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CIVIL AVIATION (SECURITY) ACT
To give effect to the Convention on Offences and Certain Other Acts Committed on Board Aircraft (Tokyo, 1963); the Convention for the Suppression of Unlawful Seizure of Aircraft (The Hague, 1970); and the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (Montreal 1971); and the Protocol to the Montreal Convention (1988).
(9th August, 1991)*
ACT XX of 1991, as amended by Legal Notice 425 of 2007.
ARRANGEMENT OF ACT
PART I. | Preliminary | Articles 1-2 |
PART II. | Provisions giving effect to the Tokyo Convention (1963) | 3-10 |
PART III. | Provisions giving effect to the Hague Convention (1970) | 11-17 |
PART IV. | Provisions giving effect to the Montreal Convention (1971) and the Montreal Protocol (1988) | 18-23 |
General | 24-27 |
*See Government Notice No. 573 of 9th August, 1991.
PART I
Short title. | 1. | The short title of this Act is the Civil Aviation (Security) |
Interpretation. | Act. 2. | In this Act, unless the context otherwise requires, the |
following expressions have the following meanings respectively,
that is to say:
"aircraft" means any aircraft, whether or not a Maltese controlled aircraft, other than -
(a) a military aircraft; or
(b) an aircraft which, not being a military aircraft, belongs to or is exclusively employed in the service of the Government
of Malta for customs or police purposes;
but the Minister may by order, which may be varied or revoked by a subsequent order, provide that any of the provisions of this Act
shall apply with or without modifications to aircraft such as are mentioned in paragraph (b) of this definition;
"commander" in relation to an aircraft means the member of the crew designated as commander of that aircraft by the op erator
thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
"The H a gu e Con v en ti on " m eans the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague
on the 16th day of December, 1970;
"Maltese controlled aircraft" means an aircraft -
(a) which is for the time being registered in Malta; or
(b) which is not for the time being 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 satisfies the following requirements, namely -
(i) that he is a person qualified to be the owner of a legal or beneficial interest in an aircraft registered in Malta;
and
(ii) that he resides or has his principal place of business in Malta; or
(c) which, being for the time being registered in some other country, is for the time being chartered 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, military or air forces of any country;
"Minister" means the Minister responsible for justice;
"o perat o r" i n rel a ti on to an y aircraft at any time me ans the
person who at that time has the management of that aircraft;
"pilot in command" in relation to an aircraft means a person who for the time being is in charge of the piloting of the
aircraft without being under the direction of any other pilot in the aircraft;
"police officer" has the same meaning assigned to it by the Malta
Police Ordinance;
"t he Mont real Conv ention " means the Co nventi on for t h e Suppression of Unlawful Acts Against the Safety of Civil
Aviation, done at Montreal on the 23rd day of September, 1971;
"the Montreal Protocol" means the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving Internati
onal Civil Aviation, Supplementary to the Montreal Convention, which Protocol was signed at Montreal on the 24th February, 1988;
"the Tokyo Convention" means the Convention on Offences and Certain Other Acts Committed on Board Aircraft, done at Tokyo
on the 14th of September, 1963.
Cap. 164.
PART II
"Convention country" m e ans a country in which th e To k y o Convention is for the time being in force; and the Minister
may, by order, certify that any country specified in the order is for the time being 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 conclusive evidence that the country in question
is for the time being a Convention country;
"Immigration Officer" has the same meaning assigned to it by article 2 of the Immigration Act and includes any public officer
acting under such authority;
(2) For the purposes of this Part, the period during which an aircraft is in flight shall be deemed to include -
(a) any period from the moment when power is applied for the purpose of the aircraft taking off on a flight until the moment when
the landing run ends; and
(b) for the purposes of article 6 -
(i) any period from the moment when all external doors of the aircraft are closed following embarkation for a flight
until the moment when any such door is opened for disembarkation after that flight; and
(ii) if the aircraft makes a forced landing, any period thereafter until the time when a competent authority takes over
responsibility for the aircraft and for the persons and property on board the aircraft; and
Interpretation of
Part II.
