(6) A person who commits the offence of torture shall be liable on conviction on indictment to imprisonment for life.
4. Attorney General’s consent required for prosecutions under section 3
Proceedings for an offence under section 3 shall not be instituted except with the consent of the Attorney General.
PART II
Extradition
5. Application of Extradition Act 1989 extended
(1) To the extent that it applies to Hong Kong, Schedule 1 to the 1989 Act (in this section subsequently referred to as “the Schedule”) shall be construed and have effect in accordance with the provisions of subsection (2).
(2) (a) Subject to the limitation in paragraph (b) and to sections 30, 31 and 34 of the 1989 Act and to the exercise of a power conferred by section 37(3) of that Act, the Schedule also applies as regards both the Republic of Ireland and any foreign state which is a foreign state to which this section applies.
- (b) Paragraph (a) shall extend the application of the Schedule only in respect of the following offences—
- (i) torture;
- (ii) attempted torture;
- (iii) counselling, procuring, commanding, aiding or abetting torture; and
- (iv) being accessory to torture.
(3) This section applies to any foreign state which is a party to the Torture Convention.
6. Amendment of Fugitive Offenders Act 1967
(1) To the extent that, by virtue of section 34(3) of the 1989 Act, it applies to Hong Kong, the Fugitive Offenders Act 1967 (1967 c. 68 U.K.) (in this section subsequently referred to as “the 1967 Act”), as adapted and modified by the Fugitive Offenders (Hong Kong) Order 1967 (App. III, p. CK1), shall be construed and have effect in accordance with the provisions of subsection (2).
