Section 5 — AVIATION OFFENCES ACT 1984

(2)

If the commander of an aircraft in flight, wherever that aircraft may be, has reasonable grounds to believe in respect of any person on board the aircraft—

*NOTE—This Act has replaced the Extradition Ordinance 1958 [Ord. 2 of 1958] and the

Commonwealth Fugitive Criminals Act 1967 [Act 54 of 1967]–see section 54 of Act 479.

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(a)

that the person in question has done or is about to do any act on the aircraft while it is in flight which jeopardizes or may jeopardize—

(i)

the safety of the aircraft or of persons or property on board the aircraft; or

(ii)

good order and discipline on board the aircraft; or

(b)

that the person in question has done on the aircraft while in flight any act which in the opinion of the commanders is a serious offence under any law in force in the country in which the aircraft is registered, not being a law of a political nature or based on racial or religious discrimination, then, subject to subsection (4), the commander may take with respect to that person such reasonable measures, including restraint of his person, as may be necessary—

(i)

to protect the safety of the aircraft or of persons or property on board the aircraft;

(ii)

to maintain good order and discipline on board the aircraft; or

(iii)

to enable the commander to disembark or deliver that person in accordance with subsection (5), and, for the purposes of paragraph (b), any Malaysian-controlled aircraft shall be deemed to be registered in Malaysia whether or not it is in fact so registered and whether or not it is in fact registered in some other country.

(3)

Any member of the crew of an aircraft and any other person on board the aircraft may, at the request or with the authority of the commander of the aircraft, and any such member shall if so required by that commander, render assistance in restraining any person whom the commander is entitled under subsection (2) to restrain; and at any time when the aircraft is in flight any such member or other person

(i)

(ii)

(i)

(ii)

(iii)

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may, without obtaining the authority of the commander, take with respect to any person on board the aircraft any such measures as are mentioned in subsection (2) which he has reasonable grounds to believe are immediately necessary to protect the safety of the aircraft or of persons or property on board the aircraft.

(4)

Any restraint imposed on any person on board an aircraft under the powers conferred by this section shall not be continued after the time when the aircraft first ceases to be in flight unless before or as soon as is reasonably practicable after that time the commander of the aircraft causes notification of the fact that a person on board the aircraft is under restraint and of the reasons therefor to be sent to an appropriate authority of the country in which the aircraft so ceases to be in flight, but subject to such notification, such restraint may be continued after that time—

(a)

for any period, including the period of any further flight, between that time and the first occasion thereafter on which the commander is able with any requisite consent of the appropriate authorities to disembark or deliver the person under restraint in accordance with subsection (5);

or

(b)

if the person under restraint agrees to continue his journey under restraint on board that aircraft.

(5)

The commander of an aircraft—

(a)

if, in the case of any person on board the aircraft, he has reasonable grounds—

(i)

to believe as mentioned in paragraph (2)(a); and

(ii)

to believe that it is necessary so to do in order to protect the safety of the aircraft or of persons or property on board the aircraft or to maintain good order and discipline on board the aircraft, may disembark that person in any country in which that aircraft may be; and

(i)

(ii)

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(b)

if, in the case of any person on board the aircraft, he has reasonable grounds to believe as mentioned in paragraph (2)(b), may deliver that person—

(i)

in Malaysia to a police officer or an immigration officer; or

(ii)

in any other country which is a Convention country, to an officer having functions corresponding to the functions either of a police officer or of an immigration officer in Malaysia.

(6)

The commander of an aircraft—

(a)

if he disembarks any person in pursuance of paragraph (5)(a) in the case of a Malaysian-controlled aircraft, in any country or, in the case of any other aircraft, in Malaysia, shall report the fact of, and the reasons for, that disembarkation to an appropriate authority in the country of disembarkation; and

(b)

if he intends to deliver any person in accordance with paragraph (5)(b) in Malaysia or, in the case of a

Malaysian-controlled aircraft, in any other country which is a Convention country, shall before or as soon as reasonably practicable after landing give notification of his intention and of the reasons therefor, where the country in question is Malaysia, to a police officer or an immigration officer or, in the case of any other country which is a Convention country, to an officer having functions corresponding to the functions either of a police officer or of an immigration officer in Malaysia, and any commander of an aircraft who without reasonable cause fails to comply with the requirements of this subsection commits an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand ringgit.

(i)

(ii)

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Provisions as to evidence in connection with aircraft