Cap. 503 sub. leg. H

Fugitive Offenders (Internationally Protected Persons and Hostages) Order(Cap. 503, section 3)(Enacting provision omitted—E.R. 1 of 2021) [13 June 1997] L.N. 328 of 1997(Format changes—E.R. 1 of 2021) 1. (Omitted as spent—E.R. 1 of 2021) 2. Procedures in Ordinance to apply between Hong Kong and certain places outside Hong Kong In relation to—(a) the arrangements for the surrender of fugitive offenders which are recited in Schedule 1 and applicable to Hong Kong and places outside Hong Kong;(b) the arrangements for the surrender of fugitive offenders which are recited in Schedule 2 and applicable to Hong Kong and places outside Hong Kong,it is hereby directed that the procedures in the Ordinance shall apply as between Hong Kong and—(i) in the case of the arrangements recited in Schedule 1, the places outside Hong Kong to which those arrangements relate subject to the limitations, restrictions, exceptions and qualifications contained in those arrangements as so recited;(ii) in the case of the arrangements recited in Schedule 2, the places outside Hong Kong to which those arrangements relate subject to the limitations, restrictions, exceptions and qualifications contained in those arrangements as so recited. 3. (Omitted as spent—E.R. 1 of 2021) Schedule 1 [s. 2]Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents 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 the promotion of friendly relations and co-operation among States,Considering that crimes against diplomatic agents and other internationally protected persons jeopardizing the safety of these persons create a serious threat to the maintenance of normal international relations which are necessary for co-operation among States. Believing that the commission of such crimes is a matter of grave concern to the international community. Convinced that there is an urgent need to adopt appropriate and effective measures for the prevention and punishment of such crimes. Have agreed as follows:Article 1 For the purposes of this Convention:1. “internationally protected person” means:(a) a Head of State, including any member of a collegial body performing the functions of a Head of State under the constitution of the State concerned, a Head of Government or a Minister for Foreign Affairs, whenever any such person is in a foreign State, as well as members of his family who accompany him;(b) any representative or official of a State or any official or other agent of an international organization of an intergovernmental character who, at the time when and in the place where a crime against him, his official premises, his private accommodation or his means of transport is committed, is entitled pursuant to international law to special protection from any attack on his person, freedom or dignity, as well as members of his family forming part of his household; 2. “alleged offender” means a person as to whom there is sufficient evidence to determine prima facie that he has committed or participated in one or more of the crimes set forth in article 2. Article 2 1. The intentional commission of:(a) a murder, kidnapping or other attack upon the person or liberty of an internationally protected person;(b) a violent attack upon the official premises, the private accommodation or the means of transport of an internationally protected person likely to endanger his person or liberty;(c) a threat to commit any such attack;(d) an attempt to commit any such attack; and(e) an act constituting participation as an accomplice in any such attack shall be made by each State Party a crime under its internal law.2. Each State Party shall make these crimes punishable by appropriate penalties which take into account their grave nature.3. Paragraphs 1 and 2 of this article in no way derogate from the obligations of States Parties under international law to take all appropriate measures to prevent other attacks on the person, freedom or dignity of an internationally protected person.Article 3 1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the crimes set forth in article 2 in the following cases:(a) when the crime is committed in the territory of that State or on board a ship or aircraft registered in that State;(b) when the alleged offender is a national of that State;(c) when the crime is committed against an internationally protected person as defined in article 1 who enjoys his status as such by virtue of functions which he exercises on behalf of that State.2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over these crimes in cases where the alleged offender is present in its territory and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph 1 of this article.3. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.Article 4 States Parties shall co-operate in the prevention of the crimes set forth in article 2, particularly by:(a) taking all practicable measures to prevent preparations in their respective territories for the commission of those crimes within or outside their territories;(b) exchanging information and co-ordinating the taking of administrative and other measures as appropriate to prevent the commission of those crimes.Article 5 1. The State Party in which any of the crimes set forth in article 2 has been committed shall, if it has reason to believe that an alleged offender has fled from its territory, communicate to all other States concerned, directly or through the Secretary-General of the United Nations, all the pertinent facts regarding the crime committed and all available information regarding the identity of the alleged offender.2. Whenever any of the crimes set forth in article 2 has been committed against an internationally protected person, any State Party which has information concerning the victim and the circumstances of the crime shall endeavour to transmit it, under the conditions provided for in its internal law, fully and promptly to the State Party on whose behalf he was exercising his functions.Article 6 1. Upon being satisfied that the circumstances so warrant, the State Party in whose territory the alleged offender is present shall take the appropriate measures under its internal law so as to ensure his presence for the purpose of prosecution or extradition. Such measures shall be notified without delay directly or through the Secretary-General of the United Nations to:(a) the State where the crime was committed;(b) the State or States of which the alleged offender is a national or, if he is a stateless person, in whose territory he permanently resides;(c) the State or States of which the internationally protected person concerned is a national or on whose behalf he was exercising his functions;(d) all other States concerned; and(e) the international organization of which the internationally protected person concerned is an official or an agent.2. Any person regarding whom the measures referred to in paragraph 1 of this article are being taken shall be entitled:(a) to communicate without delay with the nearest appropriate representative of the State of which he is a national or which is otherwise entitled to protect his rights or, if he is a