WEDNESDAY, DECEMBER 18,
1991
"THE REASON FOR THIS IS SIMPLE: THESE SECTIONS OF THE ACT HAVE BEEN DESIGNED TO MEET EFFECTIVELY THE UK'S OBLIGATIONS UNDER THE CONVENTION AND THEREFORE PROVIDE A GOOD MODEL FOR OUR DRAFTING PURPOSE," HE SAID.
MR SZE EXPLAINED THAT THE BILL PROVIDED THAT, IF ANY PUBLIC OFFICIAL OR PERSON ACTING IN AN OFFICIAL CAPACITY INTENTIONALLY INFLICTED SEVERE PAIN OR SUFFERING ON ANOTHER. WHETHER PHYSICAL OR MENTAL, IN THE PERFORMANCE OR PURPORTED PERFORMANCE OF HIS OFFICIAL DUTIES, HE COMMITTED THE OFFENCE OF TORTURE.
ANY OTHER PERSON WHO INFLICTED SEVERE PAIN OR SUFFERING ON ANOTHER ÅT THE INSTIGATION OF OR WITH THE CONSENT OR ACQUIESCENE OF A PUBLIC OFFICIAL OR PERSON ACTING IN AN OFFICIAL CAPACITY, EITHER OF WHOM WAS IN THE PERFORMANCE OR PURPORTED PERFORMANCE OF HIS OFFICIAL DUTIES, WOULD ALSO BE CAUGHT BY THE PROVISIONS OF THE BILL.
MR SZE SAID AS STIPULATED IN THE TORTURE CONVENTION, PAIN AND SUFFERING INFLICTED BY THE USE OF REASONABLE FORCE BY LAW ENFORCEMENT OFFICERS IN THE COURSE OF MAINTAINING LAW AND ORDER SHOULD NOT BE CLASSIFIED AS TORTURE.
"HENCE, THE BILL
PROVIDES FOR A DEFENCE BASED ON 'LAWFUL AUTHORITY, JUSTIFICATION, OR EXCUSE' AGAINST THE CHARGE OF TORTURE.
ADDED.
"THE SAME DEFENCE IS PROVIDED IN THE 1988 ACT IN THE UK," HE
MR SZE SAID TO CONFORM WITH THE CONVENTION AND FOLLOWING THE APPROACH OF THE 1988 ACT, THE BILL MADE AN OFFENCE OF TORTURE COMMITTED OUTSIDE HONG KONG AN OFFENCE UNDER THE BILL.
"THE BILL ALSO PERMITS EXTRADITION ΤΟ BE GRANTED ΤΟ STATES PARTIES TO THE CONVENTION, WHETHER HAVING AN EXTRADITION RELATIONSHIP WITH HONG KONG OR NOT, FOR OFFENCES CREATED BY THE BILL.
+
"THIS IS NECESSARY TO FULFIL THE OBLIGATIONS
OF THE TORTURE CONVENTION.
UNDER ARTICLE 8
"THE PROPOSED MAXIMUM PUNISHMENT FOR THE OFFENCE OF TORTURE
IS
IMPRISONMENT FOR LIFE," HE SAID.
DEBATE ON THE BILL WAS ADJOURNED.
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