05-SEP-1991 10:05
A.G.'S CHAMBERS
2
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+852 877 2130
P.02
deemed expedient.
Orders-in-council
made as a result of the conclusion of bilateral extradition treaties typically provide that the Extradition Acts 1870 to 1935 apply in the case of the relevant foreign state in accordance with the aforementioned treaty.
5.
It has occurred to us that it is arguable that any list of extraditable offences in the relevant treaty will, in effect, read down or modify the list in the Extradition Act 1870. In other words if the treaty does not make torture extraditable [ãs, I think is the invariable case] does it operate to modify the list in the statute by excluding torture. The typical order-in-council wording which has been referred to does suggest that the relevant treaty is to have some effect on the operation of the statute.
6.
We should accordingly be grateful for a legal view as to whether the preserved orders-in-council made pursuant to section 2 of the Extradition Act 1870 do in fact permit extradition for offences of torture.
Best Regards
秘
کجا
{J M Hunter)
Senior own Counsel (International Law)
TOTAL P.02
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1991-08-26 21:41
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