TNAG-1825-FCO40-2592-Hong-Kong-and-the-UK-Criminal-Justice-Bill-Administration-of-1988 — Page 109

vian offence under section 1(3) of the Act.

(C) The provisions of the Criminal Justice Act mentioned in subsection (1) above are

(2) section (1) to (8);

(b) sections 3 to 10: and

(c) sections 12 to 18.

1986

(3) An Order in Council under this section may not provide that a court determining whether a person arrested for an offence mentioned in subsection (1) above shall not be under a duty to determine whether the evidence would be sufficient to warrant his trial if the offence had taken place within the jurisdiction of the court.

(4) For the purposes of the provisions of that Act specified in subsection (2) above, in their application by virtue of an Order in Council under this section as between the United Kingdom and any other State, any act or omission, wherever it takes place, which is-

(a) an offence mentioned in subsection (1) above; and

(b) an offence against the law of that State,

shall be deemed to be an offence committed within the territory of that State."

49B. The following subsections shall be substituted for section 4(1) of that

Act-

"(1) Sections 17 and 22 of the Extradition Act 1870 shall extend to section 3 above.

(1A) Sections 19, (Application of general extradition arrangements to Colonies) and (Special extradition arrangements Colonies) of the Criminal Justice Act 1988 shall extend to section 3A above."..

Page 152, line 35 [ Schedule 14 ], at end insert-

'Civil Aviation Act 1982 (c.16)

73A. The Civil Aviation Act 1982 shall be amended as follows.

73B. In section 92(5), after the word "section", in the first place where it occurs, there shall be inserted the words "and in sections 93 and 93A below".

73C. The following sections shall be inserted after section 96--

"Extradition under Part I of Criminal Justice Act 1983.

93A. (1) Where-

(a) no such arrangement as is mentioned in section 2 of the Extradition Act 1870 has been made with a Convention country; and

(b) general extradition arrangements have not been made with that country under Part 1 of the Criminal Justice Act 1988,

Her Majesty may by Order in Council direct that the provisions of the Criminal Justice Act 1988 specified in subsection (2) below shall apply as between the United Kingdom and that country, subject to the limi tians, restrictions, exceptions and

1001