Cap. 353 Art. 7Provisions ancillary to powers under article 6.

(1) Where a person is under restraint on an aircraft pursuant to article 6 the commander of the aircraft shall as soon as practicable, and if possible before landing in any country, notify the authorities in that country of the fact that a person on board is under restraint, of the reasons for such restraint and of any decision to deliver such person.

(2) Any restraint imposed on any person on board an aircraft conferred by article 6 shall not be continued after the time when the aircraft first thereafter ceases to be in flight other than -

(a) for any period (including the period of any further flight) between that time and the first occasion thereafter on which the commander is able with any requisite consent of the appropriate authorities to disembark or deliver the person under restraint in accordance with subarticle (3); or

(b) if the person under restraint agrees to continue his journey under restraint on board that aircraft.

(3) The commander of an aircraft if in the case of any person on board the aircraft he has reasonable grounds -

(a) to believe as mentioned in article 6(1); and

(b) to believe that it is necessary so to do in order to protect the safety of the aircraft or of persons or property on board the aircraft or to maintain good function of a police officer or immigration officer.

(4) The commander of an aircraft -

(a) if he disembarks any person in pursuance of subarticle (3), in the case of a Maltese-controlled aircraft, in any country or, in the case of any other aircraft, in Malta, shall report the fact of, and the reasons for, that disembarkation to the authorities in the country of disembarkation and shall also request the authorities to notify a diplomatic or consular representative of the country of nationality of that person; or

(b) if he delivers any person in pursuance of subarticle (3), shall at the time of delivery furnish to the appropriate officer such evidence and information relating to the need to take measures against that person pursuant to article 6, as at the time of furnishing are lawfully in his possession.

(5) Any commander of an aircraft who wilfully and without reasonable cause fails to comply with the requirement of subarticle

(4) shall be liable on conviction to a fine (multa) of one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69).