Aviation Security Law 航空安全法(170)

曝光台 注意防骗 网曝天猫店富美金盛家居专营店坑蒙拐骗欺诈消费者

... (b) the conduct, age or mental or physical state of the passenger is such as to ... (ii) cause discomfort or make himself or herself objectionable to other passengers or (iii) involve any hazard or risk to himself or herself or to other persons or property....593
Too often airlines fail to exercise reasonable discretion to avoidpotentialoffenses from being committed. It is all too common an occurrence that, once airborne, cabin crew members, in the absence of clear instructions from their employer, continue to supply alcohol to passengers even when the signs of impending trouble are obvious.
Airlines are often strangely reluctant to impose the very effective sanction available to them of refusing to carry on the return leg, a passenger who has been troublesome on the outbound leg of his journey. This is a powerful measure of deterrent and each airline should explore the possibility of using it with their own legal adviser.
If potential troublemakers were aware that their disruptive behaviour was likely to be followed not only by effective action by the State authorities but also likely to resultintheirbeing blacklistedbyairlines,itisprobablethatthe aviation community would be advance a considerable distance towards at least preventing the problem of
592Air Navigation Order 1989, S.I. 1989 No. 2004 – Article 52.
593IATA General Conditions of Carriage (passenger and baggage), March 1988 – Article VIII.

crime and unruliness on our aircraft from spiralling out of control. Therefore, the airline industry must embark on a programme of education and persuasion.
D. The Hague Convention on Hijacking 1970
The vast increase in the number of aircraft hijackings and the growth of peril to international civil aviation posed by such incidents, together with the inadequacy of Tokyo Convention led the ICAO Assembly at its 15th Session held in Buenos Aires from 3 to 28 September 1968 to adopt resolution A16-37 on the subject. This Resolution reads as follows:
WHEREAS unlawful seizure of civil aircraft has a serious adverse effect, on the safety,
ef.ciency and regularity of air navigation.
NOTING that Article 11 of the Tokyo Convention on Offenses and Certain Other Acts
Committed on Board Aircraft provides certain remedies for the situation envisaged.
BEING however of the opinion that this Article does not provide a complete remedy.
THE ASSEMBLY
(1)  
URGES all States to become parties as soon as possible to the Tokyo Convention on Offenses and Certain Other Acts Committed on Board Aircraft.

(2)  
INVITES States, even before rati.cation of, or adherence to the Tokyo Convention, to give effect to the principles of Article 11 of that Convention.

(3)  
REQUESTS the Council, at the earliest possible date, to institute study of other measures to cope with the problem of unlawful seizure.

In connection with Clause (3) above, the Council by its resolution of 16 December 1968, decided to refer the question of unlawful seizure to the Legal Committee of ICAO. Thus, the Legal Committee was once again ordered to draft a new Convention on the subject.
The Legal Committee held its .rst session from 10 to 22 February 1969 in Montreal. It considered that the basic objective in its search for a solution to the problem under study should be to deter persons from committing unlawful seizure of aircraft and, more specially, to ensure – as far as practicable – the prosecution and punishment of these persons. The most ef.cient way of attaining this objective would, in the opinion of the Sub-Committee of the Legal Committee, entrusted with the subject, be through an internationalagreement between States (either a protocol to Tokyo Convention or an independent convention) which would be capable of rati.cation or adherence independently of the Tokyo Convention.
On1 December 1970, the draft Convention was submitted to an ICAO Confer-ence at The Hague attendedby 77 States, and there the Convention was adopted on 16 December without any alteration.
　
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