Extradition Act, 1965 (Part II) (No. 10) Order, 1976.

• Jurisdiction: Ireland

S.I. No. 251 of 1976.

EXTRADITION ACT, 1965 (PART II) (No. 10) ORDER, 1976.

WHEREAS by the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (the terms of which are set out in the Second Schedule hereto) done at Montreal on the 23rd day of September, 1971, an arrangement was made with the other countries who are parties to the Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 1 of the Convention:

AND WHEREAS the Convention was acceded to on behalf of Ireland on the 12th day of October, 1976:

AND WHEREAS the Convention has been ratified or acceded to on behalf of the countries set out in the First Schedule hereto and it is intended, accordingly, to apply Part II of the Extradition Act, 1965, in relation to those countries:

NOW, the Government, in exercise of the power conferred on them by section 8 (1) of the Extradition Act, 1965 (No. 17 of 1965), hereby order as follows: 1. (1) This Order may be cited as the Extradition Act, 1965 (Part II) (No. 10) Order, 1976.

(2) The Extradition Act, 1965 (Part II) Orders, 1966 to 1975, and this Order may be cited together as the Extradition Act, 1965 (Part II) Orders, 1966 to 1976.

(3) This Order shall come into operation on the 11th day of November, 1976. 2. Part II of the Extradition Act, 1965, shall apply in relation to the countries set out in the First Schedule hereto.

FIRST SCHEDULE.

Argentina, Australia, Belgium, Brazil, Bulgaria, Byelorussian SSR, Cameroon, Canada, Chad, Chile, Republic of China, Colombia, Costa Rica, Czechoslovak Socialist Republic, Dominican Republic, Arab Republic of Egypt, Fiji, France, Gabon, German Democratic Republic, Ghana, Guyana, Hungary, Iceland, Iran, Iraq, Ivory Coast, Japan, Jordan, Republic of Korea, Libyan Arab Republic, Malawi, Mali, Mexico, Mongolia, Morocco, New Zealand, Nicaragua, Niger, Nigeria, Pakistan, Panama, Papua New Guinea, Paraguay, Philippines, Poland, Portugal, Rumania, Saudi Arabia, South Africa, Spain, Trinidad and Tobago, Ukrainian SSR, Union of Soviet Socialist Republics, United States of America, Yugoslavia.

SECOND SCHEDULE.

Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation.

THE STATES Parties to this Convention

CONSIDERING that unlawful acts against the safety of civil aviation jeopardize the safety of persons and property, seriously affect the operation of air services, and undermine the confidence of the peoples of the world in the safety of civil aviation;

CONSIDERING that the occurrence of such acts is a matter of grave concern;

CONSIDERING that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measures for punishment of offenders;

HAVE AGREED as follows:

Article 1.

1. Any person commits an offence if he unlawfully and intentionally:

( a ) performs an act of violence against a person on board an aircraft in flight if that act is likely to endanger the safety of that aircraft; or

( b ) destroys an aircraft in service or causes damage to such an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight; or

( c ) places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft, or to cause damage to it which renders it incapable of flight, or to cause damage to it which is likely to endanger its safety in flight; or

( d ) destroys or damages air navigation facilities or interferes with their operation, if any such act is likely to endanger the safety of aircraft in flight; or

( e ) communicates information which he knows to be false, thereby endangering the safety of an aircraft in flight.

2. Any person also commits an offence if he:

( a ) attempts to commit any of the offences mentioned in paragraph 1 of this Article; or

( b ) is an accomplice of a person who commits or attempts to commit any such offence.

Article 2.

For the purposes of this Convention:

( a ) an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation; in the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board;

( b ) an aircraft is considered to be in service from the beginning of the preflight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing; the period of service shall, in any event, extend for the entire period during which the aircraft is in flight as defined in paragraph (a) of this Article.

Article 3.

Each Contracting State undertakes to make the offences mentioned in Article 1 punishable by severe penalties.

Article 4.

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

2. In the cases contemplated in subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall apply, irrespective of whether the aircraft is engaged in an international or domestic flight, only if:

( a ) the place of take-off or landing, actual or intended, of the aircraft is situated outside the territory...