HKC241/7
Mr C Sainty
Reference
54
Letter out cleared with das Wilmshut
From:
Ms E S Wilmshurst Legal Advisers
K 188
270 3061
Date:
10 September 1991
Ra.
CS
Hong Kong Department
HONG KONG:
TORTURE CONVENTION
1.
In the absence of various colleagues, Mr Hunter's letter of 4 September has landed with me. I am not an extradition expert, and if I am missing the subtleties of what seems to me a very simple question, I hope Hong Kong will forgive me.
2.
An Order in Council made under the Extradition Acts 1870-1935 had the effect of incorporating in UK law the provisions of the bilateral Treaty which was scheduled to the Order. It thus made extraditable those offences which were set out in the Treaty. The offences in the Treaty had to be chosen from the offences in the list contained in the Extradition Act 1870 - but the Extradition Act did not itself make extraditable any of the offences it listed. An Order in Council was necessary to apply it. This is why in the United Kingdom we have had to make an Extradition (Torture) Order 1991 to make the offence of torture extraditable both in relation to States for which Orders under the Extradition Act were in force (Article 2 of the Order) and in relation to States with which no Extradition Treaties were in force (Article 4 of the Order). I attach a copy of our Order in case you would like to send it to Hong Kong. Otherwise please return it to me.
3.
The short answer to the question in paragraph 6 of Mr Hunter's letter is "no, unless they are amended".
CODE 18-77
EW4AAL
ens
Elizabeth Wilmshurst
53
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