Singapore legislation
Clause 7
of Hijacking of Aircraft and Protection of Aircraft and International Airports (Amendment) Bill
Clause 7
New sections 5A to 5D
The principal Act is amended by inserting, immediately after section 5, the following sections:“Using aircraft to cause death, serious bodily injury, etc.5A.—
Subject to subsection (3), a person who unlawfully and intentionally uses an aircraft in service for the purpose of causing death, serious bodily injury or serious damage to property or the environment shall be guilty of an offence.(2) Except as provided in subsection (3), subsection (1) applies whether the act mentioned in subsection (1) is committed in Singapore or elsewhere, whatever the nationality or citizenship of the person committing the act or whatever the State in which the aircraft is registered.(3) Subsection (1) does not apply to any act committed in relation to an aircraft used in military, customs or police service unless —
the act is committed in or over Singapore;
where the act is committed outside Singapore, the person committing the act is a citizen of Singapore; or
the aircraft is used in the military, customs or police service of the Republic of Singapore.Release of BCN weapon, etc., from aircraft5B.—
Subject to subsection (3), a person who unlawfully and intentionally releases or discharges from an aircraft in service —
any BCN weapon; or
any explosive, radioactive or similar substances,in a manner that causes or is likely to cause death, serious bodily injury or serious damage to property or the environment shall be guilty of an offence.(2) Except as provided in subsection (3), subsection (1) applies whether the act mentioned in subsection (1) is committed in Singapore or elsewhere, whatever the nationality or citizenship of the person committing the act or whatever the State in which the aircraft is registered.(3) Subsection (1) does not apply to any act committed in relation to an aircraft used in military, customs or police service unless —
the act is committed in or over Singapore;
where the act is committed outside Singapore, the person committing the act is a citizen of Singapore; or
the aircraft is used in the military, customs or police service of the Republic of Singapore.Using BCN weapon, etc., against or on board aircraft5C.—
Subject to subsection (3), a person who unlawfully and intentionally uses against or on board any aircraft in service —
any BCN weapon; or
any explosive, radioactive or similar substances,in a manner that causes or is likely to cause death, serious bodily injury or serious damage to property or the environment shall be guilty of an offence.(2) Except as provided in subsection (3), subsection (1) applies whether the act mentioned in subsection (1) is committed in Singapore or elsewhere, whatever the nationality or citizenship of the person committing the act or whatever the State in which the aircraft is registered.(3) Subsection (1) does not apply to any act committed in relation to an aircraft used in military, customs or police service unless —
the act is committed in or over Singapore;
where the act is committed outside Singapore, the person committing the act is a citizen of Singapore; or
the aircraft is used in the military, customs or police service of the Republic of Singapore.Transporting or facilitating transport of BCN weapon, etc., on board aircraft5D.—
Subject to subsections (3) and (4), a person who unlawfully and intentionally transports or causes to be transported, or facilitates the transport of, any of the following on board an aircraft shall be guilty of an offence:
any explosive or radioactive material, knowing that it is intended to be used to cause, or in a threat (whether with or without a condition) to cause, death or serious injury or damage for the purpose of intimidating a population, or compelling a government or an international organisation to do or to abstain from doing any act;
any BCN weapon which the person knows to be a BCN weapon;
any source material, special fissionable material, or equipment or material specially designed or prepared for the processing, use or production of special fissionable material, knowing that it is intended to be used in a nuclear explosive activity or in any other nuclear activity not under safeguards pursuant to a Safeguards Agreement with the International Atomic Energy Agency;
any equipment, materials or software or related technology that significantly contributes to the design, manufacture or delivery of a BCN weapon without lawful authorisation and with the intention that it will be used for such purpose.(2) Except as provided in subsections (3) and (4), subsection (1) applies whether the act mentioned in subsection (1) is committed in Singapore or elsewhere, whatever the nationality or citizenship of the person committing the act or whatever the State in which the aircraft is registered.(3) Subsection (1)(c) and (d) does not apply to, or in relation to, the transport of any item mentioned in those provisions if the transport —
involves an activity undertaken by a State party to the Convention on the Suppression of Unlawful Acts relating to International Civil Aviation signed at Beijing on 10 September 2010, or any person authorised by that State party; and
is consistent with, or is for a use or an activity that is consistent with, that State party’s rights, responsibilities and obligations under any multilateral non-proliferation treaty which that State is party to.(4) Subsection (1) also does not apply to any act committed in relation to an aircraft used in military, customs or police service unless —
the act is committed in or over Singapore;
where the act is committed outside Singapore, the person committing the act is a citizen of Singapore; or
the aircraft is used in the military, customs or police service of the Republic of Singapore.”.