Cap. 217.
(c) any period when the aircraft, although on the surface of the sea or land, is not within the territorial limits of any country.
(3) In this Part, any reference to a country or the territorial limits thereof includes a reference to the territorial waters,
if any, of that country.
Application of criminal law to offences on aircraft.
(2) Subarticle (1) shall not apply to any act which is, by or under the law in force in Malta, expressly or impliedly authorised when taking place outside Malta.
Jurisdiction. Cap. 9.
Powers of the aircraft commander. Amended by:
L.N. 425 of 2007.
(a) the safety of the aircraft or of persons or property on board the aircraft; or
(b) good order and discipline on board the aircraft,
then, subject to article 7, the commander may take with respect to that person such reasonable measures, including restraint of
his person, as may be necessary -
(i) to protect the safety of the aircraft or of persons or property on board the aircraft; or
(ii) to maintain good order and discipline on board the aircraft; or
(iii) to enable the commander to deliver that person in accordance with article 7.
(2) Where the commander of the aircraft is entitled under subarticle (1) to restrain any person -
(a) any member of the crew of the aircraft or any other person on board the aircraft may -
(i) at the request or with the authority of the commander, render assistance in effecting the restraint;
(ii) without obtaining the authority of the commander, take with respect to any person on board the aircraft
any measures such as are mentioned in subarticle (1) which he has reasonable grounds to believe are immediately
necessary to protect the safety of the aircraft or of persons or property on board the aircraft; and
(b) any member of the crew shall, if the commander so requires, render such assistance as the commander may direct.
(3) Any member of the crew of an aircraft who wilfully and w ithout reasonable cause fail s to assist the command er of the aircraft
in restraining any person when so required shall be liable to a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69).
(2) Any restraint imposed on any person on board an aircraft conferred by article 6 shall not be continued after the time when
the aircraft first thereafter ceases to be in flight other than -
(a) for any period (including the period of any further flight) between that time and the first occasion thereafter
on which the commander is able with any requisite consent of the appropriate authorities to disembark or deliver the person
under restraint in accordance with subarticle (3); or
(b) if the person under restraint agrees to continue his journey under restraint on board that aircraft.
(3) The commander of an aircraft if in the case of any person on board the aircraft he has reasonable grounds -
(a) to believe as mentioned in article 6(1); and
(b) to believe that it is necessary so to do in order to protect the safety of the aircraft or of persons or
property on board the aircraft or to maintain good order and discipline on board the aircraft,
may disembark that person in any country in which that aircraft may be and, if convenient, deliver him to a person having
the function of a police officer or immigration officer.
(4) The commander of an aircraft -
(a) if he disembarks any person in pursuance of subarticle (3), in the case of a Maltese-controlled aircraft, in any country or, in
the case of any other aircraft, in Malta, shall report the fact of, and the reasons for, that disembarkation to the
authorities in the country of disembarkation and shall also request the authorities to notify a diplomatic or consular representative
of the country of nationality of that person; or
(b) if he delivers any person in pursuance of subarticle (3), shall at the time of delivery furnish to the appropriate officer such
evidence and information relating to the need to take measures against that person pursuant to article 6, as at the time of furnishing
are lawfully in his
Provisions
ancillary to powers
under article 6.
Amended by:
L.N. 425 of 2007.
possession.
(5) Any commander of an aircraft who wilfully and without reasonable cause fails to comply with the requirement of subarticle (4)
shall be liable on conviction to a fine (multa) of one thousand and one hund red and sixt y-four euro and sixt y-nine cents (1,164.69).
Jurisdiction of Convention countries for extradition purposes.
Cap. 276.
Provisions as to evidence in connection with aircraft.
(a) in the presence of the person charged with the offence;
and
(b) in any other Convention country to an officer having functions corresponding to the functions, in Malta, either of judge
or of a magistrate or of a consular officer.
(2) Any such deposition shall be authenticated by the signature of the judge, magistrate or consular officer before whom it was
m a de, and shall be certified by h im to have been taken in the presence of the person charged as aforesaid.
