XX tal-1991

TIlt: CIVil. AVIATION (S EClJ1UTY) ACT . 199 1

,\ITIIngmH'nts ofStclions

PA RT 1

Pnlimin,...,.

Shor11;111

In1erprc:1alion

PART I(

1'ro.'lskms 1I1>'lnll effect 10 I"" Tokyo Com'e ntlon ( I %3)

Inu:rprelationo[ I' arl l l

Application of criminal la w 10 offences on aircraft

4. Jurisdiction

Pow~rs of Ille aircraf1 commander

Pmvisions ancillury 10 powers under ~ct ion 6

Juri)diclion ofCon,'emian C(luntnes for e.m.dition purposes

Pro"bion~ ~~ H)evidcnce in connccrioll with Aircraft

Exempl ion from liahilil~ for acts Hgainst offende.,; unde r (his Part

PART III

1''''''''isions Ili"inl( effect to ' '''' " "Il .... Con.entlon I 1970)

11. Imerpretation "' ij a<:k in~

12.

Oispotizzionijiel dwar Kiehda rkonnes:;;joni ma' aj ruplani

E.tcnzjoni minn responsabbiltl glial alii kont ra haljin lalll din il-Taqsima.

TAOSIMA ID

Oispoiiu,Jonijlel rr jagblu ~bll IlII-Konvenzjuni ta' Tht Hague (1970)

11 . Tifs;r

~hif t a ' ajruplani

12.

I'unishmenl for hijacking

Punbhmcm of "iolen« connected with hija~kin~

Gurisdizz;oni

15.

JurisdiC1ion

I'ro"j,jorl') a, 10 ulradilion

Dispoiizzjonijiel dwareslradizzjoni

Conlr.tc1inl' l'art'c' hi Con'ent,nn

~16

"ART IV

Prorisions clvlng rif«t to IM MontruJ Con.~ntion (1971)

and IM MontrraJ Protocol (1988)

Interpretation

18.

Offence of committing vio lence on board un aircra ft in night. ctc.

DestruC1ion of. ordamagc to . air na\igation faci litin

21. JuriMiicfion

GUrisdin:joni

Provisions as to 8madilion

Contracting p<1nies to Convention

GENERAL

Aircraft operated by joint or international orpniun ion

Regulations

Protection of action ta~ c n in good faith

26.

A uthorisation for the Ratification of these Conventions.

I l.S. ~

t£NSU T "1101'£

President

9th August. 1991

ACT No. XX 0( 1991

AN A CTIO gi"I'I'f!«/ III /hl' Cml,wl';m. 0 " Of!fnus ~nd Cl'rtuin O/hl"

A rl$ Comm illtd 011 IJollrtl Aircraft/Tok yo. 1963 /: Ihe COIII'l'n riOIl

for Ilrl' SrlPfI'f5JiOIl of Unlawfr,1 Sei:!.llff of Aircraf, (The floglle.

1970/: ami rile CO"'·flllim. for r/' f Srlpprtuion of Un/~"'flll AclS

A gaill5l Ilrl' SafrlY of CM/ AdO/ioll IMom"al 1971/: ond Ilrt'

l'rol(}rollO flrt' MOIII'fO / COt'l"l'lIIio" (/98th

BE IT ENAc rED b~ the President. by and wi lh Ihe advice and

consent of the l'louse of R cprcscnt~livcs. in Ihis present Parliame nt

assembled. ami by the :. uthorit~ of the sa me . as follows:-

PART I

1'~l imln"y

'l11;s Act may be ci ted as the Civil A>iatioo (Serurity) Act .

1.

1991. In this Act. uuieSS lhe contl'~ t otheN·ise requilcs. the follo ..... ing r",.fPf<"'o';o".

2. expres~ions ha"e the following meanings respccll~ely. lital is to !o3y:-

··aircraf .. · mcans any aircraft. whether or not a Malt"",, ·

comrolled airemft. other than -

(a)

ami1itBryaircraft:or

(b) an aircra ft which. not being a military aircraft.

