The Extradition (Tokyo Convention) Order 1997

Made: 22nd July 1997

Laid before Parliament: 1st August 1997

Coming into force: 1st September 1997

At the Court at Buckingham Palace, the 22nd day of July 1997 Present, The Queen’s Most Excellent Majesty in Council

Offences committed on aircraft registered in a Contracting State shall be treated, for the purpose of extradition, as if they had been committed not only in the place in which they have occurred but also in the territory of the State of registration of the aircraft.

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 4(1), 22(3) and 37(3) of the Extradition Act 1989, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1

This Order may be cited as the Extradition (Tokyo Convention) Order 1997, and shall come into force on 1st September 1997.

2

• (1) Schedule 2 to this Order specifies in the first column foreign States which are Parties to the Convention and with which extradition treaties (and relevant Orders in Council under section 2 of the Extradition Act 1870) are for the time being in force, in the second column the dates of those treaties, and in the third column those Orders in Council; and

• (2) Schedule 1 to the Extradition Act 1989[^f00005] shall apply in the case of a State specified in the first column (being a foreign State which is a Party to the Convention) in accordance with the extradition treaty whose date is specified in the corresponding entry in the second column, as supplemented by paragraph 1 of Article 16 of the Convention; and the Order in Council which gives effect to that extradition treaty shall be construed accordingly.

3

The Extradition Act 1989, so far as it relates to extradition procedures under Part III of that Act, shall apply in the case of a State specified in Part I of Schedule 3 to this Order (being a State in respect of which the Convention is in force) subject to the limitations, restrictions, exceptions and qualifications contained in Part II of that Schedule.

4

The following Orders are hereby revoked—

• The Extradition (Tokyo Convention) Order 1971[^f00006];

• The Extradition (Tokyo Convention) (Amendment) Order 1982[^f00007];

• The Extradition (Tokyo Convention) (Amendment) Order 1985[^f00008];

• The Extradition (Tokyo Convention) (Amendment) Order 1986[^f00009].

5

This Order extends only to the United Kingdom, the Channel Islands and the Isle of Man, and to the territories specified in Schedule 4 to this Order.

SCHEDULE 1 — The Convention

TOKYO CONVENTION ON OFFENCES AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT

The States Parties to this Convention,

Have agreed as follows:

CHAPTER I — SCOPE OF THE CONVENTION

Article 1

1

This Convention shall apply in respect of:

• (a) offences against penal law;

• (b) acts which, whether or not they are offences, may or do jeopardize the safety of the aircraft or of persons or property therein or which jeopardize good order and discipline on board.

2

Except as provided in Chapter III, this Convention shall apply in respect of offences committed or acts done by a person on board any aircraft registered in a Contracting State, while that aircraft is in flight or on the surface or the high seas or of any other area outside the territory of any State.

3

For the purposes of this Convention, an aircraft is considered to be in flight from the moment when the power is applied for the purpose of take-off until the moment when the landing run ends.

4

This Convention shall not apply to aircraft used in military, customs or police services.

Article 2

Without prejudice to the provisions of Article 4 and except when the safety of the aircraft or of persons or property on board so requires, no provision of this Convention shall be interpreted as authorizing or requiring any action in respect of offences against penal laws of a political nature or those based on racial or religious discrimination.

CHAPTER II — JURISDICTION

Article 3

Article 4

CHAPTER III — POWERS OF THE AIRCRAFT COMMANDER

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

For actions taken in accordance with this Convention, neither the aircraft commander, any other member of the crew, any passenger, the owner or operator of the aircraft, nor the person on whose behalf the flight was performed shall be held responsible in any proceeding on account of the treatment undergone by the person against whom the actions were taken.

CHAPTER IV — UNLAWFUL SEIZURE OF AIRCRAFT

Article 11

CHAPTER V — POWERS AND DUTIES OF STATES

Article 12

Any Contracting State shall allow the commander of an aircraft registered in another Contracting State to disembark any person pursuant to Article 8, paragraph 1.

Article 13

5

When a State, pursuant to this Article, has taken a person into custody, it shall immediately notify the state of registration of the aircraft and the State of nationality of the detained person and, if it considers it advisable, any other interested State of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary enquiry contemplated in paragraph 4 of this article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.

Article 14

Article 15

CHAPTER VI — OTHER PROVISIONS

Article 16

Article 17

In taking any measures for investigation or arrest or otherwise exercising jurisdiction in connection with any offence committed on board an aircraft the Contracting States shall pay due regard to the safety and other interests of air navigation and shall so act as to avoid unnecessary delay of the aircraft, passengers, crew or cargo.

