S.I. No. 10/1989 - Extradition Act, 1965 (Part II) (No. 25) Order, 1989.
S.I. No. 10 of 1989. | ||
EXTRADITION ACT, 1965 (PART II) (No. 25) ORDER, 1989. | ||
WHEREAS by the Convention for the Suppression of Unlawful Seizure of Aircraft (the terms of which are set out in Part I of the Second Schedule hereto), done at The Hague on the 16th day of December, 1970 (referred to subsequently in this Order as "the Hague Convention"), to which the State is a party, an arrangement was made with the other countries who are parties to the Hague Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 1 of the Hague Convention: | ||
AND WHEREAS the Hague Convention was acceded to on behalf of Ireland on the 24th day of November, 1975: | ||
AND WHEREAS the Hague Convention has also been ratified or acceded to on behalf of the countries specified in Part I of the First Schedule hereto, subject, in the case of Bahrain, Brazil, Bulgaria, Byelorussian Soviet Socialist Republic, China, Czechoslovakia, Egypt, Guatemala, Hungary, India, Indonesia, Malawi, Oman, Papua New Guinea, Peru, Poland, Qatar, Romania, Saudi Arabia, South Africa, Syrian Arab Republic, Tunisia, Ukranian Soviet Socialist Republic, Union of Soviet Socialist Republics, Viet Nam and Morocco to the reservations by the country concerned specified in Part II of the said Second Schedule: | ||
AND WHEREAS by the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (the terms of which are set out in Part I of the Third Schedule hereto) done at Montreal on the 23rd day of September, 1971 (referred to subsequently in this Order as "the Montreal Convention"), to which the State is a party, an arragnement was made with the other countries who are parties to the Montreal Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 1 of the Montreal Convention: | ||
AND WHEREAS the Montreal Convention was acceded to on behalf of Ireland on the 12th day of October, 1976: | ||
AND WHEREAS the Montreal Convention has also been ratified or acceded to on behalf of the countries set out in Part II of the said First Schedule, subject, in the case of Bahrain, Brazil, Bulgaria, Byelorussian Soviet Socialist Republic, China, Czechoslovakia, Egypt, Ethiopia, Guatemala, Hungary, Indonesia, Malawi, Mongolia, Morocco, Oman, Papua New Guinea, Peru, Poland, Qatar, Romania, Saudi Arabia, South Africa, Syrian Arab Republic, Tunisia, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics and Venezuela to the reservations by the country concerned specified in Part II of the said Third Schedule: | ||
AND WHEREAS it is intended accordingly to apply Part II of the Extradition Act, 1965 (No. 17 of 1965), to each of the countries specified in the said First Schedule hereto: | ||
NOW the Government, in exercise of the powers conferred on them by section 8 of the Extradition Act, 1965 (No. 17 of 1965), hereby make the following order with respect to which pursuant to section 4 of that Act (inserted by the Extradition (European Convention on the Suppression of Terrorism) Act, 1987 (No. 1 of 1987)) a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House: 1. (1) This Order may be cited as the Extradition Act, 1965 (Part II) (No. 25) Order, 1989. | ||
(2) This Order shall come into operation on the 13th day of January, 1989. 2. Part II of the Extradition Act, 1965 (No. 17 of 1965), shall apply in relation to the countries set out in the First Schedule hereto. 3. The following orders are hereby revoked, namely: | ||
( a ) the Extradition Act, 1965 (Part II) (No. 9) Order, 1975 ( S.I. No. 334 of 1975 ), | ||
( b ) the Extradition Act, 1965 (Part II) (No. 10) Order, 1976 ( S.I. No. 251 of 1976 ), | ||
( c ) the Extradition Act, 1965 (Part II) (No. 11) Order, 1976 ( S.I. No. 322 of 1976 ), | ||
( d ) the Extradition Act, 1965 (Part II) (No. 14) Order, 1977 ( S.I. No. 102 of 1977 ), | ||
( e ) the Extradition Act, 1965 (Part II) (No. 15) Order, 1982 ( S.I. No. 47 of 1982 ), | ||
( f ) the Extradition Act, 1965 (Part II) (No. 16) Order, 1982 ( S.I. No. 349 of 1982 ). | ||
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FIRST SCHEDULE | ||
PART I | ||
Afghanistan, Antigua and Barbuda, Argentina, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Benin, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussian Soviet Socialist Republic, Cameroon, Canada, Cape Verde, Chad, Chile, China, Colombia, Costa Rica, Cote d'Ivoire, Czechoslovakia, Democratic Kampuchea, Democratic People's Republic of Korea, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Ethiopia, Fiji, Gabon, Gambia, German Democratic Republic, Ghana, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, India, Indonesia, Islamic Republic of Iran, Iraq, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Maldives, Mali, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Nauru, Nepal, New Zealand, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Rwanda, Saint Lucia, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, South Africa, Sri Lanka, Sudan, Suriname, Syrian Arab Republic, Thailand, Togo, Tonga, Trinidad and Tobago, Tunisia, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Arab Emirates, United Republic of Tanzania, Uruguay, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia. | ||
PART II | ||
