TNAG-1825-FCO40-2592-Hong-Kong-and-the-UK-Criminal-Justice-Bill-Administration-of-1988 — Page 199

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

7

2

one

states involved, but is not a general arrangement because it is only dealing with one or two offences. We believe that really

there is

may call "ordinary" distinction between what a

extradition and these special cases of international conventions. Our suggested addition to clause 1 is meant to bring this out. The arrangements will be with a view to the operation of that Part. It is of course actually put into operation by an order in

clause

This is

is different from an Council under etagare 2.

Order in

Council made under one of the Acts giving force to international

conventions.

*

I belive

Our other comment

comment is about incomplete offences.

the explanation to be that I seating of the Abellons Act 1861 enables there

Accessorie

refer to conspiracy.

If

which you refer us carefully mention attempts.

omission the

is

opportunity to put it right?

office to he

portinginlay in an charged with the

Spence dielf,

das will not appl

ه است الله فا

The Acts to

But they do not

We are not quite sure why this should be.

accidental,

the present

difficult too see what an attempt to commit an offence would be.

we should

There may be cases where it is

use

In the draft which we

we sent to Mrs Evans

have referred to

torture.

This seems

odd.

We

were following the

attempted

were convinced of the utility of speaking of attempted torture.

need to earlier Acts, but more because they were there than because we

Conspiracy to torture seems

quite apart from conspiracy, why is

an easier idea to understand. And

it that

that the Acts do not

mention aiding, abetting, counselling and procuring?

referred to procuring in our letter to Mrs Evans.

as many foreign

systems do not

recogivee an offen

of Curagingy,

Conventing de

not munthin it -

We have

There is a

special difficulty there because the Torture Convention talks of

an offence at acquiescing, and acquiescing to a crime is not

common law one has to fall back on one of the other offences.

the over ofte

do enough of

ماشا

work

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