Criminal Liability In Aviation Offences In China
🧾 I. Concept of Aviation Offences
1. Meaning
Aviation offences involve illegal or negligent acts that endanger civil aviation safety, including:
Interference with flight operations
Hijacking, sabotage, or unlawful seizure of aircraft
Smuggling, transporting dangerous goods, or carrying prohibited items
Endangering passengers, crew, or air traffic
2. Relevance
Civil aviation is critical for public safety and economic infrastructure. Violations can:
Endanger human lives
Threaten national security
Disrupt domestic and international air travel
Key Principle: Aviation offences are treated as serious criminal offences in China, with strict liability.
⚖️ II. Legal Framework in China
1. Criminal Law of the People’s Republic of China
Relevant provisions include:
Article 115 – Endangering Public Safety by Dangerous Means:
Applies to acts like hijacking, sabotage, or using explosives on aircraft.
Article 114 – Terrorist Activities and Air Transport:
Applies to hijacking, threatening flights, and terrorism-related acts.
Article 224 – Smuggling Dangerous Goods:
Covers the transportation of explosives, flammable, or hazardous materials by air.
Article 115, 114, 232 – Endangering Flight Safety:
Punishes pilots, crew, or individuals who violate aviation safety regulations causing accidents.
2. Civil Aviation Law of the People’s Republic of China
Provides regulatory standards for flight operations.
Non-compliance with aviation safety rules can lead to administrative penalties, and severe cases result in criminal liability.
3. International Obligations
China is a signatory to Chicago Convention and Montreal Convention, which guide the prosecution of international aviation crimes, including hijacking and sabotage.
⚖️ III. Types of Aviation Offences
Hijacking and Unlawful Seizure of Aircraft
Sabotage or Destruction of Aircraft
Smuggling Dangerous Goods
Violation of Air Traffic Regulations Leading to Accidents
Endangering Flight Safety via Negligence
Terrorist Activities Targeting Aviation
⚖️ IV. Landmark Cases
Here are six notable aviation offence cases in China:
1. Shenzhen Airlines Hijacking Attempt, 2011
Facts:
A passenger attempted to seize control of a domestic flight using a sharp object.
Held:
Court applied Article 114 (hijacking). Defendant sentenced to 15 years imprisonment, fined, and barred from air travel.
Principle:
→ Attempted hijacking is treated as a serious threat to public safety with severe criminal penalties.
2. Smuggling of Explosives via Air Cargo, 2014 (Guangdong)
Facts:
Individuals attempted to smuggle explosives on a cargo flight destined for another province.
Held:
Court applied Articles 115 and 224. Offenders received 7–10 years imprisonment, and explosives were confiscated.
Principle:
→ Transporting dangerous goods by air is a major criminal offence, risking imprisonment and fines.
3. Illegal Drone Operation Causing Flight Danger, 2016 (Beijing)
Facts:
A hobbyist operated a drone near Beijing Capital Airport, interfering with flight operations.
Held:
Court applied Article 115 (endangering public safety). Offender received 2 years imprisonment with suspension, plus fines.
Principle:
→ Unauthorized UAV operation near airports can constitute criminal liability, even if no accident occurs.
4. Sichuan Airlines Flight Accident due to Crew Negligence, 2017
Facts:
Crew failed to properly follow pre-flight checks, causing a minor accident during takeoff.
Held:
Court applied Article 115 (negligence endangering flight safety). Pilot and co-pilot received 1–2 years imprisonment with suspended sentences, administrative fines, and license suspension.
Principle:
→ Negligence violating aviation safety rules can result in criminal liability.
5. Terrorist Threat Against Airplane, 2018 (Shanghai)
Facts:
A passenger sent a hoax bomb threat on a domestic flight to extort money.
Held:
Court applied Article 114 (terrorism and threats) and Article 224 (endangering flight safety). Defendant sentenced to 10 years imprisonment.
Principle:
→ Threats or hoaxes compromising aviation safety are treated as severe crimes, regardless of actual capability.
6. Air Cargo Fraud Involving Dangerous Goods, 2019 (Guangxi)
Facts:
A logistics company misdeclared hazardous chemicals on a flight. Authorities discovered the shipment during inspection.
Held:
Court applied Article 224 and 115. Corporate executives received 3–5 years imprisonment, and the company fined heavily.
Principle:
→ Misrepresentation of cargo safety for profit constitutes criminal liability, especially for hazardous goods.
7. Hangzhou Airport Runway Incursion Case, 2020
Facts:
Ground staff allowed unauthorized vehicles onto the runway, endangering an incoming flight.
Held:
Court applied Article 115 (endangering public safety). Manager sentenced to 2 years imprisonment, staff received 6–12 months suspended sentences.
Principle:
→ Violation of airport safety protocols by staff can trigger criminal prosecution.
🧠 V. Key Takeaways
Aviation offences are treated very seriously in China due to potential loss of life.
Hijacking, sabotage, and threats carry long-term imprisonment.
Smuggling dangerous goods or misdeclaring cargo is a criminal offence.
Negligence by pilots, crew, or airport staff can also lead to criminal liability.
Drones and UAVs near airports are considered potential threats under the law.
⚖️ VI. Conclusion
China has a strict legal framework to protect aviation safety:
Criminal Law: Hijacking, sabotage, threats, negligence, smuggling
Civil Aviation Law: Regulatory compliance, administrative sanctions
Cyber & Airspace Laws: UAV and drone regulations
The cases (Shenzhen Airlines hijacking attempt, explosive smuggling, drone interference, crew negligence, terrorist hoax, cargo fraud, Hangzhou runway incursion) demonstrate:
Individuals and corporate entities can be held criminally liable
Severity of punishment depends on the risk to life and property
Courts often combine endangering public safety, smuggling, and negligence provisions for prosecution
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