TNAG-2886-FCO40-4158-Hong-Kong-localisation-of-laws-prevention-of-terrorism-tak-1993 — Page 28

CM 8

App. III

Extradition (Taking of Hostages }

[1985 Ed.

SCHEDULE 3

PART I

Article 4

FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND WITH WHICH NO EXTRADITION TREATIES ARE IN FORCE

State

Date of Entry into Force of Convention

Bhutan

3rd June 1983

Egypt

3rd June 1983

Honduras

3rd June 1983

Korea, Republic of

3rd June 1983

Philippines

3rd June 1983

Spain Suriname

25th April 1984

3rd June 1983

PART II

APPLICATION OF THE 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 section 1 of the Taking of Hostages Act 1982 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 10 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 I of the first paragraph thereof), and no such warrant shall 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 8.

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-

(1) that the request for his surrender (though purporting to be made on account of such an offence as is mentioned in paragraph 1 above) is in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality, ethnic origin 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 of his race, religion, nationality, ethnic origin 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 sub-paragraph, 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

C