(3) It shall not be necessary in any proceedings to prove the signature or official character of the person appeari ng to have
authenticated any deposition, or to have given such a certificate as aforesaid; and such a certificate shall, unless the contrary
is proved, be sufficient evidence in any proceedings that the person charged as aforesaid was present at the making of the deposition.
Exemption from liability for acts against offenders under this Part.
PART III
Interpretation. 11. In this Part, unless the context otherwise requires -
"Con venti on cou n tr y" mean s a co unt ry i n w h ich The Hagu e
Convention is for the time being in force.
Hijacking. 12. (1) Whoever on board an aircraft in flight, unlawfully, by
force or threat of force or by any other form of intimidation, seizes or exercise s control of that aircraft, commits the of fence
of hijacking of such aircraft.
(2) For the purposes of this article, an aircraft shall be deemed 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, and in the case of a forced
landing, the flight shall be deemed to continue until the competent authorities of the country in which such forced landing takes
place take over the responsibility for the aircraft and for persons and property on board.
(2) For the purposes of subarticle (1) any act of violence means any act which would constitute an offence under articles 211,
212,
214, 216, 217, 218, 220 and 222 of the Criminal Code.
Punishment for hijacking.
Punishment for acts of violence connected with hijacking.
Cap. 9.
(2) No court shall take cognizance of an offence punishable under this Part and which is committed outside Malta unless -
(a) such offence is committed on board an aircraft registered in Malta; or
(b) such offence is committed on board an aircraft which is for the time being leased without crew to a lessee who has his principal
place of business or where he has no such place of business, his permanent residence in Malta; or
(c) the alleged offender is a citizen of Malta or is on board the aircraft in relation to which such offence is committed
when it lands in Malta or is found in Malta.
Jurisdiction.
(2) For the purposes of the application of the Extradition Act, to offences under this Part, any aircraft registered in a Convention country shall, at any time while that aircraft is in flight, be deemed to be within the jurisdiction of that country whether or not it is for the time being also within the jurisdiction of any other country.
Provisions as to extradition.
Cap. 276.
Cap. 276. (3) Where the Extradition Act does not apply in the case of any State which is a party to The Hague Convention, the Minister may make an order providing for the Extradition Act to apply in the case of th at S t at e wi th li ke ef f e ct and subject to like terms and conditions as if authorised by articles 4 and 7 of the Extradition Act and, for the purposes of any such order, that Convention shall be equivalent to the designation of a Commonwealth country under the said article 4 and shall be treated as an arrangement such as is mentioned in the said article 7.
Cap. 276. (4) Where the Extradition Act applies to any State by virtue on ly o f an ord e r made un der sub a rt icle (3 ), no app l icati o n f o r extradition by that St ate shall re lat e to an y ex tr ad it io n cr i m e s within the meaning of the Extradition Act except offences deemed to be included in the list of extradition crimes pursuant to subarticle (1).
Contracting Parties to Convention.
PART IV
Interpretation. 18. (1) In this Part, unless 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 landing of aircraft;
"Convention country" means a country in which the Montreal Convention and the Montreal Protocol are for the time being in
force.
(2) For the purposes of this Part -
(a) an aircraft shall be deemed 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, and in the case of a forced landing, the flight shall
be deemed to continue until the competent authorities of the country in which such forced landing takes place take over the responsibility
for the aircraft and for persons and property on board;
(b) an aircraft shall be deemed to be in service from the beginning of the pre-flight preparation of the aircraft by the ground
staff or by the crew for a specific flight until twenty-four hours after any landing and the period of such service shall
include the entire period during which the aircraft is in flight.
(a) commits an act of violence against a person on board an aircraft in flight which is likely to endanger the safety of such
aircraft; or
(b) destroys an aircraft in service or causes damage to such aircraft in such a manner as to render 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) communicates such information which he knows to be false so as to endanger the safety of an aircraft in flight,
shall be liable to life imprisonment.
