Section 2
Section 2
(1)
In this Act, unless the context otherwise requires —
“aircraft” means any aircraft, whether or not a Brunei-controlled aircraft, other than —
(a)
a military aircraft; or
(b)
an aircraft which, not being a military aircraft, is exclusively employed in the service of the Government;
“Brunei-controlled aircraft” means an aircraft —
(a)
which is registered in Brunei Darussalam; or
(b)
which, being registered in some other country, has been chartered by demise to a person who, or to persons each of whom, satisfies the following requirements —
(i)
that he is a person qualified to be the owner of a legal or beneficial interest in an aircraft registered in Brunei Darussalam; and
(ii)
that he resides or has his principal place of business in Brunei Darussalam;
“commander”, in relation to an aircraft, means the member of the crew designated as commander of that aircraft by the person who at that time had the management thereof or, failing such a person, the person who is for the time being in charge of the piloting of
Tokyo Convention 4 2008 Ed.
the aircraft without being under the direction of any other pilot in the aircraft;
“consular officer” means a consular officer, consul-general, consul, pro-consul or consular agent of Brunei Darussalam;
“Convention country” means a country which has for the time being been declared by the Minister, by notification published in the Gazette, to have ratified or acceded to the Tokyo Convention;
“immigration officer” means a person appointed under section 3
of the Immigration Act (Chapter 17);
“landing” includes alighting on water;
“military aircraft” means an aircraft of the naval, military or air forces of any country;
“Tokyo Convention” means the Convention on Offences and certain other Acts Committed on board Aircraft, signed at Tokyo on 14th September 1963.
(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 that flight ends; and
(b)
for the purpose of section 5 —
(i)
any further period from the moment when all external doors, if any, of the aircraft are closed following embarkation for a flight until the moment when any such door is opened for disembarkation after that flight; and
(ii)
if the aircraft makes a forced landing, any period thereafter until the time when a competent authority of the country in which the forced landing is made takes over responsibility for the aircraft and for the persons and property on board the aircraft (being, if the forced landing is made in Brunei Darussalam, the time when a police officer arrives at the place of landing),
Tokyo Convention 5 2008 Ed.
and any reference in this Act to an aircraft in flight shall be deemed to include a reference to an aircraft during any period when it is on the surface of the sea or land but not within the territorial limits of any country.
(3)
In this Act, unless the context otherwise requires, any reference to a country or the territorial limits thereof shall be construed as including a reference to the territorial waters, if any, of that country.
(4)
If the Minister is satisfied that the requirements of Article 18 of the Tokyo Convention have been satisfied (which Article makes provision as to the country which is to be treated as the country of registration of aircraft operated by joint air transport operating organisations or international operating agencies established by 2 or more Convention countries) he may, by notification published in the Gazette, provide that for the purposes of this
Act such aircraft as may be specified in the notification shall be treated as registered in such Convention country as may be so specified.
Application of criminal law to aircraft.