Hanoi has asked the Central Criminal Court to extradite Tong to face charges of violating Vietnam's airspace.

Tong, a US citizen who formerly flew jet fighters for South Vietnam, completed a jail term in May for forcing pilot Thira Soukying, who had flown with him ostensibly as a flight instructor, to yield control of the twin-engine aircraft they were flying in November 2000.

Tong then flew the plane from Hua Hin to Ho Chi Minh City and dropped anticommunist leaflets over the city. He was arrested after making a forced landing at U-Tapao Air Force Base on his return to Thailand.

Hanoi first requested Tong's extradition in December 2004, seeking to prosecute him under articles 81 and 88 of the country's penal code for endangering Vietnam's national security and conducting a propaganda campaign against the communist regime.

Thailand's 1929 Extradition Law prohibits returning people accused of political crimes to face punishment in other countries.

To get around this, Hanoi agreed to Bangkok's suggestion that the propaganda-related charge be dropped as it could be deemed political, a Thai Foreign Ministry official told the court.

The court will decide whether Tong's act constitutes a political crime as soon as both sides complete their testimonies. The next round of hearings will be held on August 7.

Tong told the court yesterday he should not be charged with violating Vietnamese airspace.

He blamed it on Thira who, he said, had voluntarily flown to Vietnam with him for US$15,000 (Bt570,000).

 Supalak Ganjanakhundee

 The Nation