Antigua and Barbuda, Argentina, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussian Soviet Socialist Republic, Cameroon, Canada, Cape Verde, Chad, Chile, China, Colombia, Congo, Costa Rica, Cofe d'lvoire, Czechoslovakia, Democratic People's Republic of Korea, Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Gabon, Gambia, German Democratic Republic, Ghana, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, India, Indonesia, Islamic Republic of Iran, Iraq, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Maldives, Mali, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Nauru, Nepal, New Zealand, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Rwanda, Saint Lucia, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa, Sri Lanka, Sudan, Suriname, Syrian Arab Republic, Thailand, Togo, Tonga, Trinidad and Tobago, Tunisia, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Arab Emirates, United Republic of Tanzania, Uruguay, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia. | ||
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SECOND SCHEDULE | ||
PART I | ||
Convention for the Suppression of Unlawful Seizure of Aircraft. | ||
Preamble | ||
THE STATES PARTIES TO THIS CONVENTION | ||
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 fight: | ||
( 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. | ||
ARTICLE 3 | ||
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 forced landing, the flight shall be deemed to continue until the competent authorities take over the 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 that 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 4 | ||
1. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over the offence and any other act of violence against passengers or crew committed by the alleged offender in connection with the offence, in the following cases: | ||
( a ) when the offence is committed on board an aircraft registered in that State; | ||
( b ) when the aircraft on board which the offence is committed lands in its territory with the alleged offender still on board; | ||
( c ) when the offence is committed on board an aircraft leased without crew to a lessee who has his principal place of business or, if the lessee has no such place of business, his permanent residence, in that State. | ||
2. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offence in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article. | ||
3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law. | ||
ARTICLE 5 | ||
The Contracting States which establish joint air transport operating organisations 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 Organisation which shall communicate the notice to all States Parties to this Convention. | ||
ARTICLE 6 | ||
1. Upon being satisfied that the circumstances so warrant, any Contracting State in the territory of which the offender or the alleged offender is present, shall take him into custody or take other measures to ensure his presence. The custody and other measures shall be as provided in the law of that State but may only be continued for such time as is necessary to enable any criminal or extradition proceedings to be instituted. | ||
2. Such State shall immediately make a preliminary enquiry into the facts. | ||
3. Any person in custody pursuant to paragraph 1 of this Article shall be assisted in communicating immediately with the nearest appropriate representatives of the State of which he is a national. | ||
4. When a State, pursuant to this Article, has taken a person into custody, it shall immediately notify the State of registration of the aircraft, the State mentioned in Article 4, paragraph 1 (c), the State of nationality of the detained person and, if it considers it advisable, any other interested States 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 2 of this Article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction. | ||
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 8 | ||
1. The offence shall be deemed to be included as an extraditable offence in any extradition treaty existing between Contracting States. Contracting States undertake to include the offence as an extraditable offence in every extradition treaty to be concluded between them. | ||
2. If a Contracting State which makes extradition conditional on the existence of a treaty receives a request for extradition from another Contracting State with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in respect of the offence. Extradition shall be subject to the other conditions provided by the law of the requested State. | ||
3. Contracting States which do not make extradition conditional on the existence of a treaty shall recognise the offence as an extraditable offence between themselves subject to the conditions provided by the law of the requested State. | ||
4. The offence shall be treated, for the purpose of extradition between Contracting States, as if it had been committed not only in the place in which it occurred but also in the territories of the States required to establish their jurisdiction in accordance with Article 4, paragraph 1. | ||
ARTICLE 9 | ||
1. When any of the acts mentioned in Article 1 (a) has occurred or is about to occur, Contracting States shall take all appropriate measures to restore control of the aircraft to its lawful commander or to preserve his control of the aircraft. | ||
2. In the cases contemplated by the preceding paragraph, any Contracting State in which the aircraft or its passengers or crew are present shall facilitate the continuation of the journey of the passengers and crew as soon as practicable, and shall without delay return the aircraft and its cargo to the persons lawfully entitled to possession. | ||
ARTICLE 10 | ||
1. Contracting States shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offence and other acts mentioned in Article 4. The law of the State requested shall apply in all cases. | ||
2. The provisions of paragraph 1 of this Article shall not affect obligations under any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mutual assistance in criminal matters. | ||
