Air Navigation (Prohibited Flights) Order 2001

No. S 455

Air Navigation Act

(Chapter 6)

Air Navigation (Prohibited Flights) Order 2001

In exercise of the powers conferred by sections 3 and 13 of the Air Navigation Act, the Minister for Communications and Information Technology hereby makes the following Order:

Citation and commencement

1. This Order may be cited as the Air Navigation (Prohibited Flights) Order 2001 and shall come into operation on 24th September 2001.

Prohibition of certain flights

2.—(1) An aircraft that has come from, or whose destination is, any country or territory set out in the Schedule shall not fly over, land in or take off from Singapore, except with the express approval of the Minister.

(2) When deciding whether to give approval under sub-paragraph (1), the Minister shall take into account Singapore’s obligations by virtue of its being a member of any international organisation or a party to any international agreement.

(3) The operator and the commander of an aircraft that flies in contravention of sub-paragraph (1) shall be guilty of an offence.

(4) In this paragraph —

“commander”, in relation to an aircraft, has the same meaning as in the Air Navigation Order (O 2);

“operator”, in relation to an aircraft, means the person having the management of the aircraft.

Steps to prevent contravention

3.—(1) If it appears to the Minister that an aircraft is intended or likely to be flown in contravention of paragraph 2(1), the Minister or any officer of the Authority, or any police officer not below the rank of inspector, authorised in that behalf may take such steps as are necessary to prevent the contravention.

(2) The Minister or officer may, in particular —

(a)	direct the operator or commander of the aircraft not to make the particular flight;
(b)	direct the operator or commander of the aircraft to move the aircraft to a location specified by the Minister or officer;
(c)	if the aircraft is parked, direct a person to place an obstacle in the path of the aircraft to prevent it from leaving its parked position;
(d)	direct a person not to provide ground handling service, apron handling service, flight catering service, cargo handling service, cleaning service, maintenance or repair service or fuel to the aircraft or its flight crew; and
(e)	take such steps as are necessary to detain the aircraft or prevent any person from entering the aircraft.

(3) Any person who, without reasonable excuse —

(a)	obstructs any person from acting in accordance with a direction given under sub-paragraph (2);
(b)	fails to comply with a direction given under sub-paragraph (2); or
(c)	removes or interferes with any obstacle referred to in sub-paragraph (2)(c),

shall be guilty of an offence.

Penalty

4. Any person who is guilty of an offence under this Order shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

Offences by body corporate, etc.

5. Where an offence under this Order has been committed by a body corporate, a partnership or an unincorporated association of persons, any person who at the time of the commission of the offence was a director, manager, partner, secretary or other officer acting in a similar capacity thereof, or was purporting to act in any such capacity, shall be guilty of that offence unless —

(a)	the offence was committed without his consent or connivance; and
(b)	he had exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

Delegation of powers

6. The Minister may, to such extent and subject to such restrictions as he may think fit to impose, delegate to any person any of his powers under this Order.

Order has effect notwithstanding other subsidiary legislation

7. The provisions of this Order have effect notwithstanding the provisions of any other subsidiary legislation made under the Act.

Made this 18th day of September 2001.

CHAN HENG LOONG ALAN

Permanent Secretary,
Ministry of Communications and
Information Technology,
Singapore.

[MCIT: 271.0.006.0.0/CAAS:LE/UNS/S1.1; AG/LEG/SL/6/1998/2 Vol. 3]

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