TNAG-1825-FCO40-2592-Hong-Kong-and-the-UK-Criminal-Justice-Bill-Administration-of-1988 — Page 124

(4) It shall be a defence for a person charged

G

offence under this section in respect of any conduce of his vo

prove that he had lawful authority, justification or excuse for

that conduct.

jus

(5) For the purposes of this section "lawful authority,

IF

casion or excuse means

(a) in relation to pain or suffering inflicted in the

United Kingdom, lawful authority, justification or

excuse under the law of the part of the United

Kingdom where it was inflicted;

(b) in relation to pain or suffering inflicted outside

the United Kingdom-

(i) if it was inflicted by a United

Kingdom official acting under the law of the

United Kingdom or by a person acting in an

official capacity under that law, lawful

authority, justification or excuse under that

law;

(ii) if it was inflicted by a United

Kingdom official acting under the law of any

part of the United Kingdom or by a person

acting in an official capacity under such

law, lawful authority, justification or

excuse under the law of the part of the

United Kingdom under whose law he was acting;

and

ii) in any other case,

May 9

1988