TNAG-1825-FCO40-2592-Hong-Kong-and-the-UK-Criminal-Justice-Bill-Administration-of-1988 — Page 184

Page 153, line 45 [Schedule 14], at end insert-

Nuclear Material (Offences) Act 1983 (c.18)

79A.-(1) The following subsections shall be substituted for

subsection (2) of section 5 of the Nuclear Material (Offences)

Act 1983 (extradition)-

"(2) 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 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 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 Convention constituted general

extradition arrangements made with that State under Part I of

the Criminal Justice Act 1988, but only in respect-

(i) of an offence mentioned in

paragraphs (a) to (d) of subsection (1) of

section 1 of this Act which is committed by

doing an act in relation to or by means of

nuclear material;

(ii) of an offence under section 2 of

this Act; and

(iii) of an attempt to commit an offence.

mentioned in paragraph (i) or (ii) above.

29 March 1938

j042