Page:Crimes (Torture) Ordinance (Cap. 427).pdf/4

(2) (a) Schedule 1 to the 1967 Act is amended by the addition of—

“29. Torture.”.

(b) Subject to the limitation in paragraph (c) and to sections 32, 33 and 34 of the 1989 Act and to the exercise of a power conferred by section 34(3) of that Act, the 1967 Act shall also have effect in relation to the return of persons to, or in relation to persons returned from, any country or territory to which this section applies.

(c) Paragraph (b) shall operate to extend the application of the 1967 Act 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—

(a) any country within the Commonwealth which is a party to the Torture Convention but in relation to which there is not for the time being in force a direction of the Governor under section 2(3) of the 1967 Act (as extended to Hong Kong);

(b) any territory for the external relations of which a country described in paragraph (a) is responsible; and

(c) any territory which—

(i) is a territory for the external relations of which a designated Commonwealth country which is such a party is responsible; and

(ii) is not a territory in relation to which a direction described in paragraph (a) is for the time being in force.

(4) In this section “designated Commonwealth country” (指定英聯邦國家) has the meaning assigned to it by section 2 of the 1967 Act (as extended to Hong Kong).

7. Evidential value of certain certificates

In any proceedings for an offence under section 3, a statement in a certificate purporting to be signed by the Chief Secretary that, at a time or during a period specified in the certificate—

(a) a state specified in the certificate was a foreign state to which section 5 applies; or

(b) a country or territory so specified was a country or territory, as the case may be, to which section 6 applies,

shall be evidence until the contrary is shown of the facts so certified.