Cap. 353 Art. 5AJurisdiction over offences when Malta is not the State of registration.

In exercising its jurisdiction over offences committed on board an aircraft, when Malta is not the State of registration, action over an aircraft in flight can only be taken in any of the following circumstances:

(a) the offence has effect on the Maltese territory;

(b) the offence has been committed by or against a Maltese national or permanent resident;

(c) the offence is one against the security of Malta;

(d) the offence consists of a breach of any rules or regulations relating to the flight or manoeuvre of aircraft in force in Malta;

(e) the exercise of jurisdiction is necessary to ensure Malta’s observance of any obligation under a multilateral agreement: Criminal Code, the Maltese courts shall also be competent to exercise jurisdiction over acts which constitute an offence under the law in force in Malta which are committed or about to be committed on board an aircraft, where Malta is the State of landing, when:

(a) the said aircraft lands on Maltese territory with the alleged offender still on board;

(b) the said aircraft has its last point of take-off or next point of intended landing in Malta, and the aircraft subsequently lands in Malta with the alleged offender on board;

(c) the safety of the aircraft or of persons or property therein, or good order and discipline on board, is jeopardised;

(d) where Malta is the State of the operator when the said aircraft is leased without a crew to a lessee whose principal place of business or, if the lessee has no such place of business, whose permanent residence, is in Malta.