TNAG-1825-FCO40-2592-Hong-Kong-and-the-UK-Criminal-Justice-Bill-Administration-of-1988 — Page 183

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Her Majesty may by Order in Council direct that Part I of the

Criminal Justice Act 1988 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

offences which are offences in pursuance of that Convention.

(2A) An Order in Council under subsection (2) above may not

exclude section 6(8) (a) of the Criminal Justice Act 1988."

(2) The following subsection shall be added after

subsection (4) of that section-

"(5) For the purposes of Part I of the Criminal Justice Act

1988, in its application by virtue of an Order in Council under

subsection (2) above as between the United Kingdom and any

other State any act or omission, wherever it takes place,

which-

(a) is an offence under any of the preceding provisions

of this Part of this Act (other than sections 4

and 7) or an attempt to commit such an offence, or

would be such an offence or attempt but for

section 1(2), 2(4) or 3 (5) or (6) of this Act, and

(b) is an offence against the law of any State in the

case of which Part I of the Criminal Justice Act.

1988 has been applied by an Order in Council under

subsection (2) above,

shall be deemed to be an offence committed within the territory

of that State."/

29 March 1988

j042

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.