Speech by Senior Parliamentary Secretary for Transport Baey Yam Keng for the Second Reading of the Hijacking of Aircraft and Protection of Aircraft and International Airports (Amendment) Bill

1.     Mr Speaker, on behalf of the Minister for Transport, I beg to move, “That the Bill be now read a second time.” 

Introduction

2.     The threat of terrorism to Singapore remains high.  According to MHA, global terrorist groups such as the Islamic State in Iraq and Syria (ISIS) and Al-Qaeda remain resilient and adaptable, despite losing key leaders and strongholds in recent years.  The complete withdrawal of US troops from Afghanistan in August 2021 may also facilitate the resurgence of Al-Qaeda and ISIS-Khorasan using it as a safe haven. 

3.     Terrorists continue to pose a real threat to civil aviation. In December 2020, a Kenyan member of Al-Shabaab, Al-Qaeda’s East African affiliate, was charged in the US for plotting to conduct a 9/11-style attack in an unnamed US city. More recently, the Islamic State in Khorasan Province, an entity affiliated with Islamic State in Iraq and the Levant claimed responsibility for the attacks near the Hamid Karzai International Airport in Kabul on 27 August 2021, which resulted in the death and injuries of dozens of civilians, including children. Just less than a month ago on 17 January 2022, terrorist attacks left three dead and others injured near Abu Dhabi International Airport. On 1 February 2022, the Council of the International Civil Aviation Organisation deplored the targeting of civil aviation infrastructure, in flagrant violation of international law, and the ongoing threat to international peace and security caused by these terrorist acts.

4.     In our ongoing efforts to further strengthen our defence against such terrorist attacks especially against civil aviation operations, we intend to accede to two international aviation security treaties, the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation (also known as the Beijing Convention 2010) and the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft (also known as the Beijing Protocol 2010). The reasons are as follows:

a.     One, the threat of terrorism to Singapore remains high. Due to the cross-border nature of the threat, international cooperation is necessary to combat such threats.  

b.     Two, the Beijing Convention 2010 and Beijing Protocol 2010 will strengthen Singapore's ability to deal with terrorism-related threats to the safety and security of civil aviation.  

c.     Three, the two Beijing treaties will enable us to better protect Singaporeans, by providing a clear basis for us to exercise our criminal jurisdiction as provided for under the two treaties. 

d.     And four, the Beijing Convention 2010 and Beijing Protocol 2010 will also facilitate the extradition of offenders and provision of mutual legal assistance. This would enhance Singapore’s capabilities to carry out enforcement actions against offenders who have committed acts that threaten Singapore and Singaporeans locally and abroad. 

Beijing Convention 2010 & Beijing Protocol 2010

5.     The two Beijing treaties modernise the legal framework for aviation security targeting unlawful seizure of aircraft, and unlawful interference against civil aviation.  They require States Parties to criminalise a number of acts which have emerged as threats to the safety and security of civil aviation, including those manifested in the terrorist attacks of 11 September 2001 when civil aircraft were used as weapons of mass destruction.  

6.     The Beijing Convention modernises and consolidates two earlier aviation security treaties, namely: the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (also known as the Montreal Convention 1971) and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (also known as the Montreal Protocol 1988). The Montreal Convention 1971 criminalises certain acts of violence against aircraft (including persons therein) or air navigation facilities, while the Montreal Protocol 1988 supplemented the Montreal Convention 1971 to criminalise certain acts of violence against an international airport (including persons therein).  In addition to those already criminalised under the two Montreal treaties, the Beijing Convention criminalises the following acts:

a.     One, using an aircraft for the purpose of causing death, serious bodily injury or serious damage;

b.     Two, releasing or discharging from an aircraft, or using on board or against aircraft any biological, chemical or nuclear (“BCN”) weapons or explosive, radioactive or similar substances; 

c.     Three, transporting, causing to be transported, or facilitating the transport of, BCN weapons or explosive, radioactive or similar substances, etc., on board an aircraft; and

d.     Four, cyber attacks on air navigation facilities.

7.     The Beijing Protocol 2010 supplements the Convention for the Suppression of Unlawful Seizure of Aircraft (also known as the Hague Convention 1970). The Hague Convention 1970 criminalises acts relating to unlawful seizure of aircraft, while the Beijing Protocol 2010 expands the scope of the offences in that Convention to cover additional forms of unlawful seizure of aircraft, including through modern technological means.

8.     Both the Beijing treaties make it an offence to make a threat or unlawfully cause someone to receive a threat to commit offences under circumstances which indicate that the threat is credible. Both treaties also provide for the criminal liability of other persons such as accomplices, the directors and organisers of an offence, persons who knowingly assist an offender to evade investigation, prosecution or punishment, and persons who contribute or agree to contribute to an offence. Both treaties further provide the option for Contracting States to provide under their domestic laws for the liability of legal entities where a person responsible for its management or control commits a relevant offence.

9.     Similar to its predecessor instruments, the Beijing Convention 2010 and Beijing Protocol 2010 facilitate the extradition of offenders and provision of mutual legal assistance.  For example, the treaties provide that States Parties shall, subject to the laws of the requested State, afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offences under the treaties. The Beijing Convention 2010 and Beijing Protocol 2010 additionally provide that a request for extradition or mutual legal assistance based on an offence under the treaties may not be refused on the sole ground that it concerns a political offence, or an offence connected with a political offence, or an offence inspired by political motives.

