Andele 3.
Penn Hable o be renumedi.
Doximated Commonwealıb countries and trated Kingdom dependencies
2
SCHEDULE TO THE ORDER.
PROVISIONS OF FUGITIVE OFFENDERS Act 1967 as EXTENDED
TO HONG KONG.
Return of offenders to the United Kingdom, Commonwealth countries, the Republic of Ireland and dependencies.
1.
Subject to the provisions of this Act, a person found in Hong Kong who is accused of a relevant offence in any other country being-
(a) the United Kingdom; or
(8) a Commonwealth country designated for the purposes of this section under section 201) of this Act or the Republic of Ireland:
(c) a United Kingdom dependency as defined by section 2(2) of this
ACL
or who is alleged to be unlawfully at large after conviction of such an offence in any such country, may be arrested and returned to that country as provided by this Act
2. (1) The Governor may, with the approval of the Secretary of Stale, by onder designate for the purposes of section 1 of this Act any country for the time being mentioned in section 1(3) of the British Nationa- lity Act 1948(a) (countries having separate cidzenship), 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— (4) any colony (not being a colony for whose external relations a
country other than the United Kingdom is responsible);
(6) Any associated state within the meaning of the West Indies Act
1967(6): and
(c) any country outside Her Majesty's dominions (being a country in which Her Majesty has jurisdiction, or over which She extends protection, 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.
8) 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 10, 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
00 1943 6. 16.
CHE LIMIT 4. 4.
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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 in 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 greatet punishment,
(b) 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
(e) 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 circum. stances 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 falit within a description set out in Schedule I 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 conspiring to commit, of assisting, counsel- 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.
4.
(1) A person shall not be returned under this Act to a designated Commonwealth country or the Republic of Ireland, or committed to or kept in custody for the purposes of such return, if it appears to the Governor, to the court of committal or to the Full Court or a judge of the Supreme Court on an application for habeas corpus-—----
() 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 in his personal liberty by reason of bis race, religion, nationality or political opinions.
Relevant odemus.
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