Tokyo Convention 1963 (Page-1)

Tokyo Convention 1963

Convention on Offenses and certain other Acts Committed on board Aircraft, Tokyo, 14th September, 1963

the states parties' to this Convent

•

have agreed as follows: For parties see Appendix A.

chapter I

scope of the convention

Article 1

(1)      This Convention shall apply in respect of:

(a)                    offenses against penal law;

(b)                    acts which, whether or not they are offenses, may or do jeopardize die safety
of- die aircraft or of persons or property therein or which jeopardize good order
and discipline on board.

(2)                   Except as provided in Chapter HI, this Convention shall apply in respect of offenses
committed or acts done by a person on board any aircraft registered in a Contracting State,
while that aircraft is in flight or on the surface of the high seas or of any other area outside
die territory of any State.

(3)                   For the purposes of this Convention, an aircraft is considered to be in flight from
die moment when power is applied for die purpose of take-off until the moment when the
landing run ends.

(4)                   This Convention shall not apply to aircraft used in military, customs or police
services.

Article 2

Without prejudice to the provisions of Article 4 and except when die safety of die aircraft or of persons or property on board so requires, no provision of this Convention shall be interpreted as audio rising-or requiring any action in respect of offenses against penal laws of a political nature or those based on racial or religious discrimination.

chapter II jurisdiction

Article 3

(1)        The State of registration of the aircraft is competent to exercise jurisdiction over
  offensesand acts committed on board.

(2)        Each Contracting State shall take such measures as may be necessary to establish
its jurisdiction as die State of registration over offenses committed on board aircraft
registered in such State.

(3)                   This Convention does not exclude any criminal jurisdiction exercised in accordance
with national law.

Article 4

A Conn-acting State which is not the State of Registration may not interfere with an aircraft in flight in order to exercise its criminal jurisdiction over an offense committed on board except in the following cases:

(a)         the offense has effect on the territory of such State;

(b)         the offense has been committed by or against a national or permanent resident
of such State;

(r)      the offense is against the security of such State;

(d)         the offense consists of a breach of any rules or regulations relating to the flight
or manoeuvrings of aircraft in force in such State;

(e)          the exercise of jurisdiction is necessarily to ensure the observance of any
obligation of such State under a multilateral international agreement.

chapter III

powers of the aircraft commander

Article 5

(1)        The provisions of this Chapter shall not apply to offenses and acts committed or
about to be committed by a person on board an aircraft in flight in the airspace of the State
of registration or over the high seas or any other area outside the territory of any State
unless the last point of take-off or the next point of intended landing is situated in a State
other than that of registration, or die aircraft subsequently flies in die airspace of a State
order than dial of registration with such person still on board.

(2)                   Notwithstanding the provisions of Article 1. paragraph (3), an aircraft shall for die
purposes of this Chapter, be considered to be in flight at any time from die moment when
all its external doors are closed following embarkation until the moment when any such
door is opened for disembarkation. In die case of a forced landing, die provisions of this
Chapter shall continue to apply with respect to offenses and acts committed on board until
competent authorities of a State take over the responsibility for die aircraft and for die
persons and property on board.

Article 6

(1) The aircraft commander may, when he has reasonable grounds to believe that a person has committed, or is about to commit, on board the aircraft, an offense or act contemplated in Article 1, paragraph (1). impose upon such person reasonable measures including restraint which are necessary:

(a)      to protect die safety of die aircraft, or of persons or property therein; or

(b)                    to maintain good order and discipline on board; or 

(c)                     to enable him to deliver such person to competent authorities or to disembark

him in accordance with die provisions of this Chapter.

(2) The aircraft commander may require or authorize the assistance of other crew members and may request or authorise, but not require, the assistance of passengers to restrain any person whom he is entitled to restrain. Any crew member or passenger may also take reasonable preventive measures without such authorization when he has reasonable grounds to believe that such action is immediately necessary to protect the safety of die aircraft, or of persons or property therein. .

Article 7

(1)     Measures of restraint imposed upon a person in accordance with Article 6 shall not
be continued beyond any point at which die aircraft lands unless:

(a)                    such point is in the territory of a non-Contracting State and its authorities
refuse to permit disembarkation of that person or those measures have been
imposed in accordance with Article 6, paragraph (1) (c) in order to enable his
delivery to competent authorities;

(b)                    die aircraft makes a forced landing and die aircraft commander is unable to
deliver that person to competent authorities; or

(c)                     diat person agrees to onward carriage under restraint.

(2)      The aircraft commander shall as soon as practicable, and if possible before landing
in die territory of a State with a person on board who has been placed under restraint in
accordance withdrew provisions of Article 6, notify the authorities of such State of the fact
  thata person on board is under restraint and of the reasons for such restraint.

Article 8

(f) The aircraft commander may, in so far as it is necessary for die purpose of sub paragraph (a) or (b) of paragraph (1) of Article 6, disembark in die territory of any state in which the aircraft lands any person who he has reasonable grounds to believe has committed, or is about to commit, on board die aircraft an act contemplated in Article 1, paragraph (1) (b).

(2) The aircraft commander shall report to die authorities of the State in which he disembarks any person pursuant to diis Article, the fact of, and die reasons for, such disembarkation.

, Article 9

(1)        The aircraft commander may deliver to die competent authorities of any Contract­
ing State in die territory of which the aircraft lands any person who he has reasonable
grounds to believe has committed on board die aircraft an act which, in his opinion, is a
serious offense according to die penal law of the State of registration of die aircraft.

(2)        The aircraft commander shall as soon as practicable and if possible before landing
in the territory of a Contracting State with a person on board whom the aircraft
commander intends to deliver in accordance with die preceding paragraph, notify die
authorities of such State of his intention to deliver such person and die reasons therefor.

(3)                   The aircraft commander shall furnish  die authorities to  whom any suspected
offender is delivered in accordance with die provisions of this Article with evidence and
information which, under die law of die State of registration of the aircraft, are lawfully in
his possession.