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영어

Recognizing the need of the international convention governing offences committed on board aircraft, International Civil Aviation Organization (ICAO) adopted Tokyo Convention in 1963, of which 185 ICAO member states have ratified. Whereas Tokyo Convention does not expressly use the terms: unruly passengers or disruptive passengers, Article 1 of the Convention broadly comprehends the concept by providing that it is applicable to offences against penal law and acts that may not be considered offences but that may still jeopardize the safety of the aircraft. Tokyo Convention makes it clear that the state of registration of the aircraft has jurisdiction over in-flight conducts and further provides that the aircraft commander can exercise authority to take necessary measures with persons who have committed or are about to commit an act jeopardizing safety on board. However, after nearly 50 years since its adoption, Tokyo Convention now reveals three shortcomings. Firstly, due to the fact that there is no definition about “unruly passenger”, each state, and even each air carrier, may construe the definition differently. Having different definitions may confuse passengers on board and lead to ineffective action of air carriers. Secondly, the fact that it only allows the state of registration to exercise jurisdiction produces the circumstances where it is impossible to punish a unruly passenger who committed offence on board. Lastly, now that the standard for “reasonable grounds” of the aircraft commander to take necessary measures to control an unruly passenger has been set with certain limitations by the US court, it is necessary to provide aircraft commenders with concrete guidelines. On 30 October 2009, the ICAO Council approved the formation of a Special Working Group to carefully examine the issue of unruly / disruptive passengers. Accordingly, the first meeting of the Special Working Group was held on 2 May 2011. The result of the Working Group's findings should lead to the amendment of Tokyo Convention thereby reducing the number of incidents caused by unruly passengers and enabling to respond the unruly passengers effectively.