TNAG-1825-FCO40-2592-Hong-Kong-and-the-UK-Criminal-Justice-Bill-Administration-of-1988 — Page 148

(6)

is a party to a relevant Convention; and

(b) general extradition arrangements have not been made with that State under Part I 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 State, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order, as if the relevant Convention constituted general extradition arrangements made with that State under Part I of the Criminal Justice Act 1988, but only in respect of the following offences-

(a) offences which are offences in pursuance of that Con-

vention;

(b) an attempt to commit such an offence;

(c) counselling, procuring, commanding, aiding or abetting

such an offence; and

(d) being accessory before or after the fact to such an

offence.

(2) The provisions of

provisions of the Criminal Justice mentioned in subsection (1) above are-

(a) section 1;

(b) sections 3 to 10; and

(c) sections 12 to 17.

Act 1988

(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 the Criminal Justice Act 1988 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 falls within section 9(4) of this Act shall be deemed to be an offence committed within the territory of that State.

74D. The following subsections shall be substituted for section 39(1) of that Act—

"(1) Sections 17 and 22 of the Extradition Act 1870 shall extend to section 9 above.

(1A) Sections 19 and [ Application to Colonies ] of the Criminal Justice Act 1988 shall extend to sections 9A above.'

Page 153, line 23 [ Schedule 14 ], at end insert-

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