TNAG-1825-FCO40-2592-Hong-Kong-and-the-UK-Criminal-Justice-Bill-Administration-of-1988 — Page 169

It follows that first we need to make sub-paragraph (i) of clause

18(1)(a) parallel to sub-paragraph (ii) Next we need a

paragraph in subsection (4) stating what the relevant legislation

is in a case that falls within Part I of the Bill. This seems to

come logically after paragraph (a), the paragraph which states that the relevant legislation for a case under the 1870 Act is

the Acts of 1870 to 1935. We have therefore completely deleted

paragraph (c). You will see that the new paragraph that we

propose to insert does not refer to clauses 1 to 17. Clause

18 (4) should not be referring to clause 2, because that clause is about machinery, not about the extradition procedures themselves. Conversely, we have to bring in clause 1, although that does not fall within the definition of "extradition procedures" in clause

1(2).

If we do not include a reference to clause 1 in clause

18(4), we lose the basic propositions of Part I. Clause 11 does not need to be mentioned, because it operates as a piece of independent machinery, comparable to clause 2.

The amendments for clause 1 are due to our study of clause 18.

We believe that subsection 1)(a)(i) of that clause needs to

refer to the 1870 Act and to Part I. In other words it needs to

cover what one may call the old extradition procedures and the

new. We now perceive that, if one simply talks of extradition procedures being available, there is an incorrect implication that extradition procedures can only be available under Part I. This is of course very far from the case. The 1870 Act will be

with us for many years to come. It is for this reason that we

have included the words "under this Part of this Act" in the

first amendment for clause 18 and that we propose the insertion