# The Extradition (Tokyo Convention) Order 1997 S.I. 1997/1768 · made 22 July 1997 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. Made under: Tokyo Convention Act 1967 (repealed 17.7.1997); 1870 c. 52; Extradition Act 1989 (repealed) (Section 4, Section 22, Section 37) ## Introductory text EXTRADITION Made 22nd July 1997 Laid before Parliament 1st August 1997 Coming into force 1st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 on Offences and Certain Other Acts Committed On Board Aircraft (referred to in this Order as “the Convention” and set out in Schedule 1 to this Order) signed at Tokyo on 14th September 1963 entered into force for the United Kingdom on 4th December 1969: And whereas Article 16, paragraph 1 of the Convention provides as follows— “Offences committed on aircraft registered in a Contracting State shall be treated, for the purpose of extradition, as if they had been committed not only in the place in which they have occurred but also in the territory of the State of registration of the aircraft.”: And whereas section 2(1) of the Tokyo Convention Act 1967 provides that for the purposes of the application of the Extradition Act 1870 to crimes committed on board an aircraft in flight, any aircraft registered in a country in which the Convention is for the time being in force 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: And whereas the States specified in Schedule 2 to this Order are foreign Sates 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 (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 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; The Extradition (Tokyo Convention) (Amendment) Order 1982; The Extradition (Tokyo Convention) (Amendment) Order 1985; The Extradition (Tokyo Convention) (Amendment) Order 1986. ## 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 ## Schedule 1: The Convention ## TOKYO CONVENTION ON OFFENCES AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT The States Parties to this Convention, Have agreed as follows: ### Chapter I: SCOPE OF THE CONVENTION ## 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. ### Chapter II: JURISDICTION ### Chapter III: POWERS OF THE AIRCRAFT COMMANDER ## 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. ### Chapter IV: UNLAWFUL SEIZURE OF AIRCRAFT ### Chapter V: POWERS AND DUTIES OF STATES ## 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. ### Chapter VI: OTHER PROVISIONS ## 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. ### Chapter VII: FINAL CLAUSES ## 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 2 FOREIGN 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 ## I FOREIGN 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 ### 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) 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 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 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. --- Source: https://www.legislation.gov.uk/uksi/1997/1768 (the official version) Page: https://openlegislation.uk/extradition-tokyo-convention-order-1997 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.