TNAG-2832-FCO40-4085-Aviation-security-in-Hong-Kong-1993 — Page 66

1982 Ed.]

Extradition & Protection of Aircraft,

[App. III

DE 9

{

C

C

C

PART II

APPLICATION OF HE EXTRADITION ACTS IN THE CASE OF THE STATES

MENTIONED IN PART I

1. The Extradition Acts shall hereby have effect as if the only extradition crimes within the meaning of the Act of 1870 were offences under Part I of the Protection of Aircraft Act 1973 and attempts to commit such offences.

2. The Extradition Acts shall hereby only apply where the case is such that paragraphs 2 and 4 of Article 8 of the Convention apply.

3. No proceedings shall be taken on an application by information or complaint, for a provisional warrant of arrest (that is to say, a warrant issued under section 8 of the Act of 1870 otherwise than in pursuance of sub-paragraph 1 of the first paragraph thereof), and no such warrant shail be issued, unless the application is made with the consent of the Secretary of State signified by an order in the form set out in Part III of this Schedule or in a form to the like effect; but, subject as aforesaid. the signification of consent shall not affect the provisions of the said section S.

4.

Without prejudice to sections 3. 9 and 11 of the Act of 1870. the fugitive criminal shall not be surrendered if-

(a) it appears to the Secretary of State, to the magistrate hearing the case in pursuance of section 9 of that Act or to the High Court on an application for a writ of habeas corpus-

(i) that the request for his surrender (though purporting to be made on account of such an offence as is mentioned in paragraph I above) is in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions, or

(ii) that he might. if surrendered, be prejudiced at his trial or punished. detained or restricted in his personal liberty by reason fo his race, religion. nationality or political opinions, or

(iii) that if charged in England or Wales with the offence of which he is accused he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction; or

(b) it appears to the Secretary of State or to the High Court on an application

for a writ of habeas corpus that-

5.

(i) by reason of the passage of time since the fugitive criminal is alleged to have committed the offence of which he is accused or to have become unlawfully at large. or

(ii) because the accusation against him is not made in good faith in the interests of justice, it would, having regard to all the circumstances. be unjust or oppressive to surrender him.

(1) Without prejudice to his so deciding on other grounds, the Secretary of State may, in the circumstances mentioned in the following subparagraph, decide not to make an order or issue a warrant—

(a) for the purposes of paragraph 3 above signifying his consent to an

application for a provisional warrant of arrest, or

(b) under section 7 of the Act of 1870 requiring the issue of a warrant of arrest.

or

(c) under section 11 of the Act of 1870 ordering the fugitive criminal to be

surrendered.

(2) The circumstances referred to in the preceding sub-paragraph are— (a) that the Secretary of State is not satisfied that provision is made by the law of the State requesting surrender under which a person accused or convicted in the United Kingdom of the like offence as that with which the fugitive criminal is accused or convicted might be surrendered to the United Kingdom if found in that State, or

(b) that under the law of the State requesting surrender the fugitive criminal is

liable to the death penalty for the offence of which he is accused, or (c) that the fugitive criminal is a citizen of the United Kingdom and Colonies.