Article 18

If Contracting States establish joint air transport operating organizations or international operating agencies, which operate aircraft not registered in any one State, those States shall, according to the circumstances of the case, designate the State among them which, for the purposes of this Convention, shall be considered as the State of registration and shall give notice thereof to the International Civil Aviation Organization which shall communicate the notice to all States Parties to this Convention.

CHAPTER VII — FINAL CLAUSES

Article 19

Until the date on which this Convention comes into force in accordance with the provisions of Article 21, it shall remain open for signature on behalf of any State which at that date is a Member of the United Nations or of any of the Specialized Agencies.

Article 20

Article 21

Article 22

Article 23

Article 24

Article 25

Except as provided in Article 24 no reservation may be made to this Convention.

Article 26

The International Civil Aviation Organization shall give notice to all State Members of the United Nations or of any of the Specialized Agencies:

• (a) of any signature of this Convention and the date thereof;

• (b) of the deposit of any instrument of ratification or accession and the date thereof;

• (c) of the date on which this Convention comes into force in accordance with Article 21, paragraph 1;

• (d) of the receipt of any notification of denunciation and the date thereof; and

• (e) of the receipt of any declaration or notification made under Article 24 and the date thereof.

In witness whereof the undersigned Plenipotentiaries, being duly authorized, have signed this Convention.

Done at Tokyo, on the fourteenth day of September, One Thousand Nine Hundred and Sixty-three, in three authentic texts drawn up in the English, French, and Spanish languages.

This Convention shall be deposited with the International Civil Aviation Organization with which, in accordance with Article 19, it shall remain open for signature and the said Organization shall send certified copies thereof to all States Members of the United Nations and of any Specialized Agency.

SCHEDULE 2 — FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND IN RELATION TO WHICH ORDERS IN COUNCIL UNDER SECTION 2 OF THE EXTRADITION ACT 1870 ARE IN FORCE

SCHEDULE 3

PART I — FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND WITH WHICH NO EXTRADITION TREATIES ARE IN FORCE

PART II — APPLICATION OF THE EXTRADITION ACT 1989 IN THE CASE OF A STATE MENTIONED IN PART I

1

The Extradition Act 1989[^f00010] shall have effect in relation to a State specified in Part I of this Schedule only in respect of—

• (a) a relevant offence specified in section 22(4)(a) of that Act;

• (b) an attempt to commit such an offence;

• (c) counselling, procuring, commanding, aiding or abetting such an offence;

• (d) being an accessory before or after the fact to such an offence.

2

No proceedings shall be taken on an application for a provisional warrant to be issued under section 8(1)(b) of the 1989 Act, and no such warrant shall be issued, unless the application is made with the consent of the Secretary of State signified by an Order in the form set out in Part III of this Schedule or in a form to the like effect; but except as aforesaid the signification of consent shall not affect the provisions of the said section 8.

PART III

FORM OF CONSENT OF SECRETARY OF STATE TO APPLICATION FOR A PROVISIONAL WARRANT

SCHEDULE 4 — TERRITORIES TO WHICH THIS ORDER EXTENDS

• Anguilla

• Bermuda

• British Antarctic Territory

• British Indian Ocean Territory

• British Virgin Islands

• Cayman Islands

• Falkland Islands and Dependencies

• Gibraltar

• Montserrat

• Pitcairn, Henderson, Ducie and Oeno Islands

• St. Helena and Dependencies

• Sovereign Base Areas of Akrotiri and Dhekelia

• Turks and Caicos Islands

Signed

N. H. Nicholls — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order applies the Extradition Act 1989 (c. 33) so as to make extraditable offences under section 1 of the Tokyo Convention Act 1967 (c. 52) (offences on board aircraft), attempts to commit such offences and participation in the commission of such offences. It applies to certain States, Parties to the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16th December 1970.

Footnotes

[^f00001]: 1967 c. 52.

[^f00002]: 1870 c. 52; the Act was repealed by the Extradition Act 1989 with the savings set out in section 37 of that Act. For the purpose of those savings the Act has to be read with section 22(1) of the Criminal Justice (International Co-operation) Act 1990 (c. 5).

[^f00003]: 1989 c. 33.

[^f00004]: 1870 c. 52. Sections 17 and 22 of the Extradition Act 1870 are applied to section 2(1) of the Tokyo Convention Act 1967 (c. 52) by subsection (1) of that section.

[^f00005]: Paragraph 15 of Schedule 1 was amended by section 22 of the Criminal Justice (International Co-operation) Act 1990 (c. 5).

[^f00006]: S.I. 1971/2103.

[^f00007]: S.I. 1982/149.

[^f00008]: S.I. 1985/1993.

[^f00009]: S.I. 1986/2016.

[^f00010]: 1989 c. 33.