The Extradition (Overseas Territories) (Hong Kong) Order 2002

Statutory Instruments

2002 No. 1824

HONG KONG

EXTRADITION

The Extradition (Overseas Territories) (Hong Kong) Order 2002

Made

16th July 2002

Laid before Parliament

26th July 2002

Coming into force

16th August 2002

At the Court at Buckingham Palace, the 16th day of July 2002

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by paragraph 3(2) of the Schedule to the Hong Kong Act 1985(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1.—(1) This Order may be cited as the Extradition (Overseas Territories) (Hong Kong) Order 2002.

(2) This Order shall come into force on 16th August 2002.

2.  There shall be inserted after subsection (2) of section 32 of the Extradition Act 1989(2) the following subsection:

“(2A) An Order in Council under this section may 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 the Hong Kong Act 1985 for the purposes of the surrender of persons from a British overseas territory to the Hong Kong Special Administrative Region of the People’s Republic of China and the treatment of persons surrendered to a British overseas territory from that Region.”

A.K. Galloway

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order amends section 32 of the Extradition Act 1989 (which provides for the application of provisions of that Act relating to return to Commonwealth countries to any British overseas territory) to enable provision to be made for extradition to continue as between specified British overseas territories and the Hong Kong Special Administrative Region of the People’s Republic of China following the resumption of sovereignty over Hong Kong by the People’s Republic of China as from 1st July 1997.

(1)

1985 c. 15.

(2)

1989 c. 33.