ARTICLE 11 | ||
Each Contracting State shall in accordance with its national law report to the Council of the International Civil Aviation Organisation 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. | ||
ARTICLE 12 | ||
1. Any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be settled through negotiation, shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organisation of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court. | ||
2. Each State may at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by the preceding paragraph. The other Contracting States shall not be bound by the preceding paragraph with respect to any Contracting State having made such a reservation. | ||
3. Any Contracting State having made a reservation in accordance with the preceding paragraph may at any time withdraw this reservation by notification to the Depositary Governments. | ||
ARTICLE 13 | ||
1. This Convention shall be open for signature at The Hague on 16 December, 1970, by States participating in the International Conference on Air Law held at The Hague from 1 to 16 December, 1970 (hereinafter referred to as The Hague Conference). After 31 December, 1970, the Convention shall be open to all States for signature in Moscow, London and Washington. Any State which does not sign this Convention before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time. | ||
2. This Convention shall be subject to ratification by the signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, which are hereby designated the Depository Governments. | ||
3. This Convention shall enter into force thirty days following the date of the deposit of instruments of ratification by ten States signatory to this Convention which participated in The Hague Conference. | ||
4. For other States, this Convention shall enter into force on the date of entry into force of this Convention in accordance with paragraph 3 of this Article, or thirty days following the date of deposit of their instruments of ratification or accession, whichever is later. | ||
5. The Depository Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of entry into force of this Convention, and other notices. | ||
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). | ||
ARTICLE 14 | ||
1. Any Contracting State may denounce this Convention by written notification to the Depositary Governments. | ||
2. Denunciation shall take effect six months following the date on which notification is received by the Depositary Governments. | ||
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorised thereto by their Govenments, have signed this Convention. | ||
DONE at The Hague, this sixteenth day of December, one thousand nine hundred and seventy, in three originals, each being drawn up in four authentic texts in the English, French, Russian and Spanish languages. | ||
PART II | ||
Reservations | ||
Bahrain, Brazil, Bulgaria, Byleorussian Soviet Socialist Republic, China, Czechoslovakia, Egypt, Guatamala, Hungary, India, Indonesia, Malawi, Oman, Papua New Guinea, Peru, Poland, Qatar, Romania, Saudi Arabia, South Africa, Syrian Arab Republic, Tunisia, Ukranian Soviet Socialist Republic, Union of Soviet Socialist Republics and Viet Nam. | ||
Reservation made with respect to paragraph 1 of Article 12 of the Convention. | ||
Morocco | ||
In case of a dispute, all recourse must be made to the International Court of Justice on the basis of the unanimous consent of the parties concerned. | ||
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THIRD SCHEDULE | ||
PART I | ||
Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation. | ||
THE STATES PARTIES TO THIS CONVENTION | ||
CONSIDERING that unlawful acts against the safety of civil aviation jeopardise 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 | ||
1. Any person commits an offence if he unlawfully and intentionally: | ||
( a ) performs an act of violence against a person on board an aircraft in flight if that act is likely to endanger the safety of that aircraft; or | ||
( b ) destroys an aircraft in service or causes damage to such an aircraft which renders 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 ) destroys or damages air navigation facilities or interferes with their operation, if any such act is likely to endanger the safety of aircraft in flight; or | ||
( e ) communicates information which he knows to be false, thereby endangering the safety of an aircraft in flight. | ||
2. Any person also commits an offence if he: | ||
( a ) attempts to commit any of the offences mentioned in paragraph 1 of this Article; or | ||
( b ) is an accomplice of a person who commits or attempts to commit any such offence. | ||
ARTICLE 2 | ||
For the purposes of this Convention: | ||
( a ) 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 open for disembarkation; in the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board; | ||
( b ) an aircraft is considered to be in service from the beginning of the preflight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing; the period of service shall, in any event, extend for the entire period during which the aircraft is in flight as defined in paragraph (a) of this Article. | ||
ARTICLE 3 | ||
Each Contracting State undertakes to make the offences mentioned in Article 1 punishable by severe penalties. | ||
ARTICLE 4 | ||
1. This Convention shall not apply to aircraft used in military, customs or police services. | ||
2. In the cases contemplated in subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall apply, irrespective of whether the aircraft is engaged in an international or domestic flight, only if: | ||