belongs to o r ;. c , el!>Si"cl) cmplo)'W in lhe "-"",, ice of the

Governme nt of Malta 'o, customs or police purposes

but the Minister ma)' by order. VI hkh may be: varied 01 revoked by a

)ubsequent order. pro"ide that an y of the p,ovi,juns of this Act

shall appl}' " 'ith or without modifications to Ilirera l! such as arc

mentioned in paragraph (b) of this definition;

"comm ander" in relation to an aircraft means the mcmocr of

thc crcw designated as commande r of that aircraft by the opemtor

thereof. or. failing such a person. the person who is for the t;111C

being thc pilol in command of the aircrafl;

Mllte Hague CQnvention~ means the Conve ntion for Ihe

SupprCMiol1ofUnlawful Seizureof Aircraft. done alllte Ibgueon

the 16th day of December. 1970;

"Mahese controlled aircraft" means al1 ai rcraft -

which is forthe time being «,gistercd in Malta: or

(3)

(b) ",hich is nol for the time being registered in any

country but in the Q5C of which either lhe opcnllOr of the

aircr .. rt or each person entitled as _ 'ner to any Icpl or bene-

ficial interest in it satisfies the following requirements .

namely -

(i) that he is a pel5Ol1 qWllirlCu to be the ()\\'ner of a

legal or beneficial interest in an airC'T3ft registered in

Malta; and

(ii) that he resides or has his principal place of

business in Maha; or

(c) which. bein g for the time being rcgi~tcrcu in somc

other country, is for lhe time being ehancrcd by demise or

leased without crew to a person who , or to persons each of

whom. satisfies the requirements aforesaid or leased whether

without Or with crew to an airline registered in Malta;

" Military aircraft" means an aircraft of the naval, miliH'ry or

air forc.:s of any country;

"M inister" me ans the Minister responsible (or justic.:;

" op<rator" in relation 10 any aircraft at any time means the

person who 31 that time has tile management of that aircraft ;

"pilot in command" in relation to an aircmft mealls a pc~n

who for the time being is in charge of the piloting of the aircraft

witoout being under the dirtttion of any other pilot in the aircmft

"police offICer" has the same meaning assigned to il by the

Malta Police Ordinance

" the Momreal Corwenlion" means the Convention for the

Suppression of Unlawful Acts Again'l the Safe ty of Ch'il A "iatioll,

done al Montreal on the 23rd day of September. 1971;

" tile Montreal Protocol" means the Protocol for the Sup-

pression of Ulllawful Acts of Violcllcc at Airports Serving Intcr·

n;tional Civil Aviation, Supplemcmary 10 lhe Montrcal Conven-

tion, which Protocol was signed 3t Montreal on tile 24th Fcbruary.

1988

" the Tokyo Convention "" meaos the Com'cntion on Offences

and Certain Other Acts Contmil1c<l on Boar<l A ircraft. done at

Tokyo on the 14th o f September, 1%3.

PART 11

Provlslons gJ.'ing df"ed: to the Tokyo Con...,ntion (1%3)

j . ( I) 10 this part, except whcrc the context othe""i", requires.

the fol towing e xpressions have the following meaoings respectively . that

iSlOsay -

"Convention country'" means a country in which the Tokyo

Convention is for the time being;n force: and the Minister may. by

orde r . ccrtif}' that any country specifie<l in the or<ler is for the time

beiog a Convention country, and any such order for the time being

in force which may be varied or revoked by a subsequent order.

shall be coneiusive evi<leoce that the country in question is for the

lime being a Convenlion counlry

"I mmigratioo Officer" has the same mean ing assigned to it by

,;cction 2 of thc Immigration Act and includes any public officer C.p.lll.

acting under ,uch authority

(2) For the purposes of this Part. the period during which an

aircraft;s in nighl shall be <leemed to include -

(a) any period from (he moment when power is appli ed for

the purpose of the aircraft taking off On a night until the momem

when the landing run ends: and

(b)

for thepul"p05Csofs.ection6 -

(i) any period from the moment when all external <loms

of Ihc aircraft arC closed following embarkation for a night

unt il the moment when any such <loor is opene<l for <lis-

embarkalion after that nighl: and

(ii) if the aircraft makes a forced landing. any period

thereafter un(i l Ihe time when a competent authority ta kes

o~er responsibility ror the aircraft and for the persons and

property on board the aircrafc and

(c) any period "'hen the aircraft . although on Ihe surface of

the sea or litnd, is not within the te rritoriatlimitsof any country.

