Section 2 — AVIATION OFFENCES ACT 1984

(a)

any act done in Malaysia which constitutes the offence as specified in the Schedule; and

(b)

any act done outside Malaysia which, if done in Malaysia, would constitute such an offence as is mentioned in paragraph (a);

―aircraft‖ means any aircraft, whether or not a Malaysian-controlled aircraft, other than—

(a)

a military aircraft; or

(b)

an aircraft which, not being military aircraft, is exclusively employed in the service of the Government;

―commander‖, in relation to an aircraft, means the member of the crew designated as commander of that aircraft by the operator thereof or, failing such a person, the person who is for the time being the pilot in command of the aircraft;

―consular officer‖ means a consular officer of Malaysia and includes a consul general, consul, proconsul and consular agent of

Malaysia;

―Convention country‖ means a country which has been declared by the Minister, by notification published in the Gazette, to have ratified or acceded to the Tokyo Convention, and has not been so declared to have denounced the Tokyo Convention;

―landing‖ includes alighting on water;

―Malaysian-controlled aircraft‖ means an aircraft—

(a)

which is for the time being registered in Malaysia; or

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(b)

which, being for the time being registered in some other country, is for the time being chartered by demise to a person who, or to persons each of whom, 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 Malaysia; and

(ii)

that he resides or has his principal place of business in Malaysia;

―military aircraft‖ means an aircraft of the naval, military or air forces of any country;

―military service‖ includes naval and air force services;

―operator‖, in relation to any aircraft at any time, means 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;

―the Convention‖ means—

(a)

in relation to Part III, the Convention for the Suppression of Unlawful Seizure of Aircraft signed at The Hague on 16 December 1970;

(b)

in relation to Part IV, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation signed at Montreal on 23 September 1971;

―Tokyo Convention‖ means the Convention on Offences and

Certain other Acts Committed on Board Aircraft signed at Tokyo on 14 September 1963;

(i)

(ii)

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―unlawfully‖—

(a)

in relation to the commission of an act in Malaysia, means an offence that is constituted under any law in force in

Malaysia; and

(b)

in relation to the commission of an act outside Malaysia, means the commission of the act that would have been an offence under any law in force in Malaysia had it been committed in Malaysia.

(2)

For the purposes of Part II, 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, if any, at the termination of that flight ends; and

(b)

for the purposes of section 5—

(i)

any further period from the moment when all external doors, if any, of the aircraft are closed following embarkation for a flight until the moment when any such door is opened for disembarkation after that flight;

(ii)

if the aircraft makes a forced landing, any period thereafter until the time when competent authorities of the country in which the forced landing takes place take over the responsibility for the aircraft and for the persons and property on board the aircraft being, if the forced landing takes place in Malaysia, the time when a police officer arrives at the place of landing, and any references in this Act to an aircraft in flight shall include a reference to an aircraft during any period when it is on the surface of the sea or land but not within the territorial limits of any country.

(i)

(ii)

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(3)

For the purposes of Parts III and IV—

(a)

the period during which an aircraft is in flight shall be deemed to include any period 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, any period until the competent authorities take over responsibility for the aircraft and for persons and property on board; and

(b)

an aircraft shall be taken to be in service during the whole of the period which begins with the pre-flight preparation of the aircraft for a flight and ends twenty four hours after the aircraft lands having completed that flight, and that period shall in any event include the entire period during which the aircraft is in flight as specified in paragraph (a).

(4)

In this Act, unless the context otherwise requires, any reference to a country or the territorial limits thereof shall be construed as including a reference to the territorial waters, if any, of that country.