( a ) the place of take-off or landing, actual or intended, of the aircraft is situated outside the territory of the State of registration of that aircraft; or | ||
( b ) the offence is committed in the territory of a State other than the State of registration of the aircraft. | ||
3. Notwithstanding paragraph 2 of this Article, in the cases contemplated in subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall also apply if the offender or the alleged offender is found in the territory of a State other than the State of registration of the aircraft. | ||
4. With respect to the States mentioned in Article 9 and in the cases mentioned in subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall not apply if the places referred to in subparagraph (a) of paragraph 2 of this Article are situated within the territory of the same State where that State is one of those referred to in Article 9, unless the offence is committed or the offender or alleged offender is found in the territory of a State other than that State. | ||
5. In the cases contemplated in subparagraph (d) of paragraph 1 of Article 1, this Convention shall apply only if the air navigation facilities are used in international air navigation. | ||
6. The provisions of paragraphs 2, 3, 4 and 5 of this Article shall also apply in the cases contemplated in paragraph 2 of Article 1. | ||
ARTICLE 5 | ||
1. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over the offences in the following cases: | ||
( a ) when the offence is committed in the territory of that State; | ||
( b ) when the offence is committed against or on board an aircraft registered in that State; | ||
( c ) when the aircraft on board which the offence is committed lands in its territory with the alleged offender still on board; | ||
( d ) when the offence is committed against or on board an aircraft leased without crew to a lessee who has his principal place of business or, if the lessee has no such place of business, his permanent residence, in that State. | ||
2. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offences mentioned in Article 1, paragraph 1 (a), (b) and (c), and in Article 1, paragraph 2, in so far as that paragraph relates to those offences, in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article. | ||
3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law. | ||
ARTICLE 6 | ||
1. Upon being satisfied that the circumstances so warrant, any Contracting State in the territory of which the offender or the alleged offender is present shall take him into custody or take other measures to ensure his presence. | ||
The custody and other measures shall be as provided in the law of that State but may only be continued for such time as is necessary to enable any criminal or extradition proceedings to be instituted. | ||
2. Such State shall immediately make a preliminary enquiry into the facts. | ||
3. Any person in custody pursuant to paragraph 1 of this Article shall be assisted in communicating immeidately with the nearest appropriate representative of the State of which he is a national. | ||
4. When a State, pursuant to this Article , has taken a person into custody, it shall immediately notify the States mentioned in Article 5, paragraph 1, the State of nationality of the detained person and, if it considers it advisable, any other interested States 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 2 of this Article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction. | ||
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 purposes 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 8 | ||
1. The offences shall be deemed to be included as extraditable offences in any extradition treaty existing between Contracting States. Contracting States undertake to include the offences as extraditable offences in every extradition treaty to be concluded between them. | ||
2. If a Contracting State which makes extradition conditional on the existence of a treaty receives a request for extradition from another Contracting State with which it has no extradition treraty, it may at its option consider this Convention as the legal basis for extradition in respect of the offences. Extradition shall be subject to the other conditions provided by the law of the requested State. | ||
3. Contracting States which do not make extradition conditional on the existence of a treaty shall recognise the offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State. | ||
4. Each of the offences shall be treated, for the purpose of extradition between Contracting States, as if it had been committed not only in the place in which it occurred but also in the territories of the States required to establish their jurisdiction in accordance with Article 5, paragraph 1 (b), (c) and (d). | ||
ARTICLE 9 | ||
The Contracting States which establish joint air transport operating organisations 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 Organisation which shall communicate the notice to all States Parties to this Convention. | ||
ARTICLE 10 | ||
1. Contracting States shall, in accordance with international and national law, endeavour to take all practicable measures for the purpose of preventing the offences mentioned in Article 1. | ||
2. When, due to the commission of one of the offences mentioned in Article 1, a flight has been delayed or interrupted, any Contracting State in whose territory the aircraft or passengers or crew are present shall facilitate the continuation of the journey of the passengers and crew as soon as practicable, and shall without delay return the aircraft and its cargo to the persons lawfully entitled to possession. | ||
