TNAG-1825-FCO40-2592-Hong-Kong-and-the-UK-Criminal-Justice-Bill-Administration-of-1988 — Page 79

CONSIDERATION OF BILL

CRIMINAL JUSTICE BILL, AS AMENDED

NEW CLAUSE

Application of general extradition arrangements to Colonies

Mr Secretary Hurd

To move the following Clause:-

(1) Upon the making of an Order in Council under section 2 above, the provisions of this Act specified in subsection (2) below shall, unless the Order otherwise provides, extend to every colony, as regards the extradition arrange- ments to which the Order refers, but subject-

(a) to the modifications set out in subsections (3) to (6) below; and

(b) to any further modifications as to procedure prescribed by the law of

the colony.

(2) The provisions of this Act mentioned in subsection (1) above are-

(a) section 1(1) to (8);

(b) sections 2 to 10; and

(c) sections 12 to 18.

(3) A reference to the colony shall be substituted for any reference to the United Kingdom or Great Britain.

(4) An extradition request may be made to the governor and the governor may exercise the powers of the Secretary of State.

(5) A reference to a consular representative recognised by the governor shall be substituted for the reference in section 4(1) above to a diplomatic represen- tative recognised by the Secretary of State.

(6) Any reference to a magistrate, judge or court shall be construed as a reference to such judicial authority as the law of the colony may provide.

(7) Her Majesty may by Order in Council direct that in any colony specified in the Order-

(a) the Extradition Act 1870 shall have effect with the amendments made by

this Act; and

(b) the Fugitive Offenders Act 1967 shall have effect with the amendments

and repeals so made.'

17May88.1038