CHAPTER 449
TOKYO CONVENTION ACT

Arrangement of Sections

   Section

   1.   Short title

   2.   Interpretation

   3.   Application of criminal law to aircraft

   4.   Provisions as to Extradition Act

   5.   Powers of commander of aircraft

   6.   Provisions as to evidence in connection with aircraft

AN ACT

to make provision with a view to ratification on behalf of the Republic of Zambia of the Convention on offences and certain other acts committed on board aircraft signed in Tokyo on the 14th September, 1963; and to provide for purposes connected with the matters aforesaid.

[16th April, 1971]

Act 18 of 1971,

Act 13 of 1994.

1.   Short title

This Act may be cited as the Tokyo Convention Act.

2.   Interpretation

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

“aircraft” means any aircraft, whether or not Zambian-controlled aircraft, other than a military aircraft;

“commander”, in relation to an aircraft, means the member of the crew designated as commander of the aircraft by the operator thereof, or, failing such person, the person who is for the time being the pilot in command of the aircraft;

“convention country” means a country in which the Tokyo Convention is for the time being in force; and the Minister may, by statutory instrument, certify that any country specified in that instrument is for the time being a convention country, and any such statutory instrument for the time being in force shall be conclusive evidence that the country in question is for the time being a convention country, but may be varied or revoked by a subsequent statutory instrument;

“military aircraft” includes any naval, military and air force aircraft, and any aircraft commanded by a person in naval, military or air force service detailed for the purpose of commanding such aircraft;

“operator”, in relation to any aircraft at any time, means the person who at that time has the management of that aircraft;

“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;

“Tokyo Convention” means the convention on offences and certain other acts committed on board aircraft signed in Tokyo on the 14th September, 1963;

“Zambian-controlled aircraft” means an aircraft—

      (a)   which is for the time being registered in Zambia;

      (b)   which is not for the time being registered in any country but in the case of which either the operator of the aircraft or each person entitled as owner to any legal or beneficial interest in it satisfies the following requirements, namely—

      (i)   that he is a person qualified to be the owner of a legal or beneficial interest in an aircraft registered in Zambia; and

      (ii)   that he resides or has his principal place of business in Zambia; or

      (c)   which, being for the time being registered in some other country, is for the time being chartered by demise to a person who or to persons each of whom satisfies the requirements aforesaid.

   (2) For the purposes of this Act, the period during which an aircraft is in flight shall be deemed to include—

      (a)   any period from the moment when power is applied for the purpose of the aircraft taking off on a flight until the moment when the landing run, if any, at the termination of the flight ends; and

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