The Extradition (Tokyo Convention) Order 1997

S.I. 1997/1768 · Made 22 July 1997

Contents

1. 1Article 1
2. 2Article 2
3. 3Article 3
4. 4Article 4
5. 5Article 5
6. Signature
7. Schedule 1: The Convention
8. TOKYO CONVENTION ON OFFENCES AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT
9. Chapter I: SCOPE OF THE CONVENTION
11. 1Paragraph 1
12. 2Paragraph 2
13. 3Paragraph 3
14. 4Paragraph 4
15. Article 2
16. Chapter II: JURISDICTION
19. Chapter III: POWERS OF THE AIRCRAFT COMMANDER
25. Article 10
26. Chapter IV: UNLAWFUL SEIZURE OF AIRCRAFT
28. Chapter V: POWERS AND DUTIES OF STATES
29. Article 12
31. 5Paragraph 5
34. Chapter VI: OTHER PROVISIONS
36. Article 17
37. Article 18
38. Chapter VII: FINAL CLAUSES
39. Article 19
45. Article 25
46. Article 26
47. Schedule 2FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND IN RELATION TO WHICH ORDERS IN COUNCIL UNDER SECTION 2 OF THE EXTRADITION ACT 1870 ARE IN FORCE
48. Schedule 3
49. IFOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND WITH WHICH NO EXTRADITION TREATIES ARE IN FORCE
50. Part II: APPLICATION OF THE EXTRADITION ACT 1989 IN THE CASE OF A STATE MENTIONED IN PART I
51. 1Paragraph 1
52. 2Paragraph 2
53. IIIPart III
54. Schedule 4TERRITORIES TO WHICH THIS ORDER EXTENDS
55. Explanatory note

1

This Order may be cited as the Extradition (Tokyo Convention) 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 relevant 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^f1 shall apply in the case of a State specified in the first column (being a foreign State which is a Party to the Convention) in accordance with the extradition treaty whose date is specified in the corresponding entry in the second column, as supplemented by paragraph 1 of Article 16 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 a State 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 following Orders are hereby revoked—

• The Extradition (Tokyo Convention) Order 1971^f1;

• The Extradition (Tokyo Convention) (Amendment) Order 1982^f2;

• The Extradition (Tokyo Convention) (Amendment) Order 1985^f3;

• The Extradition (Tokyo Convention) (Amendment) Order 1986^f4.

5

This Order extends only to the United Kingdom, the Channel Islands and the Isle of Man, and to the territories specified in Schedule 4 to this Order.

Signature

N. H. Nicholls

Clerk of the Privy Council

TOKYO CONVENTION ON OFFENCES AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT

The States Parties to this Convention,

Have agreed as follows:

1

This Convention shall apply in respect of:

(a)

offences against penal law;

(b)

acts which, whether or not they are offences, may or do jeopardize the safety of the aircraft or of persons or property therein or which jeopardize good order and discipline on board.

2

Except as provided in Chapter III, this Convention shall apply in respect of offences committed or acts done by a person on board any aircraft registered in a Contracting State, while that aircraft is in flight or on the surface or the high seas or of any other area outside the territory of any State.

3

For the purposes of this Convention, an aircraft is considered to be in flight from the moment when the power is applied for the purpose of take-off until the moment when the landing run ends.

4

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

Article 2

Without prejudice to the provisions of Article 4 and except when the safety of the aircraft or of persons or property on board so requires, no provision of this Convention shall be interpreted as authorizing or requiring any action in respect of offences against penal laws of a political nature or those based on racial or religious discrimination.

Article 10

For actions taken in accordance with this Convention, neither the aircraft commander, any other member of the crew, any passenger, the owner or operator of the aircraft, nor the person on whose behalf the flight was performed shall be held responsible in any proceeding on account of the treatment undergone by the person against whom the actions were taken.

Article 12

Any Contracting State shall allow the commander of an aircraft registered in another Contracting State to disembark any person pursuant to Article 8, paragraph 1.

5

When a State, pursuant to this Article, has taken a person into custody, it shall immediately notify the state of registration of the aircraft and the State of nationality of the detained person and, if it considers it advisable, any other interested State of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary enquiry contemplated in paragraph 4 of this article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.

Article 17

In taking any measures for investigation or arrest or otherwise exercising jurisdiction in connection with any offence committed on board an aircraft the Contracting States shall pay due regard to the safety and other interests of air navigation and shall so act as to avoid unnecessary delay of the aircraft, passengers, crew or cargo.

Article 18

If Contracting States establish joint air transport operating organizations or international operating agencies, which operate aircraft not registered in any one State, those States shall, according to the circumstances of the case, designate the State among them which, for the purposes of this Convention, shall be considered as the State of registration and shall give notice thereof to the International Civil Aviation Organization which shall communicate the notice to all States Parties to this Convention.

Article 19

Until the date on which this Convention comes into force in accordance with the provisions of Article 21, it shall remain open for signature on behalf of any State which at that date is a Member of the United Nations or of any of the Specialized Agencies.

Article 25

Except as provided in Article 24 no reservation may be made to this Convention.

Article 26

The International Civil Aviation Organization shall give notice to all State Members of the United Nations or of any of the Specialized Agencies:

(a)

of any signature of this Convention and the date thereof;

(b)

of the deposit of any instrument of ratification or accession and the date thereof;

(c)

of the date on which this Convention comes into force in accordance with Article 21, paragraph 1;

(d)

of the receipt of any notification of denunciation and the date thereof; and

(e)

of the receipt of any declaration or notification made under Article 24 and the date thereof.

In witness whereof the undersigned Plenipotentiaries, being duly authorized, have signed this Convention.

Done at Tokyo, on the fourteenth day of September, One Thousand Nine Hundred and Sixty-three, in three authentic texts drawn up in the English, French, and Spanish languages.

This Convention shall be deposited with the International Civil Aviation Organization with which, in accordance with Article 19, it shall remain open for signature and the said Organization shall send certified copies thereof to all States Members of the United Nations and of any Specialized Agency.

Schedule 2FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND IN RELATION TO WHICH ORDERS IN COUNCIL UNDER SECTION 2 OF 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
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

IFOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND WITH WHICH NO EXTRADITION TREATIES ARE IN FORCE

State
Afghanistan
Algeria
Bahrain
Belarus
Bhutan
Bosnia and Herzegovina
Burundi
Cape Verde
Central African Republic
Chad
China, People’s Republic of
Comoro Islands
Congo
Congo (Democratic Republic)
Costa Rica
Côte d'Ivoire
Djibouti
Dominican Republic
Egypt
Equatorial Guinea
Estonia
Ethiopia
Gabon
Georgia
Guinea
Honduras
Indonesia
Iran
Japan
Jordan
Kazakhstan
Korea, Democratic People’s Republic of
Korea, Republic of
Laos
Lebanon
Libya
Macedonia, Former Yugoslav Republic of
Madagascar
Marshall Islands
Mauritania
Mongolia
Morocco
Myanmar
Nepal
Niger
Oman
Palau
Philippines
Qatar
Rwanda
Saudi Arabia
Sengal
Suriname
Syria
Tajikistan
Togo
Tunisia
Ukraine
United Arab Emirates
Upper Volta
Uzbekistan
Venezuela
Vietnam
Yemen

1

The Extradition Act 1989^f1 shall have effect in relation to a State specified in Part I of this Schedule only in respect of—

(a)

a relevant offence specified in section 22(4)(a) 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 proceedings 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 4TERRITORIES 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 Tokyo Convention Act 1967 (c. 52) (offences on board aircraft), 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.