10.    By expanding the scope of offences and grounds of jurisdiction and removing a ground for refusal for extradition and mutual legal assistance, the Beijing treaties strengthen States Parties’ capacity to deter these offences under civil aviation, and to prosecute and punish those who commit them.

11.    Singapore is a party to and has ratified the earlier treaties, namely, the Montreal Convention 1971 (on 12 April 1978), the Montreal Protocol 1988 (on 22 December 1996) and the Hague Convention 1970 (on 12 April 1978).  The Beijing Convention 2010 and Beijing Protocol 2010 entered into force on 1 July 2018 and 1 January 2018 respectively for those States that are party to it.  Singapore intends to accede to the Beijing treaties, for the reasons I have explained earlier. The Hijacking of Aircraft and Protection of Aircraft and International Airports (Amendment) Bill will give effect to the Beijing treaties and facilitate Singapore’s implementation of the obligations under these treaties when we accede to them.

Key Provisions

12.    Mr Speaker sir, I will now highlight the key provisions of the Bill.

13.    Clause 4 amends section 3(1) which relates to the offence of hijacking.  Before the amendment, the offence of hijacking can only be committed in relation to an aircraft in flight.  With the amendment, the offence of hijacking can also be committed in relation to an aircraft in service. This will include the duration of the pre-flight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing, in addition to the period when the aircraft is in flight. The amendment further expands the scope of the offence of hijacking to include the unlawful seizure of an aircraft using any technological means.

14.    Clauses 6, 8(d) and 9 also amend the Act such that certain provisions of the Act do not apply to any act committed in relation to an aircraft used in military, customs or police service unless (a) one, the act is committed in or over Singapore; (b) two, where the act is committed outside Singapore, but the person committing the act is a citizen of Singapore; or (c) three, the aircraft is used in the military, customs or police service of the Republic of Singapore.

15.    Clause 7 inserts new offences sections 5A to 5D. These provisions address new categories of acts that have emerged over the past two decades as potential threats to the safe operation of, or the safety of persons in an aircraft, an aerodrome or an aerodrome facility. These include the events of 9/11, where aircraft were hijacked and used as weapons for terrorist attacks, and as mentioned earlier, just last month on 17 January where there was an attack near the Abu Dhabi International Airport.

16.    The new section 5A criminalises the use of an aircraft in service for the purpose of causing death, serious bodily injury, or serious damage to property or the environment.  

17.    The new section 5B criminalises the release or discharge from an aircraft in service any BCN weapon, or any explosive, radioactive or similar substances, in a manner that causes or is likely to cause death, serious bodily injury or serious damage to property or the environment. 

18.    The new section 5C criminalises the use against or on board any aircraft in service any BCN weapon, or any explosive, radioactive or similar substances, in a manner that causes or is likely to cause death, serious bodily injury or serious damage to property or the environment.

19.    The new section 5D criminalises the transport of, causing to be transported, or facilitating the transport of, certain proscribed items on board an aircraft.  Examples of these proscribed items include any explosive or radioactive material, any BCN weapon and any source material or special fissionable material.

20.    The new sections 5A to 5D apply regardless of whether any act constituting the offence under any of those sections is committed in Singapore or elsewhere, whatever the nationality or citizenship of the person committing the act or whatever the state in which the aircraft is registered.

21.    Similar to the new sections 5A to 5D, clause 8 amends section 6 on “Other acts endangering or likely to endanger safety of aircraft”. The amended section will apply regardless of whether any act constituting the offence is committed in Singapore or elsewhere, whatever the nationality or citizenship of the persons committing the act or whatever the state in which the aircraft is registered.

22.    Clause 10 repeals section 8 and substitutes a new section 8.

23.    The new section 8(1) makes it an offence for any person who makes a threat to commit certain offences, or unlawfully and intentionally causes any person to receive such a threat, under circumstances which indicate the threat to be credible.  The new section 8(2) makes it an offence for a person (A) to unlawfully and intentionally assist any other person (B) to evade investigation, prosecution or punishment, when A knows that B has committed certain acts, or is wanted for any criminal prosecution, or is sentenced for certain offences.

24.    Clause 11 repeals and re-enacts section 9 and inserts new section 9A and 9B. 

25.    The new section 9 stipulates the penalties for the various offences under the Act.

26.    The new sections 9A and 9B deal with offences committed by corporations, unincorporated associations or partnerships and also attribute criminal liability to certain officers of such corporations, unincorporated associations or partnerships. 

27.    Clause 12 repeals and re-enacts section 11 and inserts a new section 12.  The new section 11 to extend the provisions relating to extradition under the Act and the Extradition Act to the new offences inserted by the Bill, and provides that the Beijing treaties and their predecessor treaties may be used as the legal basis for extradition in the absence of an extradition treaty.

28.    The new section 12 provides that in the provision of mutual legal assistance to any State which is a party to the Convention for a criminal matter involving an offence in that State corresponding to a relevant offence, that offence in the State will be deemed not to be an offence of a political character. 

Conclusion

29.    Mr Speaker sir, I beg to move.