CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNINGCHINA'S ACCESSION TO THE HAGUE CONVENTION AND THE MONTREAL CONVENTION
CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNINGCHINA'S ACCESSION TO THE HAGUE CONVENTION AND THE MONTREAL CONVENTION
This English document is coming from the "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
Whole Document
CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING
CHINA'S ACCESSION TO THE HAGUE CONVENTION AND THE MONTREAL CONVENTION
(November 3, 1980)
Upon approval by the State Council, China acceded on September 10, 1980 to
the Convention Concerning the Checking of the Illegal Hijacking of
Aircraft (hereinafter referred to as "the Hague Convention") and the
Convention Concerning the Checking of Illegal Acts that Jeopardize Civil
Aviation Safety (hereinafter referred to as "the Montreal Convention")
which had been concluded internationally, and declared at the time of
accedence that China shall not be bound by Paragraph 1 of Article 12 of
the Hague Convention and Paragraph 1 of Article 14 of the Montreal
Convention and that the signing and rectification of the Conventions by
the Taiwan authorities in the name of China are illegal and null and void.
The two Conventions became applicable to China on October 10, 1980.
Since the beginning of the 1960s, incidents involving using violence to
hijack civil aircraft and damaging civil aviation facilities have
frequently occurred in the world. In order to check such acts of
terrorism and safeguard the safety of international civil aviation, the
International Civil Aviation Organization presided in 1963 over the
formulation of the Convention Concerning Crimes and Some Other Acts in
Aircraft (hereinafter referred to as "the Tokyo Convention"), to which
China acceded in November 1978 upon approval by the State Council) and,
following that it formulated in 1970 and 1971 successively the Hague
Convention and the Montreal Convention. These Conventions are of positive
significance to protecting the safety of civil aircraft and other civil
aviation facilities.
In recent years, although the incidence of hijacking and other terrorist
acts has been reduced in the world, they do occur occasionally; and on
China's civil aircraft, there have been three attempted hijacking
incidents for the purpose of fleeing the country. In order to ensure the
safety in transport for international and domestic airliners and
effectively guard against the occurrence of hijacking and other criminal
acts, it is hoped that various regions and competent departments earnestly
implement the relevant Articles of the aforementioned international
Conventions (for the translated Chinese version of the Hague Convention
and the Montreal Convention, please see the State Council Bulletin Number
17 of 1980 and, for the translated Chinese version of the Tokyo
Convention, please see the document of the Civil Aviation Administration
of China and the Ministry of Foreign Affairs, Ref.: (78) Zhijizi No. 591),
heighten their vigilance, tighten the ground security check and the on
board security protection measures and strictly prevent any attempt to use
violence to hijack aircraft or damage civil aviation facilities so as to
guarantee the safety in China's civil aviation. In the event that
incidents should occur involving foreign countries such as hijacked
foreign aircraft landing in China, the matter should be handled properly
in accordance with the law of China and with reference to the relevant
provisions of the aforementioned three Conventions.
ther terrorist
acts has been reduced in the world, they do occur occasionally; and on
China's civil aircraft, there have been three attempted hijacking
incidents for the purpose of fleeing the country. In order to ensure the
safety in transport for international and domestic airliners and
effectively guard against the occurrence of hijacking and other criminal
acts, it is hoped that various regions and competent departments earnestly
implement the relevant Articles of the aforementioned international
Conventions (for the translated Chinese version of the Hague Convention
and the Montreal Convention, please see the State Council Bulletin Number
17 of 1980 and, for the translated Chinese version of the Tokyo
Convention, please see the document of the Civil Aviation Administration
of China and the Ministry of Foreign Affairs, Ref.: (78) Zhijizi No. 591),
heighten their vigilance, tighten the ground security check and the on
board security protection measures and strictly prevent any attempt to use
violence to hijack aircraft or damage civil aviation facilities so as to
guarantee the safety in China's civil aviation. In the event that
incidents should occur involving foreign countries such as hijacked
foreign aircraft landing in China, the matter should be handled properly
in accordance with the law of China and with reference to the relevant
provisions of the aforementioned three Conventions.
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