THURSDAY, DECEMBER 5,
1991
"IN DRAFTING THE BILL, WE HAVE BROADLY FOLLOWED THE APPROACH TAKEN IN SECTIONS 134 TO 138 OF THE CRIMINAL JUSTICE ACT 1988 WHICH WAS ENACTED BY THE UNITED KINGDOM TO MEET ITS OBLIGATIONS UNDER THE CONVENTION, THE SPOKESMAN EXPLAINED.
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"UNDER THE BILL, IF ANY PUBLIC OFFICIAL OR PERSON ACTING IN AN OFFICIAL CAPACITY INTENTIONALLY INFLICTS SEVERE PAIN OR SUFFERING ON ANOTHER, WHETHER PHYSICAL OR MENTAL, IN THE PERFORMANCE OR PURPORTED PERFORMANCE OF HIS OFFICIAL DUTIES, HE COMMITS THE OFFENCE OF TORTURE.
"OTHER PERSON WHO COMMITS ACTS OF TORTURE AT THE INSTIGATION OF OR WITH THE CONSENT OR ACQUIESCENCE OF A PUBLIC OFFICIAL OR PERSON ACTING IN AN OFFICIAL CAPACITY WILL ALSO BE CAUGHT UNDER THE PROPOSED LEGISLATION, HE SAID.
TO ENABLE COMPLIANCE WITH THE CONVENTION AND FOLLOWING THE APPROACH OF THE 1988 ACT, ALL ACTS OF TORTURE COMMITTED OUTSIDE HONG KONG WILL ALSO BE MADE AN OFFENCE UNDER THE BILL.
THE PROPOSED MAXIMUM PUNISHMENT FOR THE OFFENCE OF TORTURE IS IMPRISONMENT FOR LIFE.
"TO ENSURE THAT PAIN AND SUFFERING INFLICTED BY THE USE OF REASONABLE FORCE BY LAW ENFORCEMENT OFFICERS IN THE COURSE OF MAINTAINING LAW AND ORDER WOULD NOT BE CLASSIFIED AS TORTURE, THE BILL ALLOWS 'LAWFUL AUTHORITY, JUSTIFICATION, OR EXCUSE' TO BE CITED AS DEFENCE AGAINST THE CHARGE OF TORTURE UNDER CERTAIN CIRCUMSTANCES," THE SPOKESMAN SAID.
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THE BILL ALSO PERMITS EXTRADITION TO 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 INTENDED TO FULFIL THE OBLIGATIONS UNDER THE CONVENTION.
THE CRIMES (TORTURE) BILL 1991, TO BE GAZETTED TOMORROW (FRIDAY), WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL ON DECEMBER 18.
THE CONVENTION WILL BE EXTENDED TO HONG KONG ONCE THE BILL HAS BEEN ENACTED.
LORD CAITHNESS ARRIVES TOMORROW
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THE MINISTER OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS WITH SPECIAL RESPONSIBILITY FOR HONG KONG, LORD CAITHNESS, WILL ARRIVE TOMORROW (FRIDAY) FOR A TWO-DAY VISIT.
HE WILL ARRIVE AT MAN KAM TO FROM SHENZHEN AND WILL TAKE A HELICOPTER FOR FENWICK PIER STREET HELIPAD.
/DURING HIS
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