stateless person, which he requests and which is willing to protect his rights; and(b) to be visited by a representative of that State.Article 7 The State Party in whose territory the alleged offender is present shall, if it does not extradite him, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Article 8 1. To the extent that the crimes set forth in article 2 are not listed as extraditable offences in any extradition treaty existing between States Parties, they shall be deemed to be included as such therein, States Parties undertake to include those crimes as extraditable offences in every future extradition treaty to be concluded between them.2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may, if it decides to extradite, consider this Convention as the legal basis for extradition in respect of those crimes. Extradition shall be subject to the procedural provisions and the other conditions of the law of the requested State.3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize those crimes as extraditable offences between themselves subject to the procedural provisions and the other conditions of the law of the requested State.4. Each of the crimes shall be treated, for the purpose of extradition between States Parties, as if it had been committed not only in the place in which it occurred but also in the territories of the States required to establish their jurisdiction in accordance with paragraph 1 of article 3.Article 9 Any person regarding whom proceedings are being carried out in connexion with any of the crimes set forth in article 2 shall be guaranteed fair treatment at all stages of the proceedings.Article 10 1. States Parties shall afford one another the greatest measure of assistance in connexion with criminal proceedings brought in respect of the crimes set forth in article 2, including the supply of all evidence at their disposal necessary for the proceedings.2. The provisions of paragraph 1 of this article shall not affect obligations concerning mutual judicial assistance embodied in any other treaty.Article 11 The State Party where an alleged offender is prosecuted shall communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to the other States Parties. Article 12 The provisions of this Convention shall not affect the application of the Treaties on Asylum, in force at the date of the adoption of this Convention, as between the States which are parties to those Treaties; but a State Party to this Convention may not invoke those Treaties with respect to another State Party to this Convention which is not a party to those Treaties.Article 13 1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.2. Each State Party may at the time of signature or ratification of this Convention or accession thereto declare that it does not consider itself bound by paragraph 1 of this article. The other States Parties shall not be bound by paragraph 1 of this article with respect to any State Party which has made such a reservation.3. Any State Party which has made a reservation in accordance with paragraph 2 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.Article 14 This Convention shall be open for signature by all States, until 31 December 1974 at United Nations Headquarters in New York. Article 15 This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.Article 16 This Convention shall remain open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations. Article 17 1. This Convention shall enter into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations.2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.Article 18 1. Any State Party may denounce this Convention by written notification to the Secretary-General of the United Nations.2. Denunciation shall take effect six months following the date on which notification is received by the Secretary-General of the United Nations.Article 19 The Secretary-General of the United Nations shall inform all States, inter alia:(a) of signatures to this Convention, of the deposit of instruments of ratification or accession in accordance with articles 14, 15 and 16 and of notifications made under article 18;(b) of the date on which this Convention will enter into force in accordance with article 17.Article 20 The original of this Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at New York on 14 December 1973. Schedule 2 [s. 2]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(1) 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(2) and the International Covenant on Civil and Political Rights(3),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 Co-operation 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 co-operation 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-takinglikewise 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 appropriate to prevent the commission of those offences.Article 5 1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over any of the offences set forth in article 1 which are committed:(a) in its territory or on board a ship or aircraft registered in that State;(b) by any of its nationals or, if that State considers it appropriate, by those stateless persons who have their habitual residence in its territory;(c) in order to compel that State to do or abstain from doing any act; or(d) with respect to a hostage who is a national of that State, if that State considers it appropriate.2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 1 in cases where the alleged offender is present in its territory and it does not extradite him to any of the States mentioned in paragraph 1 of this article. 3. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.Article 6 1. Upon being satisfied that the circumstances so warrant, any State Party in the territory of which alleged offender is present shall, in accordance with its laws, take him into custody or take other measures to ensure his presence for such time as is necessary to enable any criminal or extradition proceedings to be instituted. That State Party shall immediately make a preliminary inquiry into the facts.2. The custody or other measures referred to in paragraph 1 of this article shall be notified without delay directly or through the Secretary-General of the United Nations to:(a) the State where the offence was committed;(b) the State against which compulsion has been directed or attempted;(c) the State of which the natural or juridical person against whom compulsion has been directed or attempted is a national;(d) the State of which the hostage is a national or in the territory of which he has his habitual residence;(e) the State of which the alleged offender is a national or, if he is a stateless person, in the territory of which he has his habitual residence;(f) the international intergovernmental organization against which compulsion has been directed or attempted;(g) all other States concerned.3. Any person regarding whom the measures referred to in paragraph 1 of this article are being taken shall be entitled: (a) to communicate without delay with the nearest appropriate representative of the State of which he is a national or which is otherwise entitled to