Cap. 353 Art. 25Offences.

(1) Without prejudice to any other punishment to which the offence may be liable under the Criminal Code or any other law, whosoever -

(a) performs an act of violence against a person on board an aircraft in flight when that act is likely to endanger the safety of that aircraft; or

(b) destroys an aircraft in service or causes damage to such an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight; or

(c) places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft, or to cause damage to it which renders it incapable of flight, or to cause damage to it which is likely to endanger its safety in flight; or

(d) destroys or damages air navigation facilities or interferes with their operation, if any such act is likely to endanger the safety of aircraft in flight;

(e) communicates information which that person knows to be false, thereby endangering the safety of an aircraft in flight; or

(f) uses an aircraft in service for the purpose of causing death, serious bodily injury, or serious damage to property or the environment; or

(g) releases or discharges from an aircraft in service any BCN weapon or 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; or

(h) uses against or on board an aircraft in service any BCN weapon or 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; or

(i) using any device, substance or weapon:

(i) performs an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; or if such an act endangers or is likely to endanger safety at that airport; or

(j) threatens to commit any of the acts in paragraphs (a) to

(i) or unlawfully causes another person to receive such a threat; or

(k) transports, causes to be transported, or facilitates the transport of, on board an aircraft:

(i) any explosive or radioactive material, knowing that it is intended to be used to cause, or in a threat to cause, with or without a condition, as is provided for under Maltese law, death or serious injury or damage for the purpose of intimidating a population, or compelling a government or an international organization to do or to abstain from doing any act; or

(ii) any BCN weapon, knowing it to be a BCN weapon as defined in article 24; or

(iii) any source material, special fissionable material, or equipment or material especially designed or prepared for the processing, use or production of special fissionable material, knowing that it is intended to be used in a nuclear explosive activity or in any other nuclear activity not under safeguards pursuant to a safeguards agreement with the International Atomic Energy Agency; or

(iv) any equipment, materials or software or related technology that significantly contributes to the design, manufacture or delivery of a BCN weapon without lawful authorization and with the intention that it will be used for such purpose: Provided that for activities involving a Convention country, including those undertaken by a person or legal entity authorized by a Convention country, it shall not be an offence under sub-paragraphs (iii) and

(iv) if the transport of such items or materials is consistent with or is for a use or activity that is consistent with its rights, responsibilities and obligations under the applicable multilateral non-proliferation treaty to which it is a party; or

(l) organizes or directs others to commit an offence under paragraphs (a) to (k); or

(m) in any other way knowingly contributes to the commission of one or more of the offences under paragraphs (a) to (k), by a group of persons acting with offences concerned; or

(n) assists an offender to evade investigation, prosecution or punishment in relation to one or more offences under paragraphs (a) to (l), shall be guilty of an offence and shall be liable on conviction to the punishment of imprisonment from seven years to life.