0) In (h is Part . any reference 10 a country or (he territorial

limi ts thereof ind udcs a refe'rence to the (crritorial water'>. if any, of that

country.

4. ( \) Subject 10 $Ubscction (2). any act taking place on board

an y 1-.1ahesc: oon\rolled ai rcraft ... -hilt in niglll elsc:wllerc IlIan in or 0>'".

Mnlm and wllich. if Inking plae" in Malla. would e"n"iWIC nn offcnCt

under the law in force in Maha ~hall conslilule Ihal offen.cc .

(2 ) Su bseClion ( I) sh all 001 apply 10 any al'l .... lIicll ;So by or

under IlIe law in force in Maha. expressly or implied!y authorise d when

taking place outside Maha.

S. For the purpose of 5CC11on 5 of the Criminal Code, an offence

re ferred 10 in sub5edion ( \) of 5CC1ion 4 . shall ~ deemed 10 have ~e n

com mitted in Malla.

6. (I) If the commande r of nn ai rerafl in flight has reawnahlc

grounds to ~ I ieve in respcri of any person tllat the person in question

lIas CQfI1mi tt cd. or is aboul ' 0 o;ommi •• on board ,lie aircnaft any criminal

oHenet' or has done or is about 10 do any act ... ·hich jeopa rdizes or may

jeopa rdize -

(a)

.lIe safety of tile airCT1l f, or of persons or PfOlX'"y on

board IlIe aircra fl; or

good order bnd discipline on hoard lhe aircna ft.

(b)

,hen. subject 10 section 7. the rommanct... may lake " ';,11 respect to tllat

person such reasonable measures. including res.raint of hb pers.un. ~

mny be nc<:cssary -

(i) 10 protect the safely of the aircraft orof perwns or

property 00 board the aircraft : or

(ii) to maintain good order and discipli ne on board the

ai n:raft: or

(iii ) 10 en able the commander 10 deliver that person in

accordance wit ll seCTion 7.

(2) Where the commander of tile aircraft is entilled under

subsection (1) to restrain any person _

(a ) any memher o f the ~. of tile aircraft or any OIher

pe rson on board tile aircrnfl may -

(i) a, the request or ""ith the authority of ,he

commander. render assistance in eHecti ng the resl", ;n,

(iil wilhout obtaini ng the authority of the comm ander.

lake .... ilh respeet 10 any person on board tile aircraft any

measures such as are menl;o~d in $Ub:seeIion ( 1) ... ·hich he ha~

f<,a!iOnablc ground~ to be lie"e Drc immedialety necessary to

proleCT the sa fely of the aircmft or of persons or properly on

board the aircrdft: and

(b) any member of Ihe crew shall. if Ihe com mander 'SO

requires. render such assi>clafIC'C as Ihe commander may direct.

(3) Any member of Ihe Crew of an airernfl who wilfully and

wil hnl'1 reasonable cause fail!; In assisl lhe commander of the aircraft in

rest mining any person when so required shall be liable 10 a fi..., (mlt/la)

nOI exceeding five hundred Mall esc liri _

7. (t I Where a person is unde r reStrainl on an aircraft pursualll

10 scelion 6 the commander of the aircraft .hall a.!IOOn as practicable.

and if possible before landing in any rountry . notify the au lhorities in

Ih~ .. country of The facl ' ha t a person on board is under reslra inl and of

the reasons for such ,eS!fain!.

Any restrain! imposed on any person on board an aircraft

(2)

conferred by scelion 6 shall OOt be continued after Ihe time "'hen Ihe

air!;Taft firsl lhereaf,er cea')Cs to be in flight olhe r Ihan -

(a) for any period (including the period of any fu rt her flight)

belw!'!'n that time and the first occasion lhereafter on which the

commander is able " 'ilh any requisite CQn')Cnt of the appropriate

3U1 ho,ities 10 discmlxlrk or deli''Cr the pelWn under resl",illl in

accordance ,,-i1h sub!oCction (3): or

(b ) if Ihe person under rest raint agrees 10 conlinue his

journey under rt'!;1 rainl on board Ihal aircraft.