(2) Whoever unlawfully and intentionally using any device, substance or weapon -
(a) performs an act of violence against a person at an airport serving international civil aviation which causes
or is likely to cause serious injury or death; or
(b) destroys or seriously damages the facilities of an airport serving international civil aviation or aircraft not in service
located therein or disrupts the services of the airport,
if such an act endangers or is likely to endanger the safety at that airport shall be liable to life imprisonment or to
such lesser punishment, being not less than imprisonment for three years, as the court may deem fit.
(3) For the purpose of this article "act of violence" means any act which would constitute the offences under articles
211, 212,
214, 216, 217, 218, 220 and 222 of the Criminal Code; or any act whereby an explosion of a nature likely to endanger life, or to cause
serious injury to property, is maliciously caused by means of any ex plo s ive su bstance, w h eth e r or no t an y i n ju ry to
perso n o r property is actually caused; "explosive substance" has the same
meaning assigned to it by article 314 of the Criminal Code.
Offence of committing violence on board an aircraft in flight, etc.
Cap. 9.
(2) No court shall take cognizance of an offence punishable
Destruction of, or damage to, air navigation facilities.
Jurisdiction.
under article 19 which is committed outside Malta unless -
(a) such offence is committed on board an aircraft registered in Malta; or
(b) such offence is committed on board an aircraft which is for the time being leased without crew to a lessee who has his principal
place of business, or where he has no such place of business, his permanent residence in Malta; or
(c) the alleged offender is a citizen of Malta or is on board the aircraft in relation to which such offence is committed
when it lands in Malta or is found in Malta.
Provisions as to extradition.
Cap. 276. (2) For the purposes of the application of the Extradition Act, to offences under this Act, any aircraft registered in a Convention country shall, at any time while that aircraft is in flight, be deemed to be within the jurisdiction of that country, whether or not it is for the time being also within the jurisdiction of any other country.
Cap. 276. (3) Where the Extradition Act does not apply in the case of any foreign State which is a party to the Montreal Convention, or to the Montreal Protocol, the Minister may make an order providing for the Extradition Act to apply in the case of that State with like effect and subject to like terms and conditions as authorised by articles 4 and 7 of the Extradition Act and, for the pu rposes of any such order, that Convention and that Protocol shall be equivalent to the designation of a Commonwealth country under the said article 4 and shall be treated as an arrangement such as is mentioned in the said article 7.
Cap. 276. (4) Where the Extradition Act applies to any State by virtue on ly o f an ord e r made un der sub a rt icle (3 ), no app l icati o n f o r extradition by that St ate shall re lat e to an y ex tr ad it io n cr i m e s within the meaning of the Extradition Act except offences deemed to be included in the list of extradition crimes pursuant to subarticle (1).
Contracting Parties to convention.
Aircraft operated by joint or international organization.
(a) that any two or more States named in the order have established an organization or agency which operates aircraft; and
(b) that one of those States has been designated to exercise
the powers of the State of registration, or to be considered as the State thereof, in relation to all or any aircraft so
operated,
then, for the purposes of such provisions of this Act as the order may prescribe, the State so designated or considered
under paragraph (b) shall be deemed to be the State in which all aircraft so operated, or (as the case may be) any such aircraft specified in the
order, are registered.
(a) the procedure in assisting an offender to communicate with a representative of the State of which he is a national;
(b) the notification to any foreign State of any matter to be notified under this Act;
(c) the restoration and preservation of control of an aircraft to the commander of the aircraft;
(d) the return of an aircraft and its cargo, after such aircraft and cargo have been unlawfully seized, to any person lawfully
entitled to possession;
(e) assisting passengers and crew to continue their journey after the unlawful seizure of an aircraft; and
(f) the holding of any investigation into unlawful or dangerous acts on board an aircraft.
Regulations.
(2) No suit or other legal proceeding shall lie against the Government of Malta for any damage caused or likely to be caused for anything which, in good faith, is done or intended to be done in pursuance of the provisions of this Act.
Protection of action taken in good faith.
Authorisation for the ratification of these Conventions.
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