An act is not a “terrorist act” however if: (a) (b) it is committed as part of an advocacy, protest, demonstration, dissent or industrial action and is not intended to result in any harm mentioned in subparagraph (i), (ii), (iii) or (iv) of subsection (2); or it occurs in a situation of armed conflict and is, at the time and in the place it occurred, in accordance with rules of international law applicable to the conflict. The question of who is an asylum seeker is therefore to be considered in certain circumstances together with the definition of a terrorist in the Immigration Act, which definition can be assessed as fair and reasonable, and as adhering to the principles of the Refugee Convention. The Civil Aviation (Security) Act 1994 This Act provides specific offences which might be relevant in matters of terrorism, hijacking, aircraft sabotage, endangerment of aircraft, threats and false statements as regards aircraft or airports. It deals with powers of search, arrest and detention, and the grant of such powers appears no more than sufficient without being draconian. The Advisory Council of Jurists observes and recommends that: 1. The power to derogate from the rights listed in the Bill of Rights when a state of emergency is proclaimed should be interpreted so as to preserve the constitutional rights to the fullest extent possible and in light of the limits on derogation imposed by the ICCPR. 2. Consideration should be given to the removal of the derogation of rights permitted under the Constitution during an emergency which offend against Articles 7 and 8 of the ICCPR, namely the freedom not to be subjected to torture, or to cruel, inhuman or degrading treatment or punishment, and the freedom not to be held in slavery or servitude or to be required to perform forced or compulsory labour. 3. The definition of ‘terrorist emergency’ in the Suppression of Terrorism Decree and the definition of terrorism in the Intelligence Service Decree are drafted broadly and may unintentionally include such activities as a protest that may have resulted in violence and 90