CHAPTER 7:03
HIJACKING

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
AIR TRANSPORTATION

   3.   Offences against aircraft and penalty for such offences

   4.   Acts in relation to aircraft taking place outside Malawi

   5.   Jurisdiction in regard to offences under section 4(2)

   6.   Extradition

   7.   Powers of commander of aircraft and certain other persons

   8.   Admissibility of certain statements as evidence

   9.   Aircraft to which Part shall not apply

PART III
LAND AND WATER TRANSPORTATION

   10.   Offences against motor vehicles, trains and vessels and penalty

   11.   Acts taking place outside Malawi on board vessels

   12.   Acts taking place outside Malawi on motor vehicles or trains

   13.   Jurisdiction in regard to offence under section 12

PART IV
MISCELLANEOUS

   14.   Consent of the Director of Public Prosecutions

   15.   Provisions of Act to be additional

19 of 1972

An Act to provide for the prevention and punishment of unlawful acts against aircraft, motor vehicles, trains and vessels and, in relation to aircraft, to give effect to the Convention on Offences and certain other Acts Committed on board Aircraft, the Convention for the Suppression of Unlawful Seizure of Aircraft, and the Convention for the Suppression of unlawful Acts against the Safety of Civil Aviation; and for purposes connected therewith or incidental thereto

[31ST DECEMBER 1972]

PART I
PRELIMINARY

1.   Short title

    This Act may be cited as the Hijacking Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

   “aircraft” means any machine that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the surface of the earth;

   “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;

   “Convention country” means a country in which either the Convention on Offences and certain other Acts Committed on board Aircraft signed at Tokyo on 14th September, 1963, or the Convention for the Suppression of Unlawful Seizure of Aircraft signed at The Hague on 16th December, 1970, or the Convention for the Suppression of unlawful Acts against the Safety of Civil Aviation signed at Montreal on 23rd September, 1971, is for the time being in force;

   “immigration officer” bears the meaning ascribed to that term in section 2 of the Immigration Act;

   “Malawian aircraft” means an aircraft registered in Malawi and includes any aircraft that is operated by joint air transport operating organizations or international operating agencies established by the Government and any other Convention country if such last-mentioned aircraft has been declared by the Minister, by notice published in the Gazette, to be a Malawian aircraft;

   “Malawian vessel” means a vessel registered under Part I of the Inland Waters Shipping Act;

   “motor vehicle” bears the meaning ascribed to that term by the Road Traffic Act;

   “oath” includes an affirmation or declaration in the case of persons allowed by the law of any country concerned to affirm or declare instead of swearing;

   “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;

   “train” means any railway engine, carriage, waggon or truck or other railway rolling stock no matter how propelled whether as a single unit or as a combination of units;

   “vessel” includes a ship, boat and every other kind of vessel used in navigation either on the sea or in inland waters.

   (2) For the purposes of this Act an aircraft shall be deemed to be in flight—

   (a)   at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation or, if the aircraft makes a forced landing, until the competent authorities of the country in which the landing takes place take over the responsibility for the aircraft and for the persons and property on board;

   (b)   during any period when it is on the surface of the sea or land but not within the territorial limits of any country.

   (3) For the purposes of this Act an aircraft shall be deemed to be in service—

   (a)   from the beginning of the preflight preparation of such aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing; and

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