UNITED KINGDOM STATUTORY INSTRUMENT
1997 No. 1178
HONG KONG
The Hong Kong (Extradition) Order 1997
Made 8th April 1997
Laid before Parliament 14th May 1997
Coming into force 1st July 1997
At the Court at Windsor Castle, the 8th day of April 1997
Present,
The Queen’s Most Excellent Majesty in Council
Whereas section 1(1) of the Hong Kong Act 1985provides that as from 1st July 1997 (“the relevant date”) Her Majesty shall no longer have sovereignty or jurisdiction over any part of Hong Kong:
And whereas from the relevant date Hong Kong will no longer be a colony for the purpose of section 1(2) of the Extradition Act 1989:
And whereas paragraph 3(2) of the Schedule to the Hong Kong Act 1985 provides that Her Majesty may before, on or after the relevant date, by Order in Council make such provision as appears to Her Majesty to be necessary or expedient in consequence of or in connection with the provisions of section 1(1) of that Act for repealing or amending, so far as it relates to Hong Kong, any enactment forming part of the law of, or of any part of, the United Kingdom or of a British possession other than Hong Kong:
Now, therefore, Her Majesty, in exercise of the powers conferred on Her by paragraph 3(2) of the Schedule to the Hong Kong Act 1985, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
S-1
This Order may be cited as the Hong Kong (Extradition) Order...
1. This Order may be cited as the Hong Kong (Extradition) Order 1997 and shall come into force on 1st July 1997.
2. The Extradition Act 1989 (“the 1989 Act”) shall be amended as set out in the Schedule to this Order.
S-3
This article applies in any case where, before the coming into...
3. This article applies in any case where, before the coming into force of this Order—
(a) a request has been made by or on behalf of the Governor of Hong Kong for the surrender of a person under the 1989 Act, or
(b) a provisional warrant for the arrest of any person has been issued under section 8(1)(b) of the 1989 Act and it appeared to the person who issued the warrant that the conduct alleged (as is mentioned in section 8(3) of that Act) would constitute an extradition crime against the law of Hong Kong.
4. Where article 3 of this Order applies—
(a) the case shall proceed as if the procedure which took place under Part III of the 1989 Act had taken place under that Part as amended by this Order,
(b) references in any instrument or other document relating to the proceedings, to the law of Hong Kong and offences under that law, shall be treated as if they were references to the law of the Hong Kong Special Administrative Region and offences under that law, and
(c) no proceedings which took place in the case before the date of coming into force of this Order, or any decision taken in the case before that date, shall be questioned in any court on the ground that the proceedings were not, or, as the case may be, the decision was not taken, in accordance with Part III of the 1989 Act as amended by this Order.
5. The following further transitional provisions shall apply—
(a) section 1(2A)(b) of the 1989 Act shall apply to a person alleged to be unlawfully at large following conviction for an extradition crime in Hong Kong before the coming into force of this Order;
(b) where an extradition request is made by the Hong Kong Special Administrative Region, section 7(2)(c) of the 1989 Act shall be satisfied if there is furnished with any such request a warrant for the arrest of the person issued in Hong Kong before the coming into force of this Order;
(c) a warrant issued by the Secretary of State under section 12 of the 1989 Act for the return of any person to Hong Kong shall be effective for the return of that person to the Hong Kong Special Administrative Region notwithstanding the provisions of section 13 of the 1989 Act as amended by this Order;
(d) section 19 of the 1989 Act shall continue to apply in the case of any person returned by Hong Kong before the date of coming into force of this Order.
6. The operation of this Order is limited to the United Kingdom, the Channel Islands and the Isle of Man.
N. H. Nicholls
Clerk of the Privy Council
SCHEDULE
Article 2
AMENDMENTS TO THE EXTRADITION ACT 1989
1. In section 1 (liability to extradition), after subsection (2), there shall be inserted—
“2A Subject to the provisions of this Act, a person in the United Kingdom who—
(a) is accused in the Hong Kong Special Administrative Region of an extradition crime, or
(b) is alleged to be unlawfully at large after conviction for such an offence in that Region,
may be arrested and returned to that Region in accordance with extradition procedures under Part III of this Act.”.
2.—(1) Section 2 (meaning of “extradition crime”) shall be amended as follows.
(2) In subsection (1)—
(a)
(a) in paragraph (a)—
(i) for the words “or a colony” there shall be substituted the words “, a colony or the Hong Kong Special Administrative Region”, and
(ii) after the words “or colony” there shall be inserted the words “or of the Hong Kong Special Administrative Region”, and
(b)
(b) in paragraph (b) after the word “colony” there shall be inserted the words “, or of the Hong Kong Special Administrative Region,”.
(3) In subsection (3)(a), after the word “colony” there shall be inserted the words “or the Hong Kong Special Administrative Region”.
(4) In subsection (4)—
(a)
(a) at the end of paragraph (b) the word “and” shall be omitted, and
(b)
(b) after paragraph (c) there shall be added
“; and
(d)
...
