TNAG-0405-FCO40-451-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 104

Evidence to support application

Section 6(2) of the Act provides that a provisional warrant, as in the case of a warrant issued after receipt of the authority of the Secretary of State to proceed, shall be issued only on such evidence as would justify the issue of a warrant in a domestic case.

In practice a sworn information is required showing a reasonable suspicion that an offence (appearing to be a "relevant offence" within section 3 of the Act) has been committed and that the accused is the guilty party. (For the form of information used at Bow Street, see Doc. 29 in Appendix I.) The facts stated in this information necessarily rest on the communication from the Commonwealth country concerned.

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As a result of the change brought about by the Act of 1967 in the scope of returnable offences within the Commonwealth, the practice of Commonwealth countries of stating, when making applications through police channels for a provisional warrant, that the offence is punishable by twelve months. imprisonment or more (which has been followed in consequence of a Colonial Office circular suggesting that such action, while not necessary in law to secure the issue of a provisional warrant, might avoid possible delay at a later stage of the case A.53421), has needed to be widened, in the case of independent Commonwealth countries, so that it is made clear at the outset that the offence for which return is being sought falls within the scope of section 3 of the 1967 Act.

It is, of course, essential that a warrant against the accused should be in existence in the country against whose law the offence is said to have been committed. (This was first established on X. 75544/7.)

It is necessary therefore for any application for the provisional arrest of a fugitive offender to contain the following: -

(i) a description of the offence (i. e. what is alleged, and where and when

it took place);

(ii)

(iii)

(iv)

a statement that a warrant is in existence against the accused or that he is an escaped prisoner;

a statement that the offence is believed to be a "relevant offence" within section 3 of the Act;

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a statement that it is intended to make a request for the person's return under section 5 of the Act.

Under section 6(3) of the Act, when a magistrate issues a provisional warrant, he must immediately inform the appropriate Secretary of State and forward to him the information and evidence, or copies thereof, upon which the warrant was issued. (The form used by Bow Street for this purpose is shown as Doc. 31 in Appendix I.)

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