Cap. 405 Art. 8Endangeringsafety at airports.

(1) It is an offence for any person by means of any device, substance or weapon intentionally to commit at an airport serving civil aviation any act of violence which -

(a) causes or is likely to cause death or serious personal injury, and

(b) endangers or is likely to endanger the safe operation of the airport or the safety of persons at the airport.

(2) It is also, subject to subarticle (4), an offence for any person by means of any device, substance or weapon unlawfully and intentionally -

(a) to destroy or seriously damage -

(i) property used for the provision of any facilities at an airport serving civil aviation (including any apparatus or equipment so used), or

(ii) any aircraft which is at such an airport but is not in service, or

(b) to disrupt the services of such an airport, in such a way as to endanger or is likely to endanger the safe operation of the airport or the safety of persons at the airport.

(3) Except as provided by subarticle (4), subarticles (1) and (2) apply whether any such act as is referred to in those subarticles is committed in Malta or elsewhere and whatever the nationality of the person committing the act.

(4) Subarticle (2)(a)(ii) does not apply to any act committed in relation to an aircraft used in military, customs or Police service unless -

(a) the act is committed in Malta, or

(b) where the act is committed outside Malta, the person committing it is a Maltese national.

(5) A person who commits an offence under this article shall be liable, on conviction, to imprisonment for life.

(6) For the purposes of this Act -

(a) the period during which an aircraft is in flight shall be deemed to include any period from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation, and, in the case of a forced landing, any period until the competent authorities take over responsibility for the aircraft and for persons and property on board; and

(b) an aircraft shall be taken to be in service during the whole of the period which begins with the pre-flight preparation of the aircraft for a flight and ends twenty-four hours after the aircraft lands having completed that flight, and also at any time (not falling within that period) while, in accordance with the preceding paragraph, the aircraft is in flight, and anything done on board an aircraft in flight over any part of Malta shall be treated as done in that part of Malta.

(7) Proceedings for an offence under this article shall not be instituted in Malta except with the consent of the Attorney General.