Tokyo Convention Act

• Coming into Force: 30 March 1987
• copyrightNote: © Singapore legislation sourced from Singapore Statutes Online. It is subject to copyright of the Singapore Government and is reproduced with the permission of the Attorney-General’s Chambers of Singapore.
• Enactment Date: 01 January 1972
• Published date: 30 March 1987
• Record Number: Cap. 327
• Act Number: (Original Enactment: Act 12 of 1971)

Tokyo Convention Act

(CHAPTER 327)

(Original Enactment: Act 12 of 1971)

REVISED EDITION 1985

(30th March 1987)

An Act to give effect to the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, and the Protocol to Amend the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Montreal on 4 April 2014, and for purposes connected with the Convention or Protocol. [Act 32 of 2018 wef 15/09/2018]

[1st January 1972]

Short title

1. This Act may be cited as the Tokyo Convention Act.

Interpretation

2.—(1) In this Act, unless the context otherwise requires — “aircraft” means any aircraft, whether or not a Singapore-controlled aircraft, other than — (a) a military aircraft; or (b) an aircraft which, not being a 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 Singapore and includes a consul-general, consul, pro-consul and consular agent of Singapore; “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; “military aircraft” means an aircraft of the naval, military or air forces of any country; “Montreal Protocol” means the Protocol to Amend the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Montreal on 4 April 2014; [Act 32 of 2018 wef 15/09/2018] “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; “Protocol country” means a country which has been declared by the Minister, by notification in the Gazette, to have ratified or acceded to the Montreal Protocol, and has not been so declared to have denounced the Montreal Protocol; [Act 32 of 2018 wef 15/09/2018] “Singapore-controlled aircraft” means an aircraft — (a) which is for the time being registered in Singapore; or (b) which is leased without crew to a lessee whose principal place of business, or (if the lessee has no such place of business) whose permanent residence, is in Singapore; [Act 32 of 2018 wef 15/09/2018] “Tokyo Convention” means the Convention on Offences and certain other Acts Committed on board Aircraft, signed at Tokyo on 14th September 1963. (2) For the purposes of this Act, an aircraft is in flight — (a) from the time when all external doors of the aircraft are closed following embarkation for a flight until the time when any such door is opened for disembarkation; (b) if the aircraft makes a forced landing in any country or territory other than Singapore, from the time when all external doors of the aircraft are closed following embarkation for a flight until the time when the competent authorities of the country or territory in which the forced landing takes place take over responsibility for the aircraft and for the persons and property on board the aircraft; and (c) if the aircraft makes a forced landing in Singapore, from the time when all external doors of the aircraft are closed following embarkation for a flight until the time when a police officer arrives at the place of landing, and any reference in this Act to an aircraft in flight includes a reference to an aircraft during any period when the aircraft is on the surface of the sea or land but not within the territorial limits of any country. [Act 32 of 2018 wef 15/09/2018] (3) 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. (4) If the Minister is satisfied that the requirements of Article 18 of the Tokyo Convention have been satisfied (which Article makes provision as to the country which is to be treated as the country of registration of certain aircraft operated by joint air transport organisations or international operating agencies established by two or more Convention countries) the Minister may, by notification published in the Gazette, provide that for the purposes of this Act such aircraft as may be specified in the notification shall be treated as registered in such Convention country as may be so specified.

Application of criminal law to certain act or omission on aircraft

3.—(1) Any act or omission taking place on board a Singapore-controlled aircraft while in flight elsewhere than in or over Singapore which, if taking place in Singapore, would constitute an offence under the law in force in Singapore, shall constitute that offence. [Act 32 of 2018 wef 15/09/2018] (1A) If — (a) any act or omission taking place on board any aircraft (not being a Singapore‑controlled aircraft) while in flight elsewhere than in or over Singapore which, if taking place in Singapore, would constitute an offence under the law in force in Singapore; and (b) the aircraft subsequently lands in Singapore with the person who committed the act or omission still on board the aircraft, the act or omission constitutes that offence. [Act 32 of 2018 wef 15/09/2018] (1B) Subsections (1) and (1A) do not apply to any act or omission which is expressly or impliedly authorised by or under the law in force in Singapore when taking place outside Singapore. [Act 32 of 2018 wef 15/09/2018] (2) No proceedings for any offence under the law in force in Singapore committed on board an aircraft while in flight elsewhere than in or over Singapore other than an offence under the Air Navigation Act [Cap. 6] or any subsidiary legislation made thereunder shall be instituted in Singapore except by or with the consent of the Public Prosecutor. [15/2010 wef 02/01/2011] (3) Subsection (2) shall not prevent the arrest, or the issue of a warrant for the arrest, of any person in respect of any offence, or the remanding in custody or on bail of any person charged with any offence. (4) For the purpose of conferring jurisdiction, any offence under the law in force in Singapore committed on board an aircraft in flight shall be deemed to be committed in Singapore. [Act 32 of 2018 wef 15/09/2018]

Provisions as to extradition

4.—(1) For the purposes of the application of the Extradition Act (Cap. 103) to crimes committed on board an aircraft in flight, any offence committed on board any aircraft in flight is to be treated as if it had been committed not only in the place at which the offence occurred, but also within the territory of — (a) a Convention country in which the aircraft is registered; (b) a Convention country (being also a Protocol country) in which the lessee of the aircraft leased without crew has its principal place of business or, if the lessee has no such place of business, has its permanent residence; or (c) a Convention country (being also a Protocol country) in which the aircraft lands, with the offender still on board. (2) For the purposes of subsection (1), it does not matter whether the aircraft mentioned in that subsection is for the time being also within the jurisdiction of any other country. [Act 32 of 2018 wef 15/09/2018]

Powers of commander of aircraft

5.—(1) Subsections (2), (3), (4) and (5) shall have effect for the purposes of any proceeding before any court in Singapore. (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 — (a) that the person in question has done or is about to do any act on the aircraft while it is in flight which jeopardises or may jeopardise — (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 commander is a serious offence, [Act 32 of 2018 wef 01/01/2020] 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). [Act 32 of 2018 wef 01/01/2020] (3) The commander of an aircraft may — (a) require or authorise any member of the crew of the aircraft; or (b) request or authorise (but not require) any passenger, or air marshal, on board the aircraft, to render assistance in restraining any person whom the commander is entitled under subsection (2) to restrain. [Act 32 of 2018 wef 01/01/2020] (3A) At any time when an aircraft is in flight, any member of the crew of the aircraft or any passenger on board the aircraft may, without being authorised by the commander, take any measures mentioned in subsection (2) against any person on board the aircraft which the member of the crew or passenger has reasonable grounds to believe are immediately necessary to protect the safety of the aircraft, or of persons or property on board the aircraft. [Act 32 of 2018 wef 01/01/2020] (3B) At any time when an aircraft is in flight, any air marshal on board the aircraft may, without being authorised by the commander, take any measures mentioned in subsection (2) against any person on board the aircraft which

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