TNAG-1825-FCO40-2592-Hong-Kong-and-the-UK-Criminal-Justice-Bill-Administration-of-1988 — Page 126

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(1) Where-

(a) no such arrangement as is mentioned in section 2 of

the Extradition Act 1870 has been made with a

State which is a party to the Torture Convention;

and

(b) general extradition arrangements have not been made

with that State under Part I of this Act,

Her Majesty may by Order in Council direct that the provisions of

this Act specified in subsection (2) below shall apply as between

the United Kingdom and that State, subject to the limitations,

restrictions, exceptions and qualifications, if any, contained in

the Order, as if the Torture Convention constituted general

extradition arrangements made with that State under Part I of

this Act, but only in respect of the following offences-

(i) torture;

(ii) attempted torture;

(iii) counselling, procuring,

commanding, aiding or abetting torture; and

(iv) being accessory before or after the

fact to torture.

(2) The provisions of this Act mentioned in subsection (1)

above ar≈-

(a) section 1(1) to (8);

(b) sections 3 to 10; and

(c) sections 12 to 13.

(3) An Order in Council under this section may not provide

that a court determining whether a person arrested for an offence

May 2, 1933

36

SO