(3) The commande r ofan airernfl if in lhe case of any person

on bomd the aircrafl he has reasonable grounds-

tobelieve as mentioned in subsection (I )of section6; and

(a)

(b) 10 belie,-" t ha! it is necessary SO to do in order 10 proleCl

Ihe safe l ~' of the aircrafl or of persons or property on board th e

aircrafl o r to mainl3in good order and di,;cipline 00 board the ,

aircrafl.

may disembark Ihal person in any oountry in " 'hich that aircraft may be

I.nd. if convenient. deliver him 10 a pt:rson ha"ing the funclion of a

police officer or immigration officer

The commande r of all ai r~rDfI -

(4)

(a) if he: d;"embarks any peTloOn in pursuance of ,obseClion

(3). in the case of a ~ ' altese·eofltrolled aircraf'. in any coumry or. in

Ihe casc of any o,her ai.-.;raft. in Maha ... hall report ,he fact of. and

Ihe reason, for. Ihal disembarkulioo 10 ,he: aUlhoritieli in lhe

(oum,), of di,cmbarb,ion and ~h311 al>o r.-qu<"S1 lhe aUlhorilies 10

notify a diplomatic or ooosular reprt!oell<alive of lhe counlry of

nalionali ,y of Iha, pl'Non: or

(b) if he delive rs 'my perso" in pursuuntt of subsection (3),

shall at Ih~ time of delivery fumi>h to Ihe appropriale off.rer sueh

evidence and informa tion relaling 10 Ihe need 10 lake measura

agai nst Ihal person pu rsu311lto section 6. as al (he time of furnish ing

<Ire lawfully in his possc~>ion .

(5) An)' commander of an aircra ft ",.1>0 ", ilfully and w'thou t

n .. asonabk cause fails to comp ly with the req uireme nt ohubsection (4)

shall be li:.blc on conviction to H fine (mu/ill) of five hunrlred MllltCse lir;'

8. For !he purposes of! hi: applica!ion of the Extradi tion Act to

crimes C()mmined o n board an aircraft in nigh!. any aircraft registered in

"Conven!ion country may. at any time ",·hile that aircr~ft is in nigh l. be

deemed 10 be .... ifhin !Ile jurisdiction of fha! coonf ry '" hether or nol i. is

fo r the lime being al",,) with in the jurisdiction of any ot her country.

11. ( I) Where. in proceedings herore any oourt in M:'h ~ for an

offence CQmmi! lcd on board an aircr~ft . the e,·idence of any person is

req uired and fhe court is satisfied that such person cannot be found in

Mah a. Illere shall be admissibk in e,·idcnce before Iha, COUrt any

STatemenl re lating to the subjeCl·maner of those proceedings previously

made on oalh by Ihat person and which ",·as SO made -

(8) in IIIe prese nce of the person charged "" ;Ih lhe offence;

>od

(b) in any olher COlwention country TO an ofrlCer ha";ng

functions connponding to lhe functions. in Malta. cither of judge

or of a magistralC or of a consular officer.

(2) Any such deposi lion shall be autllcnlicaTed by thc signa-

ture of lhe judge. magiS1rllle or CQnsular officcr before whQm il was

made, and shall be cerTified by him 10 have been la ken in Ihe pre!'l)nce of

Ihe penan charged as aforesaid .

(3) [t shall nOl be necessary in any proceedings 10 prove lhe

signature or official character of Ihe person appearing 10 have au,henti ·

C"aled any deposil ion. or 10 have given such a ccnirlClle as aforesaid;

and such a ~e nilicale shall. UnlC$$llle conl rary is proved, be su fficient

evidence in any proceedings Ihal the penon charged as aforesaid was

present 31 the making of Ihe deposition.

10. The commander of an aircrafl. any olhermemher ofthecrc w.

any passenger. an~ owner or operator of an aircraff or an~ per5011 on

'" hose: behalf . nigh t is made who lakes action againsl an~ person in pur·

suanccQf this Pan shall beuempl from liability for an y measures taken

againstlhc offender in nccordance with This Pan whether the offender is

convicted Or nOI.

PART III

In Ihis Part, unless tile contelt otherwise requires~

11. "Convention country~ means a country in which The Hague

Convention is for the time being in force.

