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I. De.nition of In Service
To achieve the above objectives, the Montreal Convention .rst sought to expand the scope of the activity covered by the Convention in order to include a new series of offenses which can be committed without the offender being on board the aircraft. The same de.nition for an aircraft in .ight as given in Article 3(1) of the Hague Convention applies but the Montreal Convention introduces a new term, “aircraft in service,” which is de.ned as follows:
Aircraft is considered to be in service from the beginning of the pre.ight preparation of the aircraft by ground personnel or by the crew for speci.c period until twenty-four hours after the landing. The period of the service shall, in any event, extend for the entire period during which the aircraft is in .ight.603
The expression was deemed important as it covers a more extended period than that covered by the expression “in .ight” as de.ned in Article 3(1) in the preceding Hague Convention. The term “in service” would cover such acts as the bombing of and discharge of weapons against aircraft on ground, as well as similar acts against
602Abramovsky(1975a, p. 278). 603Article 2(b).
aircraft in .ight, whether or not the acts were performed by a person on board or
outside the aircraft. Another signi.cance of the term “in service” is that it serves to specify the physical position in which the aircraft mustbe if the offenses covered by the sub-paragraph of Article 2 are to come under the Convention. An extensive de.nition of the expression couldencompass attacks against an aircraft while in the hangar or at a parking area. But the States at the Montreal Conference were not willing to go that far. This is because an extensive de.nition would mean that the States would, under another provision of the Convention, be bound either to extradite the suspected author of such attack, or if it did not extradite him, submit the case to its competent authorities for the purpose of prosecution. States are notoriously reluctant to enter into international arrangements on criminal matters if those arrangements markedly reduce domestic jurisdiction. Yet, too narrow a de.nition of the expression aircraft in service would compromise the utility of the Convention.604
The de.nition of the term in service posed a dif.cult problem during the deliberation of the Montreal Conference. Although the beginning of the in service period afforded few problems, the main dif.culty was in the de.nition of the end of the “in service” period, when applied to lengthy stopovers or night stop in a country, and awaiting turn around before commencement of the homeward-bound journey. It was decided that the aircraft should be protected by the Convention, that is, it should be deemed to be “in service” when it makes a stopover or night stop in another country. Thepresent wordingof the term “in service” attempts to solve the problem by specifying that an aircraft shall be considered in service 24 hours after any landing. The expression “in service” as it stands include the term “in .ight” under Article 2(a). Therefore, in the event of force landing occasioned by hijacking, the period “in service” is deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board.
II. De.nition of the Offence
Another approach adopted by the Montreal Convention in its endeavours to curb hostile acts against civil aviation is to de.ne the offence broadly in order to embrace all the possible acts that might occur. The .rst issue which faced thedrafters of the Convention in this respect elated to the provision of substantial coverage of serious offenses and at the same time avoiding the dif.culties that may arise in connection with the listing of speci.c crimes in a convention intended for adoption by a great many States. After muchdebate and deliberation, this issue was settled and the .nal conclusion of the meeting is re.ected in Article I. G.F. Fitzgerald described the method of enumerating the offenses in the Convention as being “novel”:
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Aviation Security Law 航空安全法(176)
