# The Extradition (Hijacking) Order 1997 S.I. 1997/1763 · made 22 July 1997 This Order applies the Extradition Act 1989 (c. 33) so as to make extraditable offences under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking), 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. ## Introductory text EXTRADITION 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 Whereas the Convention for the Suppression of Unlawful Seizure of Aircraft (referred to in this Order as “the Convention” and set out in Schedule 1 to this Order) signed at The Hague on 16th December 1970 entered into force for the United Kingdom on 21st January 1972: And whereas the States mentioned in Schedule 2 to this Order are foreign States in respect of which the Convention is for the time being in force and in relation to which Orders in Council under section 2 of the Extradition Act 1870 are in force: And whereas the States mentioned in Part I of Schedule 3 to this Order are foreign States in respect of which the Convention is for the time being in force but with which no general extradition arrangements have been made: And whereas section 22(3) of the Extradition Act 1989 provides that where general extradition arrangements have not been made with a State which is a party to the Convention, and no Order in Council under section 2 of the Extradition Act 1870 is in force in relation to that State, an Order in Council applying the Extradition Act 1989 may be made under section 4 of that Act as if the Convention constituted general extradition arrangements between the United Kingdom and the foreign State, or any foreign State, party to the Convention: 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 (Hijacking) 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 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 shall apply in the case of a State specified in the first column in accordance with the extradition treaty whose date is specified in the corresponding entry in the second column, as supplemented by paragraphs 1 and 4 of Article 8 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 States 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 Extradition (Hijacking) Order 1992 and The Extradition (Hijacking) (Amendment) Order 1993 are hereby revoked. ## 5 This Order extends only to the United Kingdom, the Channel Islands and the Isle of Man, and to those territories which are specified in Schedule 4 to this Order. ## Signature N. H. Nicholls Clerk of the Privy Council ## Schedule 1: The Convention ## CONVENTION FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT CONSIDERING that unlawful acts of seizure or exercise of control of aircraft in flight 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 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. ## 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 force landing, the flight shall be deemed to continue until the competent authorities take over 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 the State is one of those referred to in that article. ## 5 Notwithstanding paragraphs 3 and 4 of this article, Articles 6, 7, 8 and 10 shall apply whatever the place of take-off or the place of actual landing of the aircraft, if the offender or the alleged offender is found in the territory of a State other than the State of registration of that aircraft. ## Article 5 The Contracting States which establish joint air transport operating organizations or international operating agencies, which operate aircraft which are subject to joint or international registration shall, by appropriate means, designate for each aircraft the State among them which shall exercise the jurisdiction and have the attributes of the State of registration for the purpose of this Convention and shall give notice thereof to the International Civil Aviation Organization which shall communicate the notice to all States Parties to the Convention. ## Article 7 The Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State. ## Article 11 Each Contracting State shall in accordance with its national law report to the Council of the International Civil Aviation Organization as promptly as possible any relevant information in its possession concerning: (a) the circumstances of the offence; (b) the action taken pursuant to Article 9; (c) the measures taken in relation to the offender or the alleged offender, and, in particular, the results of any extradition proceedings or other legal proceedings. ## 6 As soon as this Convention comes into force, it shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations and pursuant to Article 83 of the Convention on International Civil Aviation (Chicago, 1944). ## Schedule 2 FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND IN RELATION TO WHICH ORDERS IN COUNCIL UNDER THE EXTRADITION ACT 1870 ARE IN FORCE State Date of Extradition Treaty Order in Council Argentina 22 May 1889 1894/76 Belgium 29 October 1901 1902/208 Bolivia 22 February 1892 1898/1065 Chile 26 January 1897 1898/597 Colombia 27 October 1888 28 November 1889 Cuba 3 October 1904 1905/558 Ecuador 20 September 1880 26 June 1886 El Salvador 23 June 1881 16 December 1882 Guatemala 4 July 1885 26 November 1886 Haiti 7 December 1874 5 February 1876 Iraq 2 May 1932 1933/357 Liberia 16 December 1892 1894/114 Mexico 7 September 1886 6 April 1889 Monaco 17 December 1891 9 May 1892 Nicaragua 19 April 1905 1906/382 Panama 25 August 1906 1907/648 Paraguay 12 September 1908 1911/662 Peru 26 January 1904 1907/383 Romania 21 March 1893 1894/119 Russian Federation 24 November 1886 7 March 1887 Thailand 4 March 1911 1911/1151 United States of America 8 June 1972 1976/2144 Uruguay 26 March 1884 5 March 1885 Yugoslavia 6 December 1900 1901/586 ## I FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND WITH WHICH NO EXTRADITION TREATIES ARE IN FORCE State Afghanistan Bahrain Belarus Benin Bhutan Bosnia and Herzegovina Burkina Faso Cape Verde Central African Republic Chad China, People’s Republic of Comoros Congo Congo (Democratic Republic) Costa Rica Côte d'Ivoire Dominican Republic Egypt Equatorial Guinea Estonia Ethiopia Gabon Guinea Guinea Bissau Honduras Indonesia Iran Japan Jordan Korea, Democratic People’s Republic of Korea, Republic of Kuwait Laos Lebanon Libya Madagascar Mali Marshall Islands Mauritania Mongolia Morocco Myanmar Nepal Niger Oman Philippines Qatar Rwanda Saudi Arabia Senegal Sudan Surinam Syria Togo Tunisia Ukraine United Arab Emirates Uzbekistan Venezuela Vietnam Yeman ### Part II: APPLICATION OF THE EXTRADITION ACT 1989 IN THE CASE OF A STATE MENTIONED IN PART I ## 1 The Extradition Act 1989 shall have effect in relation to a State specified in Part I of this Schedule only in respect of— (a) an offence mentioned in section 22(4)(b) 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 proceeding 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. ## 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 ## 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 Aviation Security Act 1982 (c. 36) (hijacking), 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. --- Source: https://www.legislation.gov.uk/uksi/1997/1763 (the official version) Page: https://openlegislation.uk/extradition-hijacking-order-1997 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.