Extradition (Taking of Hostages) Order 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/751 |
| Year | 1985 |
1985 No. 751
FUGITIVE CRIMINAL
The Extradition (Taking of Hostages) Order 198515thMay 1985
23rdMay 1985
31stMay 1985
At the Court at Buckingham Palace, the 15th day of May 1985
Present,
The Queen's Most Excellent Majesty in Council
Whereas the International Convention against the Taking of Hostages (hereinafter referred to as the "the Convention") opened for signature at New York on 18th December 1979, the terms of which are set out in Schedule 1 to this Order, entered into force for the United Kingdom on 3rd June 1983:
And whereas the States mentioned in Schedule 2 to this Order are foreign States in respect of which the Convention is for the time being in force and with which extradition arrangements are in force:
And whereas the States mentioned in Part I of Schedule 3 to this Order are foreign States in respect of which the Convention is for the time being in force but with which no extradition arrangements are in force:
And whereas section 3(3) of the Taking of Hostages Act 1982(a) provides that where no such arrangement as is mentioned in section 2 of the Extradition Act 1870(b) has been made with a State which is a party to the Convention, an Order in Council applying that Act may be made under that section as if the Convention were such an arrangement with that State:
Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 2 and 17 of the Extradition Act 1870 and sections 3(3) and 5(1) of the Taking of Hostages Act 1982, or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
1. This Order may be cited as the Extradition (Taking of Hostages) Order 1985 and shall come into operation on 31st May 1985.
(a) 1982 c.28.
(b) 1870 c.52.
2. In this Order any references to the Extradition Acts and to the Act of 1870 are, respectively, references to the Extradition Acts 1870 to 1895(a), and to the Extradition Act 1870.
3. The Extradition Acts shall apply in the case of a State mentioned in Schedule 2 to this Order under and in accordance with the extradition treaties described in the second column of that Schedule as supplemented by Article 9 and paragraphs 1 and 4 of Article 10 of the Convention (set out in Schedule 1 to this Order) which entered into force for those States on the dates specified in the third column of the said Schedule 2.
4. The Extradition Acts shall apply in the case of the States mentioned in Part I of Schedule 3 to this Order (being States in respect of which the Convention entered into force on the dates specified in the second column of that Schedule) subject to the conditions contained in, and in accordance with, Part II of that Schedule.
5. The operation of this Order is limited to the United Kingdom, the Channel Islands, the Isle of Man and the territories specified in Schedule 4 to this Order.
G.I. de Deney, Clerk of the Privy Council.
(a) 1870 c.52, 1873 c.60, 1895 c.33.
SCHEDULE 1
THE CONVENTION
INTERNATIONAL CONVENTION AGAINST THE TAKING OF HOSTAGES
The States Parties to this Convention,
Having in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of friendly relations and co-operation among States,
Recognizing in particular that everyone has the right to life, liberty and security of person, as set out in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights,
Reaffirming the principle of equal rights and self-determination of peoples as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, as well as in other relevant resolutions of the General Assembly,
Considering that the taking of hostages is an offence of grave concern to the international community and that, in accordance with the provisions of this Convention, any person committing an act of hostage taking shall either be prosecuted or extradited,
Being convinced that it is urgently necessary to develop international cooperation between States in devising and adopting effective measures for the prevention, prosecution and punishment of all acts of taking hostages as manifestations of international terrorism,
Have agreed as follows:
ARTICLE 1
1. Any person who seizes or detains and threatens to kill, to injure or to continue to detain another person (hereinafter referred to as the "hostage") in order to compel a third party, namely, a State, an international intergovernmental organization, a natural or juridical person, or a group of persons, to do or abstain from doing any act as an explicit or implicit condition for the release of the hostage commits the offence of taking of hostages ("hostage-taking") within the meaning of this Convention.
2. Any person who:
(a) attempts to commit an act of hostage-taking, or
(b) participates as an accomplice of anyone who commits or attempts to commit an act of hostage-taking
likewise commits an offence for the purposes of this Convention.
ARTICLE 2
Each State Party shall make the offences set forth in article 1 punishable by appropriate penalties which take into account the grave nature of those offences.
ARTICLE 3
1. The State Party in the territory of which the hostage is held by the offender shall take all measures it considers appropriate to ease the situation of the hostage, in particular, to secure his release and, after his release, to facilitate, when relevant, his departure.
2. If any object which the offender has obtained as a result of the taking of hostages comes into the custody of a State Party, that State Party shall return it as soon as possible to the hostage or the third party referred to in article 1, as the case may be, or to the appropriate authorities thereof.
ARTICLE 4
States Parties shall co-operate in the prevention of the offences set forth in article 1, particularly by:
(a) taking all practicable measures to prevent preparations in their respective territories for the commission of those offences within or outside their territories, including measures to prohibit in their territories illegal activities of persons, groups and organizations that encourage, instigate, organize or engage in the perpetration of acts of taking hostages;
(b) exchanging information and co-ordinating the taking of administrative and other measures as...
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