12. (1) Whoever on board an ai rcraft in night. unlawfully. by

force or threat of force or by any other form of intimidation. seizes or

exercises con trol of that aircraft . commits Ihe offence of hijacking of

such aircraft.

(2) For the PU ~$ of this S«Iion. an aircraft shall be

deemed to be in night It any time from lhe moment when all itseltcrnal

doors are closed following embarkation until the momenl when any

such door is opened for disembarkalion , Ii'd in the case of a forced land-

ing, Ihe night shall be deemed to continue "mlil the competent au-

thorilies of I~ OOlIntry in which such forttd landing takes place tak e

ove r the responsibility for t~ aircrafl al'd for persons and propcny on

board.

13. Whoever commit s the offclltt of hijacking shall be punished

wilh imprisonment for life.

(I) Whoever. being a person commi lling the offence of

14. hijacking of an aircraft. commi ts. in connection wilh such offence. any

act of viole nce against any passenger or member of the ercw of such

aircraft. shall be punished with Ihe same pubishment with wllieh he

would ha~e been puni,;hable under any law for Ihe time being in fDIU: in

Malta if such act lIad been committed in Malta.

(2) For lite purposes of wbscction (I) of this section any ael

of violence means any act ""hieh would t'Omlilule an offence under

sections 211. 212. 214. 216. 217, 218. 220 and 222 ofthe Criminal Code.

IS. (I) SUbj1X:\ 10 Ihe provisions of subsection (2) where an

offence undcr th is pari is committed outside Malta. the person

commilling such offence may be deall with in respeCI t hereof as if such

offence had been commi n cd in Malta.

(2) No court shall take cognizance of an offence puni~hable

unde r this Part and which is oommilted outside Malta unless ~

(a) ~uch olle nee iscommined on t>oard an aircraft registered

in Maha. or

(b) such ofletKe is commined on board an aircraft which is

for Ihe time being Icased willlout crew to a !CSSCf: wllo has lIis

principal place of business or where he has 00 sueh pla~ of

business. his permanent resio..oce in Malta; or

(c) lite alleged offe nde r ;$ a ci tizen of Malta or is on board Ihe

aircraft in relation 10 which ~\lch offence is CQmm iued when it lands

in Malta Or is found in Mal ta.

16. ( I) The ofrcnces under Ihis Pan shall be deemed 10 I\ave

been included as CJrlradi lablc offence and provided for all the

treaties made by Malta wi lh Conven lion oount~$ and

e~l radilion

wh ich extend iD. and are binding on. Malta on Ihe d~ le of

commence ment of Ihis Act .

(2) For the purposes of Ihe appl ication of the Exlradilon

Act , \0 offences under thi s Pan . any aircraft registered in a Omven lion

coun try shall , al any lime while 1ha1 aircraft is in flight, be deemed 10 be

wit hin the juriwictioll of that ooun try whether o r not il is fOT tl>e lime

being also willlin the jurisidiction of Hny OIhe r count ry.

(3) Where Ihe E~ tradition Act does nOI apply in the case of

any State which is a party to The Hague Convention, the Minister ma y

make an order provi<ling for the Extradition Act to apply in the case of

~ hat S~ate wi~b li ke effect and subject to like terms and conditions as if

authorised by 5e<.1.ions 4 and 7 of the Extradition Act and, for the

purposes of any such order , that Convention shall be equivale nt to the

designation of a Commonwealth country under the said section 4 and

shall be treated as an arrangement such as is mentioned in tile said

seetion 7.

(4) Where the Extradition Act applies to any State by virtue

only of an order made under subsection (3). no application for

extradition by that State shall relate 10 any utradition crime5 within tile

meaning of the Extradition Act except offences deemed to be included

in the list of extradition !;limes pursuant to subsection (I).

17 . The Minister may , byOrderin the Gazelle, certify as to which

are the contracting parties to The Hag ue Convention and to wh at ex tent

they have availed the m~ l ves of the provisions of the Convention, and

any such O rde r sh all be conclusive evidence of the matters certified

therein.

