Aviation Security Law 航空安全法(102)

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In addition, due to the fact that security emphasized at article 2.2 of Annex9 on Facilitation, Annex 17 on Security also stipulates the importance of its collateral concept at the recommended practice 2.2: “Each Contracting State should when-ever possible arrange for security controls and procedures to cause a minimum of interference with, or delay to the activities of civil aviation provided the effective-ness of these controls and procedures is not compromised,”343 which corresponds to the obligation by States for proper control set forth within the Chicago Convention at its article 13.344 Each State can therefore exercise an effective control on the individuals crossing the border. However, the fundamental right of privacy of mankind is governed on principles of the right to be informed as to which public
340McMunn(1996, p. 7).
341“The Facilitation programme has taken a proactive stance against law enforcement problems,
particularly narcotics traf.cking and travelby inadmissible passengers.[...]At its .rst meeting in
1997, the ICAO Facilitation Panel will review all of the Annex9provisions related to inadmissible

passengers and will attempt to devise some means to implement them more effectively”. McMunn
(1996, p. 9).
342ICAO Secretariat, “Facilitation Panel Fourth Meeting Information Paper” (Montreal, 2–5 April

2002), ICAO Doc FAL/4-IP/3. This paper was .rst introduced to the High-Level Ministerial
Conference of February 2002 (1P/1).

343Abeyratne(1998, p. 78).
344Chicago Convention, Article 13: “The laws and regulations of a contracting State as to the
admission to or departure of its territory of passengers, crew or cargo of aircraft, such as
regulations relating to entry, clearance, immigration, passports, customs, and quarantine shall be
complied with by or on behalf of such passengers, crew or cargo upon entrance into or departure
from, or while within the territory of that State”.

agency should be entitled to dispose of such information as well as the content of such data tracing versus the public’s recognized right to justify under national security such a process.345 It is therefore tantamount to conduct proper automated procedures rather than collect manually data by ground staff.
This API summary will serve as an introduction to the concept of advance passenger information and biometrics procedures, a comparative studyof its appli-cations both by public entities as well as the .nancial and legalimplications of such transmission of data on air carriers and border control agencies as well as these new methods of identi.cation.
Theconclusion willbe todemonstrate thatsecurity and facilitation are both complimentary concepts. In fact, as Annex 9 and Annex 17 of the Chicago Convention explicitly state, the concept of aviation security and facilitation are inter-related and form an intertwined relationship: “[...] the relationship betweenfacilitation and securityat airports shouldnotbeseenasa ‘trade-off’ or a ‘balance’ between adversarial programmes. Rather, the enhancement of one results in enlargement of the success of the other.”346 In addition, the composite opinion objective by ICAO’s Facilitation Section in regards to security and facilitation annexes is: “[...] that legitimate – and only legitimate – traf.c be boarded onaircraft, carriedby air andcleared to crossinternational boundaries, safely andingoodtime.”347
2. De.nition
The concept of advance passenger information involves the capture of passport details by the carrier prior to departure and the transmission of the details by electronic means to the authorities at destination. With this capture, the authorities can screen the passengers by their databases in order to identify potentially high-risk individuals. The positive aspect is to reduce congestion at airports and conse-quently decrease delays inborder control processing.348
　
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