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 his nationality or citizenship, whatever the State of registration of the aircraft and whether the aircraft is in Malaysia or elsewhere.
(2) If the aircraft is used in military, customs or police service, subsection (1) shall not apply unless—
(a) the person seizing or exercising control of the aircraft is a citizen of Malaysia;
(b) his act is committed in or over Malaysia; or
(c) the aircraft is used in the military, customs or police service of Malaysia
Violence against passengers or crew
Any act of violence against the passengers or crew of any aircraft in flight done by any person in connection with the offence of hijacking committed or attempted by him on board such aircraft shall be deemed to have been committed in Malaysia and shall constitute an offence punishable under the law in force in Malaysia applicable thereto, wherever the act of violence was committed, whatever the State of registration of the aircraft and whatever the nationality or citizenship of the person committing the act.
P ART IV
PROVISIONS TO GIVE EFFECT TO THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION SIGNED AT MONTREAL ON 23 SEPTEMBER 1971 AND THE PROTOCOL FOR THE SUPPRESSION OF UNLAWFUL ACTS OF VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION, CONCLUDED AT MONTREAL ON 24 FEBRUARY 1988
Destroying, damaging or endangering safety of aircraft
(1) Subject to subsection (4), any person who unlawfully and intentionally—
(a) destroys an aircraft in service or so damages such aircraft as to render it incapable of flight or as to likely 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 under this Act.
(2) Subject to subsection (4), any person who unlawfully and intentionally places or causes to be placed on an aircraft in service any device or substance which is likely to destroy the aircraft or is 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 under this Act; but nothing in this subsection 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 abetting the commission of such offence.
(3) Except as provided by subsection (4), subsections (1) and
(2) apply whether any such act therein mentioned is committed in Malaysia or elsewhere, whatever the State of registration of the aircraft or whatever the nationality or citizenship of the person committing the act.
(4) Subsections (1) and (2) do not apply to any act committed in relation to an aircraft used in military, customs or police service unless—
(a) the act is committed in or over Malaysia; or
(b) where the act is committed outside Malaysia, the person committing the act is a citizen of Malaysia.
Other acts endangering or likely to endanger the safety of aircraft
(1) Subject to subsections (5) and (6), any person who unlawfully and intentionally destroys or damages any property to which this section applies or interferes with the operation of such property, where the destruction, damage or interference is likely to endanger the safety of an aircraft in flight, commits an offence under this Act.
(2) Subsection (1) applies to any property used for the provision of air navigation facilities including any land, building or ship so used, and including any apparatus or equipment so used, whether it is on board an aircraft or elsewhere.
(3) Subject to subsections (4) and (5), any person who intentionally communicates any information which is false, misleading or deceptive in a material particular, where the communication of the information endangers the safety of an aircraft in flight or is likely to endanger the safety of an aircraft in flight, commits an offence under this Act.
(4) It shall be a defence for a person charged with an offence under subsection (3) to prove—
(a) that he believed, and had reasonable grounds for believing, that the information was true; or
(b) that, when he communicated the information, he was lawfully employed to perform duties which consisted of or included the communication of information and that he communicated the information in good faith in the performance of those duties.
(5) Subsections (1) and (3) do not apply to the commission of any act unless either the act is committed in Malaysia or, where the act is committed outside Malaysia—
(a) the person committing the act is a citizen of Malaysia;
(b) the commission of the act endangers or is likely to endanger the safety in flight of a civil aircraft registered in Malaysia or chartered by demise to a lessee whose principal place of business or, if he has no place of business, whose permanent residence is in Malaysia;
(c) the act is committed on board a civil aircraft which is registered or so chartered; or
(d) the act is committed on board a civil aircraft which lands in Malaysia with the person who committed the act still on board.
(6) Subsection (1) does not apply to any act committed outside Malaysia and so committed in relation to property which is situated outside Malaysia and is not used for the provision of air navigation facilities in connection with international air navigation, unless the person committing the act is a citizen of Malaysia.
(7) In this section, “civil aircraft” means any aircraft other than an aircraft used in military, customs or police service.
Act of violence in relation to airport serving international civil aviation
(1) Subject to subsection (3), a person commits an offence under this Act if he unlawfully and intentionally, using any device, substance or weapon—
(a) commits an act of violence against a person at an airport serving international civil aviation that causes or is likely to couse serious injury or death; or
(b) destroys or seriously damages any facility of an airport serving international civil aviation or aircraft not in service located at the airport or disrupts the services of the airport,
and such an act endangers or is likely to endanger safety at that airport.
(2) Except as provided by subsection (3), subsection (1) applies whether any of the acts mentioned in subsection (1) is committed in Malaysia or elsewhere, whatever the State of registration of the aircraft or whatever the nationality or citizenship of the person committing the act.
(3) Subsection (1) does not apply to any act committed in relation to an aircraft used in military, customs or police service unless—
(a) the act is committed in Malaysia; or
(b) where the act is committed outside Malaysia, the person committing the act is a citizen of Malaysia.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