PA RT IV

ProrlsM)m chi", ~«f 10 tM Mont real ConYUltion (197 1)

.od the Montrnl ProIoroI (1988)

18. (I)

In this ParI , un less the context otherwise requires, -

"airport"' means any area of land or water designed. equipped ,

set apart or commonly used for affording facilities for the take-off

and landi ng of aircraft ;

MConvc ntion counlryM mean li a country in which the Montrea l

Conv"n tion and the Mon tr"al Protocol 3re for the time being in

r_.

(2)

For lhe purpose~ af this Pan, ~

(a) an aircraft shall bedccmtd lobe in nisht a t any lime from

Ihe moment when all its external doors are closed foliowing

embarkation until the ~nl wben any such door is opened for

disembarkation, and in tile ca§c of iI forced landing, the night shall

be deemed 10 continue until the oompetenl au thoritit'li of the

country in which such forced landing ta kes place take over the

TQpo<I$ibility for Ihe aircraft and for persons and property On

board;

(b) an aircraft shall be dee med to be in servke from tile

beginning of the prc·night preparati on of the aircraft by the ground

staff o r by the crew fo r I specific ni&hl until twen ty-four hol,lt'S after

an y landing and the period of such service shall include the en tire

period during which tile aircraft is in flight .

W'hc:Iever unla"fuJly and intentionally -

It.

(I)

(a) commits an act of violence against a person on board an

aircraft in flight which is likely to endangcr the safety of such ni,.., <!<.

aircraft ; or

(b) d~tTOYS an ain-oraft in service or ClllISeIi damage to wch

aircraft in such a manner ~ to render it incapable of flight or whid!

is likely to e ndanger its safety in flight; or

(c) places orcauses to be placed on an ain-oraft in service, by

any means whal$QC~c r . a device Or sub$tance which is likely to

de§\T0Y that aircraft. or to CIIUse damage to il which renders it

incapable of flight. or to cause damage 10 it which is likely to

e"dange r its safety in flight: or

(d) commu nicates such infonnation which ~ kl\Ows to be

false so as to endanger Ihe safcty of an aircraft in flight.

sllall be liable to life imprisonment.

(2) Whoeycr unlawfully and intcntionally using any device,

subslance or weapon

(a) performs an aCI of yiolence against a person at on airpon

serving inlernational ch'il avialion which cau$C$ or is likely to cause

§crious injury or (\ealh: or

(b) destro~ or seriOlJsly damages the facilities of an airport

serving international civi l aviation Or aircra ft not in service located

the rein Or disrupts Ihe services of the airport ,

if such an act endangers or is likely to endanger tile safety althat airport

shall be liable 10 lifc imprisonment or to such lesser punishmenl, being

not IC$S than imprisonment for three ycars, as the eoun may deem fit .

(3) For Ihe purpose of this section "act of ~io!cnce" nl eans

any act which would constitute tile offences under sections 211. 2 12.

2 14. 216. 211. 218. 220and 222 ofthe Criminal Code; or any act ... ·he reby

an explosion of a nature likely tocndanger life. or to ClOUK serious injury

to propeny. is maJiciouslycauscd by means of any explosi~c SUbsl an<:C.

whether or not any injury to person or propeny is 3clually caused

"e xplosi~c substance: has Ihe ~me meaning usigned to il by section

M

31 4 oflhe Criminal Code.

20. Whoever unlawfully and intentionally deslroys or damages

air nllVigalion facilities or interferes with their opcmtion in such a

manner as is likely 10 e ndang~ r the ~fe t y of the aircraft in flight sha ll be

liable 10 impri50Dment for life.

21. (I) Subject to Ihe provisions of subsection (2). where an

offence under section 19 i. commi tted ou tside Maha, the person

oommi Uing such offence ma y be dealt with in respect there of as if such

offences had been commillcd in Mal ta.

(2) No COII n shall take cognizance of an offence punishabk

under section 19 which is commilled outside Malta unless-

(a) such offence is oommilled on board an aircraft registe red

in Malta; Of

(b) such offence: is commilled on boa rd an aircraft which is

for the time being leased withou t crew 10 a lessee who has his

principal plact= of business. or where he has no such place: of

business. his permanent residence in Malta ; or

(c) the alleged offender is a ci tizen of Malta or is on board the

aircraft in relation to which such offence: is com mitted when it lands

in Malta or is found in Malta .

