### Aviation Security Ordinance 《航空保安條例》

5. Piracy
For the avoidance of doubt, it is hereby declared that for the purposes of any proceedings before a court in Hong Kong in respect of piracy, the provisions set out in Schedule 2 shall be treated as constituting part of the law of nations and any court in Hong Kong having jurisdiction in respect of piracy committed on the high seas shall have jurisdiction in respect of piracy committed by or against an aircraft wherever that piracy is committed.

[cf. 1967 c. 52 s. 4 U.K.]

6. Provisions as to evidence in connection with aircraft
(1) Where in any proceedings before a court in Hong Kong for an offence committed on board an aircraft the testimony of any person is required and the court is satisfied that the person cannot be found in Hong Kong, there shall be admissible in evidence before that court any deposition relating to the subject matter of those proceedings previously made on oath by that person outside Hong Kong which was so made—
(a) in the presence of the person charged with the offence; and
(b) before a judge or magistrate of a country or a consular officer of the country of nationality of the deponent.
(2) Any such deposition shall be authenticated by the signature of the judge, magistrate or consular officer before whom it was made who shall certify that the person charged with the offence was present at the taking of the deposition.
(3) It shall not be necessary in any proceedings to prove the signature or official character of the person appearing so to have authenticated any such deposition or to have given such a certificate, and such a certificate shall, unless the contrary is shown, be sufficient evidence in any proceedings that the person charged with the offence was present at the making of the deposition.
(4) In this section—
deposition (供詞) includes any affidavit, affirmation, declaration or statement made upon oath;
oath (宣誓) includes an affirmation or declaration in the case of persons allowed by law to affirm or declare instead of swearing.
(5) Nothing in this section shall prejudice the admission as evidence of any deposition which is admissible in evidence apart from this section.

[cf. 1967 c. 52 s. 5 U.K.]

### Aviation Security Ordinance 《航空保安條例》

7. Provisions as to documentary evidence
(1) In any proceedings a document purporting to be certified by such authority or person as may be designated for the purpose of this subsection by the Chief Executive in Council by regulation made under section 53(1) as being, or being a true copy of, or of part of, a document or record so designated shall be evidence of the matters appearing from that document.
(2) In any proceedings under this Ordinance any record made by such authority or person as may be designated for the purpose of this subsection by the Chief Executive in Council by regulation made under section 53(1), or by a person under the control of such authority or person, being a record purporting to show—
(a) the position of any aircraft at any material time; or
(b) the terms or content of any message or signal transmitted to any aircraft, either alone or in common with other aircraft, or received from any aircraft, by the first-mentioned authority or person, or by a person acting under the control of that authority or person,
shall, if produced from the custody of that authority or person, be evidence of the matters appearing from the record.
(Amended 71 of 1999 s. 3) [cf. 1967 c. 52 s. 6 U.K.]

### Aviation Security Ordinance 《航空保安條例》

8. Hijacking
(1) Subject to subsection (2), a person on board an aircraft in flight who unlawfully, by the use of force or by threats of any kind, seizes the aircraft or exercises control of it, commits the offence of hijacking, whatever the country or territory in which the aircraft is registered and whether the aircraft is in Hong Kong or elsewhere.
(2) If both the place of take-off and the place of landing are within the territorial limit of the country or territory in which the aircraft is registered, subsection (1) shall not apply unless—
(a) the person seizing or exercising control of the aircraft is a Hong Kong permanent resident;
(b) his act is committed in Hong Kong; or
(c) the aircraft is registered in Hong Kong.
(3) A person who commits the offence of hijacking is liable on conviction on indictment to imprisonment for life.
(4) If the Chief Executive in Council by order declares— (Amended 71 of 1999 s. 3)
(a) that any 2 or more countries or territories named in the order have established an organization or agency which operates aircraft; and
(b) that one of those countries or territories has been designated as exercising, for aircraft so operated, the powers of the country or territory of registration,
the country or territory declared under paragraph (b) shall be deemed for the purposes of this section to be the country or territory in which any aircraft so operated is registered; but in relation to such an aircraft subsection (2) shall have effect as if it referred to the territorial limit of any one of the countries or territories named in the order.

[cf. 1971 c. 70 s. 1 U.K.]

### Aviation Security Ordinance 《航空保安條例》

9. Destroying, damaging or endangering safety of aircraft
(1) Any person who unlawfully and intentionally—
(a) destroys an aircraft in service or so damages such an aircraft as to render it incapable of flight or as to be likely to endanger its safety in flight; or
(b) commits on board an aircraft in flight any act of violence which is likely to endanger the safety of the aircraft,
commits an offence.
(2) Any person who unlawfully and intentionally places, or causes to be placed, on an aircraft in service any article, device or substance which is—
(a) likely to destroy the aircraft; or
(b) likely so to damage it as to render it incapable of flight or as to be likely to endanger its safety in flight,
commits an offence.
(3) Nothing in subsection (2) shall be construed as limiting the circumstances in which the commission of any act—
(a) may constitute an offence under subsection (1); or
(b) may constitute attempting or conspiring to commit, or aiding, abetting, counselling or procuring the commission of such an offence.
(4) Subsections (1) and (2) apply whether any act mentioned in those subsections is committed in Hong Kong or elsewhere and whatever the country or territory in which the aircraft is registered.
(5) A person who commits an offence under subsection (1) or (2) is liable on conviction on indictment to imprisonment for life.

[cf. 1973 c. 47 s. 1 U.K.]