Tokyo Convention (Amendment) Bill Second Reading Speech by Senior Minister of State for Transport Dr Lam Pin Min

1.     Mr Speaker, I beg to move, “That the Bill be now read a second time.”

Introduction

2.     The civil aviation sector is a key component of Singapore’s economy, contributing 6% of Singapore’s GDP. Changi Airport’s excellent connectivity to the world makes Singapore a global city and a vibrant economic hub. It also enables Singaporeans to fly to various parts of the world for business and leisure. 

3.     Unruly passengers can affect the safety of air travel. According to IATA, between 2007 and 2016, airlines reported more than 58,000 incidents involving unruly passengers on flights, or about one incident every 1,000 flights. There was an increasing number of serious incidents that resulted in injury to air crew or other passengers. As air travel grows, the problem of unruly passengers may worsen.

4.     Given the importance of civil aviation to Singapore, it is crucial that we uphold Singapore’s reputation as a safe and secure aviation hub for all passengers travelling through Changi Airport.  Also, as a responsible member of the international civil aviation community, Singapore must do its part to address unruly passenger incidents.

5.     That is why the Government will accede to the Protocol to Amend
the Convention on Offences and Certain Other Acts Committed on Board
Aircraft, also called the Montreal Protocol 2014 to the Tokyo Convention 1963. The Montreal Protocol 2014 expands the jurisdictional scope of the Tokyo Convention 1963, which Singapore is a party to, by extending the criminal jurisdiction of a Contracting State to include both the State of landing jurisdiction and State of the operator jurisdiction.

6.     The Tokyo Convention (Amendment) Bill will give effect to the provisions of the Montreal Protocol 2014, and strengthen Singapore’s ability to address unruly behaviour on board an aircraft. It will enable Singapore to exercise the State of landing jurisdiction for offences committed on board an aircraft that lands in Singapore, and the State of the operator jurisdiction for offences committed on board an aircraft leased without crew to a lessee whose principal place of business, or whose permanent residence, is in Singapore. These jurisdictions are in addition to the State of registration jurisdiction which enables Singapore to exercise jurisdiction over offences committed on board an aircraft that is registered in Singapore.

Key Provisions

7.     I will now highlight the key provisions of the Bill.

8.     Clause 3 enables Singapore to exercise the State of the operator jurisdiction. The definition of “Singapore-controlled aircraft” is revised to include an aircraft that is leased without crew to a lessee whose principal place of business, or whose permanent residence, is in Singapore.

9.     Clause 4 enables Singapore to exercise the State of landing jurisdiction over offences committed outside Singapore on board an aircraft that is not a Singapore-controlled aircraft, which subsequently lands in Singapore with the offender still on board. With this amendment, Singapore can treat any act or omission committed on board an aircraft outside Singapore by an offender who is still on board the aircraft when it lands in Singapore as though it is an offence in Singapore, provided that the act or omission constitutes an offence in Singapore, and take action against the offender accordingly.

10.    Clause 6 empowers the commander of an aircraft to take certain actions, such as restraining an unruly passenger, if the commander has reasonable grounds to believe that a serious offence has been committed on board the aircraft. The commander can also obtain the assistance of a member of the crew, a passenger or an air marshal on board the aircraft in restraining a person whom the commander is entitled to restrain. In addition, any crew member, passenger or air marshal on board the aircraft board of the aircraft can, without authorisation of the commander, take measures under the Act against a person on board the aircraft to protect the safety of the aircraft, or persons or property on the aircraft.

11.    Clause 7 accords protection from personal liability to certain persons, for example, the commander of an aircraft, a member of the crew, a passenger or an air marshal, when such persons take action permitted under the Act to protect the safety of the aircraft, or persons or property on the aircraft.

12.    Consequential amendments will be made to the Air Navigation Act and the Police Force Act.

Phased Coming into Operation of the Bill

13.    The Bill will be brought into force in 2 phases:

a) The provisions establishing Singapore’s State of landing jurisdiction will be brought into force after the Bill is passed. This will enhance Singapore’s ability to manage incidents of unruly passengers on flights travelling to, through and from Singapore, and give added protection to passengers on these flights before the Montreal Protocol 2014 comes into force.

b) The remaining provisions will be brought into force on the date the Montreal Protocol 2014 comes into force, which will take place after 22 ratifications have been made.

Conclusion

14.    Mr Speaker, I beg to move.