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III. Other Provisions
The Hague Convention imposed further obligations on the Contracting State to preserve the security and ef.ciency of air transport. States are obliged to take reasonable measures to restore control of aircraft to its lawful commander or to preserve his control over it and to facilitate the continuation of the journey of the passenger and the crew. In addition, States are obliged to return the aircraft and its cargo to those entitled without delay (Article 9) and report promptly as possible to the Council of ICAO any relevant information (Article 11).
Article 10 imposes an obligation on the Contracting States to give one another the greatest measure of assistance in connection with the criminal proceedings.
When comparing the contents of the Hague Convention with that of the Tokyo Convention, one observes that the two Conventions overlap and are even contra-dictory on some issues and their inter-relation is far from clear.
The Hague Convention may be considered as a signi.cant step forward in the endeavour of the international community to suppress the hijacking of aircraft and remove the threat caused by it to international civil aviation. The Convention has enlargedthe number of the States competent to exercise jurisdiction over a hijacker and included the introduction of new basis for the exercise of jurisdiction of the State where the charterer of an aircraft has his principal place of business or permanent residence.
Another encouraging fact is that the Hague Convention grants every Contracting State the power to exercise jurisdiction over a hijacker if such States are affected by an offence committed under the Convention, thus making it impossible for a hijacker to escape the normal process of the law.
The Hague Convention, despite its ef.ciency in some areas, is not without its weaknesses. Mankiewicz601 comments:
the Hague Convention deals only with “unlawful seizure committed on board aircraft” and does not apply to sabotage committed on ground, nor does it cover unlawful interference with air navigation, facilities and services such as airports, air control towers or radio communications. Attempts made further to extend the scope of the Convention were unsuccessful. Nevertheless, the Seventeenth session of the Assembly of ICAO, held in Montreal in June, 1970, adopted a Resolution directing the Council of ICAO to convene the Legal Committee, if possible not later than November, 1970, in order to prepare ...a draft
600Shubber(1973b, p. 725). 601See Mankiewicz(1971, p. 206).
E. The Montreal Convention (1971)
Convention on Acts of Unlawful Interference Against Civil Aviation with the view to its adoption ...as soon as practicable. Consequently, the draft Convention was prepared and was opened for signature at Montreal on September 23, 1971.
E. The Montreal Convention (1971)
Since both the Tokyo and the Hague Conventions dealt only with unlawful seizure committed on board aircraft, it did not cover sabotage committed on the ground, nor unlawful interference with air navigation facilities and services. The Montreal Convention was drafted inter alia, to remedy those lapses. The objectives of the Montreal Convention are best discussed as follows:
The primary aim of the Montreal Convention was to arrive at a generally acceptable method of dealing with alleged perpetrators of acts of unlawful interference with aircraft. In general, the nations represented at the Montreal Conference agreed that acts of sabotage, or violence and related offenses interfering with the safety and development of interna-tional civil aviation constituted a global problem which had to be combated collectively by concerned nations of the international community. A multilateral international convention had to be adopted which extended both the scope and ef.cacy of national legislation and provided the legal framework for international co-operation in the apprehension, prosecu-tion and punishment of alleged offender.602
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Aviation Security Law 航空安全法(175)
