Part 1Offences
Ships and aircraft
35Annoyance by flying
(1)
A person subject to service law commits an offence if—
(a)
he flies an aircraft so as to annoy or be likely to annoy any person;
(b)
he can reasonably avoid flying the aircraft as mentioned in paragraph (a); and
(c)
he intends to fly, or is reckless as to whether he flies, the aircraft so as to annoy any person, or he is negligent.
(2)
If a person flies an aircraft in contravention of subsection (1) on the orders of another person who is in command of the aircraft, that other person is for the purposes of this section to be treated as flying the aircraft.
(3)
A person guilty of an offence under this section is liable to any punishment mentioned in rows 3 to 12 of the Table in section 164.