BY FAX
+852 877 2130
P.01
de with
53
ра
05-SEP-1991 10:04
Ms Dickson
This looks as
A.G.'S CHAMBERS
SD 6gA.G.
though it has something to do
your recent work on extradition.
Can you help please?,
Will Banett
政署
國際法律科
PETERSB
政府合署東座4樓
5/9
專用電訊:B1710 HKAGC HX 電訊傳真:852-8772130
Miss Wilmshurst
*** OUR REF.:
來函檔號 YOUR REF.:
THE TEL NO.:
IL/TRE/1/4
810 2131
Mr Shaun Riordan
ATTORNEY GENERAL'S CHAMBERS INTERNATIONAL LAW DIVISION
3/F., EAST WING,
CENTRAL GOVERNMENT OFFICES LOWER ALBERT ROAD, HONG KONG.
Telex: 81710 HKAGC HX Fax: 852-8772130
Miss Barrett passed this to me but Hong Kong department are pressing for a respouse and she asked me to pass it to if you think it can awant
will deal with it
my
4 September 1991
Mk2241/ Slickson 6/9
Hong Kong Department
FCO Whitehall SW1
Dear Shaun
↑ Cc
return
Ms Barrell (timed). Grateful for
advice on a reply,
please
2
Back tome.
you
Cluri sanity
579.
Hong Kong is currently preparing legislation which will permit the Torture Convention to be applied.
2.
That legislation will have to make provision for the extradition of persons to States Parties to the Convention for offences of torture. It is proposed that the statutory regime found in Schedule 1 to the Extradition Act 1989 (U.K.] regulate requests for extradition for offences of torture by foreign states [as opposed to Commonwealth countries]; the Hong Kong legislation will so provide.
3.
Where there are preserved orders-in-council under section 2 of the Extradition Act 1870 applying to particular foreign states it would seem that that those orders-in-council will permit extradition for offences of torture.
This is because section 136 of the Criminal Justice Act 1988 included 'torture' in the list of extradition crimes contained in Schedule 1 to the Extradition Act 1870. Even though that section and the Extradition Act 1870 have been repealed by the Extradition Act 1989 the definition of 'extradition crime' in relation to the aforementioned foreign states is to be construed by reference to the relevant order-in-council immediately before the coming into force of the Extradition Act 1989.
[See section 20 of Schedule 1 to the Extradition Act 1989.]
4.
Section 2 of the Extradition Act 1870 provides that the operation of orders-in-council made pursuant to section 2 may be subject to such conditions etc as may be