establish such communication or, if he is a stateless person, the State in the territory of which he has his habitual residence;(b) to be visited by a representative of that State.4. The rights referred to in paragraph 3 of this article shall be exercised in conformity with the laws and regulations of the State in the territory of which the alleged offender is present subject to the proviso, however, that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 of this article are intended.5. The provisions of paragraphs 3 and 4 of this article shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordance with paragraph 1(b) of article 5 to invite the International Committee of the Red Cross to communicate with and visit the alleged offender.6. The State which makes the preliminary inquiry contemplated in paragraph 1 of this article shall promptly report its findings to the States or organization referred to in paragraph 2 of this article and indicate whether it intends to exercise jurisdiction.Article 7 The State Party where the alleged offender is prosecuted shall in accordance with its laws communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to the other States concerned and the international intergovernmental organizations concerned.Article 8 1. The State Party in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a grave nature under the law of that State.2. Any person regarding whom proceedings are being carried out in connexion with any of the offences set forth in article 1 shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided by the law of the State in the territory of which he is present.Article 9 1. A request for the extradition of an alleged offender, pursuant to this Convention, shall not be granted if the requested State Party has substantial grounds for believing:(a) that the request for extradition for an offence set forth in article 1 has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality, ethnic origin or political opinion; or(b) that the person’s position may be prejudiced:(i) for any of the reasons mentioned in subparagraph (a) of this paragraph, or(ii) for the reason that communication with him by the appropriate authorities of the State entitled to exercise rights of protection cannot be effected.2. With respect to the offences as defined in this Convention, the provisions of all extradition treaties and arrangements applicable between States Parties are modified as between States Parties to the extent that they are incompatible with this Convention.Article 10 1. The offences set forth in article 1 shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, the requested State may at its option consider this Convention as the legal basis for extradition in respect of the offences set forth in article 1. Extradition shall be subject to the other conditions provided by the law of the requested State.3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offences set forth in article 1 as extraditable offences between themselves subject to the conditions provided by the law of the requested State.4. The offences set forth in article 1 shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with paragraph 1 of article 5.Article 11 1. States Parties shall afford one another the greatest measure of assistance in connexion with criminal proceedings brought in respect of the offences set forth in article 1, including the supply of all evidence at their disposal necessary for the proceedings.2. The provisions of paragraph 1 of this article shall not affect obligations concerning mutual judicial assistance embodied in any other treaty.Article 12 In so far as the Geneva Conventions of 1949(4) for the protection of war victims or the Additional Protocols to those Conventions(5) are applicable to a particular act of hostage-taking, and in so far as States Parties to this Convention are bound under those conventions to prosecute or hand over the hostage-taker, the present Convention shall not apply to an act of hostage-taking committed in the course of armed conflicts as defined in the Geneva Conventions of 1949 and the Protocols thereto, including armed conflicts mentioned in article 1, paragraph 4, of Additional Protocol I of 1977(3), in which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self-determination, as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations.Article 13 This Convention shall not apply where the offence is committed within a single State, the hostage and the alleged offender are nationals of that State and the alleged offender is found in the territory of that State.Article 14 Nothing in this Convention shall be construed as justifying the violation of the territorial integrity or political independence of a State in contravention of the Charter of the United Nations.Article 15 The provisions of this Convention shall not affect the application of the Treaties on Asylum, in force at the date of the adoption of this Convention, as between the States which are parties to those Treaties; but a State Party to this Convention may not invoke those Treaties with respect to another State Party to this Convention which is not a party to those treaties.Article 16 1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.2. Each State may at the time of signature or ratification of this Convention or accession thereto declare that it does not consider itself bound by paragraph 1 of this article. The other States Parties shall not be bound by paragraph 1 of this article with respect to any State Party which has made such a reservation.3. Any State Party which has made a reservation in accordance with paragraph 2 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.Article 17 1. This Convention is open for signature by all States until 31 December 1980 at United Nations Headquarters in New York.2. This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.3. This Convention is open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.Article 18 1. This Convention shall enter into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations(6).2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.Article 19 1. Any State Party may denounce this Convention by written notification to the Secretary-General of the United Nations.2. Denunciation shall take effect one year following the date on which notification is received by the Secretary-General of the United Nations.Article 20 The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic(7), shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at New York on 18 December 1979. (1) Treaty Series No. 67 (1946), Cmd. 7015. (2) United Nations No. 2 (1949), Cmd. 7662. (3) Treaty Series No. 6 (1977), Cmnd. 6702, p. 22. (4) Treaty Series No. 39 (1958), Cmnd. 550. (5) Miscellaneous No. 19 (1977), Cmnd. 6927. (6) The Convention entered into force on 3 June 1983. (7) When the Convention has been registered with the United Nations, texts in the Arabic, Chinese, French, Russian and Spanish languages will be published in the United Nations Treaty Series, available through Agency Section, Her Majesty’s Stationery Office, PO Box 569, London SE1 9NY—Tel. 01-928 6977, Ext. 410.