TNAG-1825-FCO40-2592-Hong-Kong-and-the-UK-Criminal-Justice-Bill-Administration-of-1988 — Page 123

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Torture

Mr Secretary Hurd

CRIMINAL JUSTICE BILL, AS MENDED

HEW CLAUSES

To move the do

ing clause-

1 Torture

'(2) A public official or person acting in an official

capacity, whatever his nationality, commits the offence of

torture if in the United Kingdom or elsewhere he intentionally

inflicts severe pain or suffering on another in the performance

or purported performance of his official duties.

(2) A person not falling within subsection (1) above commits

the offence of torture, whatever his nationality if-

(a) in the United Kingdom or elsewhere he intentionally

inflicts severe pain or suffering on another at

the instigation or with the consent or

acquiescence-

(i) of a public official; or

(ii) of a person acting in an official

capacity; and

(b) the official or other person is performing or

purporting to perform his official duties when he

instigates the commission of the offence or

consents to or acquiesces in it.

(3) It is immaterial whether the pain or suffering is

physical or mental and whether

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tis caused by an act or an

May 2, 1983

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