed in Trinidad and

Tobago; or
(ii) the aircraft is a Trinidad and Tobago

controlled aircraft or is used in the
military, Customs or police service of
Trinidad and Tobago.

(3) A person who—
(a) commits the offence of hijacking; or
(b) in Trinidad and Tobago induces or assists the

commission of an act elsewhere which, but for
subsection (2), would be the offence of hijacking,

is liable on conviction on indictment to imprisonment for life.
(4) For the purposes of this section—

(a) the period during which an aircraft is in flight
includes—

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

(ii) if the aircraft makes a forced landing, any
period until the time when 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 the aircraft;

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

6 Chap. 11:22 Hijacking

(b) the territorial waters of any State shall be treated
as part of its territory.

(5) In this section “military service” includes naval and
air force service.

4. Without prejudice to section 3 of the Civil Aviation (Tokyo
Convention) Act, where a person (of whatever nationality) does
on board any aircraft (wherever registered) and while outside
Trinidad and Tobago any act which, if done in Trinidad and Tobago,
would constitute an offence of murder, manslaughter, culpable
homicide or assault or an offence under section 12, 14, 15, 16, 17,
18, 22 or 23 of the Offences Against the Person Act, his act
constitutes that offence if it is done in connection with the offence
of hijacking committed or attempted by him on board that aircraft.

5. (1) There shall be deemed to be included in the list of
extraditable offences contained in the First Schedule to the
Extradition (Commonwealth and Foreign Territories) Act any
offence under this Act.

(2) Where no such treaty as is mentioned in section 4 of
the said Extradition (Commonwealth and Foreign Territories) Act
has been made with a State which is a party to the Convention, an
Order of the Attorney General applying that Act may be made
under that section as if the Convention were such a treaty with that
State; but where that Act is so applied it shall have effect as if the
only extraditable offences within the meaning of that Act were
offences under this Act and attempts to commit such offences.

(3) For the purposes of the said Extradition
(Commonwealth and Foreign Territories) Act, any act, wherever
committed, which—

(a) is an offence under this Act or would be such an
offence but for section 3(2); and

(b) is an offence against the law of any State in the
case of which that Act has been applied by an
Order under section 4 thereof,

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

Violence against
passengers or
crews.
Ch. 11:21.

Ch. 11:08.

Extradition.
[36 of 1985].

Ch. 12:04.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Hijacking Chap. 11:22 7

Aircraft
operated by
joint air
transport
organisation or
agency.

Prosecution of
offences.

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

have established a joint air transport organisation
or an international operating 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) is deemed for the purposes
of this Act to be the State in which any aircraft so operated is
registered; but in relation to such aircraft section 3(2)(b) has effect
as if it referred to the territory of any one of the States named in
the Order.

7. (1) Proceedings for an offence under this Act shall not be
instituted except by or with the consent of the Director of Public
Prosecutions.

(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.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt