Designated Common- wealth countries
and United
Kingdom depend- encies.
Relevant
offences.
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FUGITIVE CRIMINAL
2-(1) The Governor may, with the approval of the Secretary of State, by order designate for the purposes of section 1 of this Act any country for the time being mentioned in section 1(3) of the British Nationality Act 1948(a) (countries having separate citizenship), or any other country within the Commonwealth; and any country so designated is in this Act referred to as a designated Commonwealth country.
(2) In this Act the expression "United Kingdom dependency" means- (a) any colony (not being a colony for whose external relations a
country other than the United Kingdom is responsible);
(b) any associated state within the meaning of the West Indies Act
1967(b); and
(c) any country outside Her Majesty's dominions (being a country in which Her Majesty has jurisdiction, or over which She extends pro- tection, in right of Her Government in the United Kingdom) to which the Governor may, with the approval of the Secretary of State, by order apply this subsection,
not being in any case a country which is or forms part of a designated Commonwealth country.
(3) The Governor may, with the approval of the Secretary of State, by order direct that this Act shall have effect in relation to the return of persons to, or in relation to persons returned from, the United Kingdom, any designated Commonwealth country, the Republic of Ireland or any United Kingdom, dependency subject to such exceptions, adaptations or modifications as may be specified in the order.
(4) For the purposes of any order under subsection (1) of this section, any territory for the external relations of which a Commonwealth country is responsible may be treated as part of that country or, if the Government of that country so requests, as a separate country.
3-(1) For the purposes of this Act an offence of which a person is accused or has been convicted the United Kingdom or a designated Commonwealth country or the Republic of Ireland or a United Kingdom dependency is a relevant offence if-
(a) in the case of an offence against the law of a designated Common. wealth country or the Republic of Ireland, it is an offence which, however described in that law, falls within any of the descriptions set out in Schedule 1 to this Act, and is punishable under that law with imprisonment for a term of twelve months or any greater punishment; () in the case of an offence against the law of the United Kingdom or a United Kingdom dependency, it is punishable under that law, on conviction by or before a superior court, with imprisonment for a term of twelve months or any greater punishment; and
(c) in any case, the act or omission constituting the offence, or the equivalent act or omission, would constitute an offence against the law of Hong Kong if it took place within Hong Kong or, in the case of an extra-territorial offence, in corresponding circumstances outside Hong Kong.
(2) In determining for the purposes of this section whether an offence against the law of a designated Commonwealth country or the Republic of Ireland falls within a description set out in Schedule 1 to this Act. any special intent or state of mind or special circumstances of aggravation which may be necessary to constitute that offence under the law shall be disregarded.
(3) The descriptions set out in Schedule 1 to this Act include in each case offences of attempting or coaspiring to commit, of assistine, counsel.
S.I. 1967/1911
ling or procuring the commission of or being accessory before or after the fact to the offences therein described, and of impeding the apprehension or prosecution of persons guilty of those offences.
(4) References in this section to the law of any country include refer ences to the law of any part of that country.
5283
4.—(1) A person shall not be returned under this Act to a designated General Commonwealth country or the Republic of Ireland, or committed to or restrictions. kept in custody for the purposes of such return, if it appears to the on return. Governor, to the court of committal or to the Full Court or a jużze of
the Supreme Court on an application for habeas corpus-
(a) that the offence of which that person is accused or was convicted
is an offence of a political character;
(b) that the request for his return (though purporting to be made on
account of a relevant offence) is in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions; or
(c) that he might, if returned, be prejudiced at his trial or punished, detained or restricted his personal liberty by reason of his race, religion, nationality or political opinions.
(2) A person accused of an offence shall not be returned under- this Act to any country, or committed to or kept in custody fc: the purposes of such return, if it appears as aforesaid that if charges with that offence in Hong Kong he would be entitled to be discharged der any rule of law relating to previous acquittal or conviction.
(3) A person shall not be returned under this Act to any cestry, or committed to or kept in custody for the purposes of such return, ziess provision is made by the law of that country, or by an arrangemeɔ: made with that country, for securing that he will not, unless he has firm been restored or had an opportunity of returning to Hong Kong, be dealt with in that country for or in respect of any offence committed beic:: his return under this Act other than-
(u) the offence in respect of which his return under this Act is requested; (b) any lesser offence proved by the facts proved before the ce of
committal; or
(c) any other offence being a relevant offence in respect of which the
Governor may consent to his being so dealt with.
(4) Any such arrangement as is mentioned in subsection (3) of this section may be an arrangement made for the particular case c: an arrangement of a more general nature; and for the purposes of thi: ¡ub- section a certificate issued by or under the authority of the Gov:nor confirming the existence of an arrangement with any country and sating its terms shall be conclusive evidence of the matters contained in the certificate.
(5) The reference in this section to an offence of a political chanter does not include an offence against the life or person of the Head of the Commonwealth or any related offence described in section 3(3) of this
ACL
Proceedings for return
5.-(1) Subject to the provisions of this Act relating to provis:nal Authority warrants, a person shall not be dealt with thereunder except in pace to proceed. of an order of the Governor (in this Act referred to as an arily
to proceed), issued in pursuance of a request made to the Gor by or on behalf of the Governnient of the United Kingdom, or of the Republic of Ireland, or of the designated Commonwealth country, e by of the United Vinodams dependency in which the person to
the C. ***