The Extradition (Tokyo Convention) Order 1997

Statutory Instruments

1997 No. 1768

EXTRADITION

The Extradition (Tokyo Convention) Order 1997

Made

22nd July 1997

Laid before Parliament

1st August 1997

Coming into force

1st September 1997

At the Court at Buckingham Palace, the 22nd day of July 1997

Present,

The Queen’s Most Excellent Majesty in Council

Whereas the Convention on Offences and Certain Other Acts Committed On Board Aircraft (referred to in this Order as “the Convention” and set out in Schedule 1 to this Order) signed at Tokyo on 14th September 1963 entered into force for the United Kingdom on 4th December 1969:

And whereas Article 16, paragraph 1 of the Convention provides as follows—

“Offences committed on aircraft registered in a Contracting State shall be treated, for the purpose of extradition, as if they had been committed not only in the place in which they have occurred but also in the territory of the State of registration of the aircraft.”:

And whereas section 2(1) of the Tokyo Convention Act 1967(1) provides that for the purposes of the application of the Extradition Act 1870(2) to crimes committed on board an aircraft in flight, any aircraft registered in a country in which the Convention is for the time being in force shall at any time while that aircraft is in flight be deemed to be within the jurisdiction of that country, whether or not it is for the time being also within the jurisdiction of any other country:

And whereas the States specified in Schedule 2 to this Order are foreign Sates in respect of which the Convention is for the time being in force and in relation to which Orders in Council under section 2 of the Extradition Act 1870 are in force:

And whereas the States mentioned in Part I of Schedule 3 to this Order are foreign States in respect of which the Convention is for the time being in force but with which no general extradition arrangements have been made:

And whereas section 22(3) of the Extradition Act 1989(3) provides that where general extradition arrangements have not been made with a State which is a party to the Convention, and no Order in Council under section 2 of the Extradition Act 1870(4) is in force in relation to that State, an Order in Council applying the Extradition Act 1989 may be made under section 4 of that Act as if the Convention constituted general extradition arrangements between the United Kingdom and the foreign State, or any foreign State, party to the Convention:

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 4(1), 22(3) and 37(3) of the Extradition Act 1989, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

(1)

1967 c. 52.

(2)

1870 c. 52; the Act was repealed by the Extradition Act 1989 with the savings set out in section 37 of that Act. For the purpose of those savings the Act has to be read with section 22(1) of the Criminal Justice (International Co-operation) Act 1990 (c. 5).

(3)

1989 c. 33.

(4)

1870 c. 52. Sections 17 and 22 of the Extradition Act 1870 are applied to section 2(1) of the Tokyo Convention Act 1967 (c. 52) by subsection (1) of that section.