TNAG-2886-FCO40-4158-Hong-Kong-localisation-of-laws-prevention-of-terrorism-tak-1993 — Page 29

1985 Ed.)

Extradition (Taking of Hostages)

[App. III

CM 9

C

C

(h) 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 British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject. or a British protected person.

PART III

FORM OF CONSENT OF SECRETARY OF STATE TO APPLICATION FOR A PROVISIONAL WARRANT OF ARREST

Whereas AB. a person recognized by the Secretary of State as a diplomatic representative of

has requested consent to application being made for the issue of a provisional warrant for the arrest of CD. late of

who is accused] [convicted] of the commission of an offence, or attempt to commit an offence, within the jurisdiction of the said State. being an offence which if committed in England, would be an offence under the Taking of Hostages Act 1982:

Now I hereby, by this my Order under my hand and seal, signify to you my consent to the said application being made.

Given under the hand and seal of the undersigned. one of Her Majesty's Principal Secretaries of State this

day of

19

SCHEDULE 4

Article 5

TERRITORIES TO WHICH THIS ORDER EXTENDS

C

C

Bermuda

British Indian Ocean Territory

Cayman Islands

Falkland Islands

Falkland Islands Dependencies

Gibraltar

Hong Kong

Montserrat

Pitcairn. Henderson, Ducie and Oeno Islands

St Helena

St Helena Dependencies

Sovereign Base Areas of Akrotiri and Dhekelia

Turks and Caicos Islands

Virgin Islands