Singapore legislation

Clause 6

of Tokyo Convention (Amendment) Bill

Clause 6

Amendment of section 5

Section 5 of the principal Act is amended —

(a)

by deleting paragraph (b) of subsection (2) and substituting the following paragraph:“(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,”;

(b)

by deleting the comma at the end of subsection (2)(iii) and substituting a full‑stop;

(c)

by deleting the words “and for the purposes of paragraph (b) any Singapore‑controlled aircraft shall be deemed to be registered in Singapore whether or not it is in fact so registered and whether or not it is in fact registered in some other country.” in subsection (2);

(d)

by deleting subsection (3) and substituting the following subsections:“(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.(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.(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 the air marshal has reasonable grounds to believe are immediately necessary to protect the safety of the aircraft, or of persons on board the aircraft from —

(a)

any act of unlawful interference; or

(b)

the commission of any serious offence.(3C) The measures taken by an air marshal in relation to the commission of any serious offence mentioned in subsection (3B)(b) are subject to any agreement between Singapore and a Protocol country relating to the deployment of air marshals on board an aircraft for ensuring the security of the aircraft and persons on board the aircraft.”; and

(e)

by inserting, immediately after subsection (6), the following subsections:“(7) In this section and section 6A, “air marshal” means an individual who is appointed —

(a)

an air marshal under section 61 of the Police Force Act (Cap. 235); or

(b)

an air marshal (or by whatever name called) under the law of any Protocol country with whom Singapore has an agreement relating to the deployment of air marshals on board an aircraft for ensuring the security of the aircraft and persons on board the aircraft.(8) In this section, “act of unlawful interference” means the doing or attempting to do anything such as to jeopardise the safety of civil aviation and air transport, and includes any of the following:

(a)

unlawful taking control of an aircraft by force, or threat of force, or any other form of intimidation or by any trick or false pretence;

(b)

destroying an aircraft that is in service;

(c)

hostage‑taking on board an aircraft or at an airport;

(d)

forcible intrusion on board an aircraft, at an airport or on the premises of an aeronautical facility that puts the safety of the aircraft, or any person on board or outside the aircraft, at risk;

(e)

introducing on board an aircraft or at an airport a weapon or hazardous device or material intended for criminal purposes;

(f)

use of an aircraft in service for the purpose of causing death, serious bodily injury or serious damage to property or the environment;

(g)

putting the safety of an aircraft in flight or on the ground, or of passengers, crew, ground personnel or the general public, at an airport or on the premises of a civil aviation facility at risk by communicating false or misleading information.”.