Bermuda Consolidated Legislation

 

UNITED KINGDOM STATUTORY INSTRUMENT

SI 1970 No. 148

FUGITIVE OFFENDERS (GENOCIDE) ORDER, 1970.

[made by Her Majesty-in-Council under the Fugitive Offenders Act, 1967 as extended by the Genocide Act, 1969.]

 

1 This Order may be cited as the Fugitive Offenders (Genocide) Or der, 1970 and shall come into operation on 30th April, 1970.

2 The Interpretation Act, 1889 shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, Acts of Parliament.

3 (1) There shall be deemed to be included among the descrip tions of offences set out in Schedule l to the Fugitive Offenders Act, 1967, as extended to the countries mentioned in the Schedule to this Order any offence of genocide and (so far as not so included by virtue of the foregoing) any attempt or conspiracy to commit such an offence and any direct and public incitement to commit such an offence.

(2) For the purposes of the Fugitive Offenders Act, 1967 as ex tended to any country mentioned in the Schedule to this Order, no of fence which, if committed in that country, would be punishable as an offence of genocide or as an attempt, conspiracy or incitement to commit such an offence shall be regarded as an offence of a political character.

(3) It shall not be an objection to any proceedings taken against a person by virtue of the preceding paragraphs of this Article that under the law in force at the time when and in the place where he is alleged to have committed the act of which he is accused or of which he was con victed he could not have been punished therefor.

SCHEDULE

Countries referred to in Article 3 of the Order

Bahama Islands

Bermuda

British Virgin Islands

Falkland Islands and Depen dencies

Fiji

Gibraltar

Hong Kong

Pitcairn

Seychelles

Turks and Caicos Islands

EXPLANATORY NOTE

(This Note is not part of the Order)

The Genocide Act, 1969 (which gave effect to the Genocide Convention) amends the Fugitive Offenders Act, 1967 by adding genocide to the of fences for which a person may be returned to a Commonwealth country and by providing that it shall not be treated as an offence of a political character. This Order provides that those amendments shall apply to the 1967 Act as extended to the countries mentioned in the Schedule, being countries to which the Genocide Convention extends.