TNAG-1825-FCO40-2592-Hong-Kong-and-the-UK-Criminal-Justice-Bill-Administration-of-1988 — Page 203

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

"(3) Where-

(a) no such arrangement as is mentioned in section 2 of

the Extradition Act 1870 had 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

that Act, but only in respect of offences under this Act and

attempts to commit such offences.

(3A) An Order in Council under subsection (3) above may not

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

(4) For the proposes of Part I of the Criminal Justice Act

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

subsection (3) above as between the United Kingdom and any

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

which-

(a) is an offence under this Act or an attempt to

commit such an offence, and

(b) is an offence against the law of that State,

shall be deemed to be an offence committed within the territory

of that State."

22 March 1988

j042

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