Cap. 405 чл. 25Offences in relation to certain dangerous articles.

(1) It shall be an offence for any person without lawful authority or reasonable excuse (the proof of which shall lie on him)

to have with him any article to which this article applies -

(a) in any aircraft registered in Malta, whether at a time when the aircraft is in Malta or not; or

(b) in any other aircraft at a time when it is in, or in flight over, Malta; or

(c) in any part of an airport in Malta; or

(d) in any air navigation installation in Malta which does not form part of an airport.

(2) This article applies to the following articles, that is to say:

(a) any firearm, or any article having the appearance of being a firearm, whether capable of being discharged or not;

(b) any explosive, any article manufactured or adapted (whether in the form of a bomb, grenade or otherwise) so as to have the appearance of being an explosive, whether it is capable of producing a practical effect by explosion or not, or any article marked or labelled so as to indicate that it is or contains an explosive; and

(c) any article (not falling within either of the preceding paragraphs) made or adapted for use for causing injury to or incapacitating a person or for destroying or damaging property, or intended by the person having it with him for such use, whether by him or by any other person.

(3) For the purposes of this article a person who is for the time being in an aircraft, or in part of an airport, shall be treated as having with him in an aircraft, or in that part of the airport, as the case may be, an article to which this article applies if -

(a) where he is in an aircraft, the article, or an article in which it is contained, is in the aircraft and has been caused (whether by him or by any other person) to be brought there as being, or as forming part of, his baggage on a flight in the aircraft or has been caused by him to be brought there as being, or as forming part of, any other property to be carried on such a flight; or

(b) where he is in part of an airport (otherwise than in an aircraft), the article, or an article in which it is contained, is in that or any other part of the airport and has been caused (whether by him or by any other person) to be brought into the airport as being, or as forming part of, his baggage on a flight from that airport or otherwise or has been caused by him to be brought there as being, or as forming part of, any other property to be carried on such a flight on which he is also to be carried, or otherwise, notwithstanding that the circumstances may be such that (apart from this subarticle) he would not be regarded as having the article with him in the aircraft or in a part of the airport, as the case may be.

(4) Any person who contravenes any of the provisions of this article shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding four thousand and six hundred and fifty-eight euro and seventy-five cents (4,658.75), or to imprisonment for a term not exceeding five years, or to both such fine and imprisonment, provided that if the offence is against the provision found in subarticle (1)(b) the person found so guilty shall be liable to the punishments prescribed in article 313 of the Criminal Code.

(5) Nothing in subarticle (3) shall be construed as limiting the circumstances in which a person would, apart from that subarticle, be regarded as having an article with him as mentioned in subarticle (1).