ARTICLE 11 | ||
1. Contracting States shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offences. The law of the State requested shall apply in all cases. | ||
2. The provisions of paragraph 1 of this Article shall not affect obligations under any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mutual assistance in criminal matters. | ||
ARTICLE 12 | ||
Any Contracting State having reason to believe that one of the offences mentioned in Article 1 will be committed shall, in accordance with its national law, furnish any relevant information in its possession to those States which it believes would be the States mentioned in Article 5, paragraph 1. | ||
ARTICLE 13 | ||
Each Contracting State shall in accordance with its national law report to the Council of the International Civil Aviation Organisation as promptly as possible any relevant information in its possession concerning: | ||
( a ) the circumstances of the offence; | ||
( b ) the action taken pursuant to Article 10, paragraph 2; | ||
( 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. | ||
ARTICLE 14 | ||
1. Any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be settled through negotiation, shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organisation of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court. | ||
2. Each State may at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by the preceding paragraph. The other Contracting States shall not be bound by the preceding paragraph with respect to any Contracting State having made such a reservation. | ||
3. Any Contracting State having made a reservation in accordance with the preceding paragraph may at any time withdraw this reservation by notification to the Depositary Governments. | ||
ARTICLE 15 | ||
1. This Convention shall be open for signature at Montreal on 23 September 1971, by States participating in the International Conference on Air Law held at Montreal from 8 to 23 September 1971 (hereinafter referred to as the Montreal Conference). After 10 October 1971, the Convention shall be open to all States for signature in Moscow, London and Washington. Any State which does not sign this Convention before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time. | ||
2. This Convention shall be subject to ratification by the signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, which are hereby designated the Depositary Governments. | ||
3. This Convention shall enter into force thirty days following the date of the deposit of instruments of ratification by ten States signatory to this Convention which participated in the Montreal Conference. | ||
4. For other States, this Convention shall enter into force on the date of entry into force of this Convention in accordance with paragraph 3 of this Article, or thirty days following the date of deposit of their instruments of ratification or accession, whichever is later. | ||
5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of entry into force of this Convention, and other notices. | ||
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). | ||
ARTICLE 16 | ||
1. Any Contracting State may denounce this Convention by written notification to the Depositary Governments. | ||
2. Denunciation shall take effect six months following the date on which notification is received by the Depositary Governments. | ||
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorised thereto by their Governments, have signed this Convention. | ||
DONE at Montreal, this twenty third day of September, one thousand nine hundred and seventy-one in three originals, each being drawn up in four authentic texts in the English, French, Russian and Spanish languages. | ||
PART II | ||
Reservations | ||
Bahrain, Brazil, Bulgaria, Byelorussian Soviet Socialist Republic, China, Czechoslovakia, Egypt, Ethiopia, Guatemala, Hungary, Indonesia, Malawi, Mongolia, Oman, Papua New Guinea, Peru, Poland, Qatar, Romania, Saudi Arabia, South Africa, Syrian Arab Republic, Tunisia, Ukrainian Soviet Socialist Republic and Union of Soviet Socialist Republics. | ||
Reservation made with respect to paragraph 1 of Article 14 of the Convention. | ||
Morocco | ||
In the case of a dispute, all recourse must be made to the International Court of Justice on the basis of the unanimous consent of the parties concerned. | ||
Venezuela | ||
Venezuela will take into consideration clearly political motives and the circumstances under which offences described in Article 1 of this Convention are committed, in refusing to extradite or prosecute an offender, unless financial extortion or injury to the crew, passengers, or other persons has occurred. | ||
GIVEN under the Official Seal of the Government, this 13th day of January, | ||
1989. | ||
CHARLES J. HAUGHEY, | ||
Taoiseach. | ||
EXPLANATORY NOTE. | ||
The effect of this Order (which repeals and replaces all previous Orders concerning the Hague Convention for the Suppression of Unlawful Seizure of Aircraft, 1970 and the Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 1971) is to apply in relation to the countries specified in the First Schedule, the provisions of Part II of the Extradition Act, 1965 (subject in each case to the reservations specified in Part II of the Second Schedule and Part II of the Third Schedule). The purpose of this Order is to enable the extradition of persons in pursuance of the arrangements for extradition entered into by the State with those countries as parties to the Hague Convention for the Suppression of Unlawful Seizure of Aircraft and the Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation. |