Extradition Act, 1965 (Part II)(No. 9) Order, 1975.

• Jurisdiction: Ireland
• Citation: IR SI 334/1975
• Year: 1975

S.I. No. 334 of 1975.

EXTRADITION ACT, 1965 (PART II)(NO. 9) ORDER, 1975.

WHEREAS by the Convention for the Suppression of Unlawful Seizure of Aircraft (the terms of which are set out in the Second Schedule hereto) done at The Hague on the 16th day of December, 1970, 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 offence specified in Article 1 of the Convention;

AND WHEREAS the Convention was acceded to on behalf of Ireland on the 24th day of November, 1973;

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. 9) Order, 1975.

(2) The Extradition Act, 1965 (Part II) Orders, 1966 to 1971, and this Order may be cited together as the Extradition Act, 1965 (Part II) Orders, 1966 to 1975.

(3) This Order shall come into operation on the 24th day of December, 1975. 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, Barbados, Belgium, Brazil, People's Republic of Bulgaria, Byelorussian Soviet Socialist Republic, Canada, Chad, Chile, China, Columbia, Costa Rica, Czechoslovak Socialist Republic, Dahomey, Ecuador, Egypt, Fiji, France, Gabon, German Democratic Republic, Federal Republic of Germany, Ghana, Guyana, Hungarian People's Republic, Iceland, Iran Iraq, Ivory Coast, Japan, Jordan, Republic of Korea, Lebanon, Malawi, Mali, Mexico, Mongolian People's Republic, New Zealand, Nicaragua, Niger, Nigeria, Pakistan, Panama, Paraguay, Philippines, Polish People's Republic, Portugal, Socialist Republic of Romania, Saudi Arabia, Sierra Leone, South Africa, Spain, Trinidad and Tobago, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United States of America, Republic of VietNam, Yugoslavia.

SECOND SCHEDULE

THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT.

THE STATES Parties to this Convention

CONSIDERING that unlawful acts of seizure or exercise of control of aircraft in flight jeopardise 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 occurence 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

Any person who on board an aircraft in flight:

( a ) unlawfully, by force or threat thereof, or by any other form of intimidation, seizes, or exercises control of, that aircraft, or attempts to perform any such act, or

( b ) is an accomplice of a person who performs or attempts to perform any such act

commits an offence (hereinafter referred to as "the offence").

Article 2

Each Contracting State undertakes to make the offence punishable by severe penalties.

Article 3

1. For the purposes of this Convention, 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.

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

3. This Convention shall apply only if the place of take-off or the place of actual landing of the aircraft on board which the offence is committed is situated outside the territory of the State of registration of that aircraft; it shall be immaterial whether the aircraft is engaged in an international or domestic flight.

4. In the cases mentioned in Article 5, this Convention shall not apply if the place of take-off and the place of actual landing of the aircraft on board which the offence is committed are situated within the territory of the same State where that State is one of those referred to in that...