22. ( 1) l1Ic offences unde r this Part shall be d«med 10 have

been included as eltlTadi table ofrcnc~$ and provided for in all the

extradition Ireaties made by Malta with Corwention Countries and

which e~te nd to. and are binding on. Malta on the date of

commenceme nt of this Act .

(2) For the purposes of the application or the Ext radition

Act. to offences under Ihis ACI. any aircraft registered in a Convention

country shall. at an~ time while that aircraft is in nigh t. bedeem ed to be

within the jurisdiction of that country. whether or not it is for tile time

being also within the jurisdiction of any Olhe r COUntry.

(3) Where th e Elttradiction Act. does nOI apply in (he case of

any foreign Stme which is a pany 10 the Montreal Conve ntion . or to the

Mootreal Protoool. Ihe Minister may make an order providing for the

ElI.tradition Act to appty in the case of that Slate "';Ih lik.e effect and

subjc'ct IQ like le.ms and oondi lions as 3U1horiscd by section s 4 and 7 of

Ih" ElIt radi lioo Act and. fm tll<: purposes of any such order. Ih nl

Coo venlion and that Prolocol shall be equivale nt to the designation of a

Commonwealth count ry under the fklid section 4 and shall be t.eated a ~

an arrangement such as is mentioned in the Soli d seclion 7.

(4) Where the Enradilion Act applies to any Stale by virlue

only of an orde r made under sub5eciiOf) (3). no applicat ion for

extradition by that StDte shall reiate 10 any eltr:adition crimes within Ihe

meaning of Ihe Ex lradilion Act excep!: offentts deemed to be included

in th" lisl of utradition crimes pursuant to subsection (I ).

23. The Ministe. may. by Order in the Gazelle. certify as to wh o

a.e the comracling pMlies to the Montreal Convemion and the

MootreaJ Protocol and 10 what ex tent they have availed themselves of

the provisions of th e Convention, and any such Order shall be

conclusive evidence of the matters cenified therein.

GEN ERA L

If the Minister by order dedares -

24. (a) that any tWO or mOre States named in the order have

cstablisll<:d an o.ganiu lion or agency which ope rates aircraft: and

(b) that onc of th ose States has been designated to exe~

the powers of the State of registration. or to be considered as the

Sta te thereof. in rela tion to all or any aircr:a ft so operated.

the n. for the purpo:scs of such provisions of th is Act as the order may

prescribe. the State so designated or conside red under paragraph (b)

sha ll be deemed 10 be the Stale in which all aircraft so operated. or (as

Ihe case may be) any such ai rcra ft specified in the order. are registe red .

25, The Minisler may make regulations for Ihe purpose of giving

effect to this Act and. with out prejudice 10 the gene rality of the

foregoing , may provide for -

(a) the procedure in assisling an offender to commu nicate

with a representalive of the State of which he is a nalional

(b) Ihe OOIirJClltion to any foreign Stale of any mallc r to be

r1O{ified under this Act

.(c) the restoration and preservation of control of an aircraft

\0 the com mander of the aircraft

(d) the return of an aircraft and its cargo. after such aircndi

and cargo ha>'!': been unlawfully seized. to any person lawfully

enti tled to possession

(e) assisting passengers and crew to cominue their tourney

aftn the unlawful5ol'izure of an aircraft; and

(I) lite holding of any invc:stigation inlo unlawful or

dangerous acts on board an aircraft.

26. (1) No 5uit . prosecution or other legal proceeding sball lie

against any person for an ything wh.icll, in good fai th. , is done or intended

w be done in pursuance or lhe provisions of lhis Act.

(2) No suit Or other k ga! proc=ding &hall lie against lite

Gove rnment of Malta for any dama~ caused or likely 10 be caused fOT

an ything wh icll , in good faith, is done or intended 10 be done in

pursuance of the provisions of th is Act.

27. In vinue of this Act, the Government of Malta is authorised

\0 ratify [he T okyo Convention. The Hague eolm:nlion. the Montreal

Convention and the Momreal Protocol.

Passed by tile House of Reprcsc nlativa; al Silling No. 555 of the JOth J uly. 199 1.

LAWRENCE GOi'' ' Zl

SJHilku

RJCItA~D J . CA U CHl

AC';" 8 Cluk to the lIow~ of Represemuti,·.,s.