Bermuda Consolidated Legislation

 

UNITED KINGDOM STATUTORY INSTRUMENT

SI 1970 No. 146

THE GENOCIDE ACT, 1969 (OVERSEAS
TERRITORIES) OR DER, 1970.

[made by Her Majesty-in-Council under the Genocide Act, 1969 [1969 c. 12] and brought into operation on 30 April 1970, and published in Bermuda as SR&O 14/1970]

1 This Order may be cited as the Genocide Act, 1969 (Overseas Territories) Order, 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 rela tion to, Acts of Parliament.

3 Section 1 of the Genocide Act, 1969, adapted and modified as in Schedule 1 to this Order, and section 4 of and the Schedule to, that Act shall extend to the territories specified in Schedule 2 to this Order.

SCHEDULE 1

SECTION 1 OF THE GENOCIDE ACT 1969 AS EXTENDED TO THE TERRITORIES SPECIFIED IN SCHEDULE 2

1 (1) A person commits an offence of genocide if he commits any act falling within the definition of "genocide" in Article II of the Genocide Convention as set out in the Schedule to this Act.

(2) A person guilty of an offence of genocide shall on conviction in Seychelles or the Turks and Caicos Islands and on conviction on in dictment in Bermuda, the British Virgin Islands or the Falkland Islands and Dependencies—

(a) if the offence consists of the killing of any person, be sentenced to imprisonment for life;

(b) in any other case, be liable to imprisonment for a term not exceeding fourteen years.

(3) Proceedings for an offence of genocide shall not be insti tuted in a territory specified in Schedule 2 to the Genocide Act, 1969 (Overseas Territories) Order 1970 except by or with the consent of—

(a) in Bermuda, the British Virgin Islands or Seychelles, the person for the time being performing the functions of Attorney-General of the territory concerned;

(b) in the Falkland Islands and Dependencies, the officer for the time being administering the Government;

(c) in the Turks and Caicos Islands, the person for the time being performing the functions of Administrator.

SCHEDULE 2

TERRITORIES TO WHICH PROVISIONS OF THE GENOCIDE ACT 1969 ARE EXTENDED

Bermuda

British Virgin Is lands

Falkland Islands and De pendencies

Seychelles

Turks and Caicos Islands.

EXPLANATORY NOTE

(This Note is not part of the Order.)

This Order extends, with adaptations and modifications, certain provi sions of the Genocide Act, 1969 to the overseas territories specified in Schedule 2. The Genocide Act, 1969 gave effect to the Genocide Conven tion.