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STATUTORY INSTRUMENTS
1992 No. 3200
EXTRADITION
The Extradition (Hijacking) Order 1992
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Laid before Parliament
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6th January 1993
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Coming into force
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27th January 1993
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At the Court at Buckingham Palace, the 17th day of December 1992
Present,
The Queen's Most Excellent Majesty in Council
Whereas the Convention for the Suppression of Unlawful Seizure of Aircraft ("the Convention")[1] signed at The Hague on 16th December 1970, the terms of which are set out in Part I of Schedule I to this Order, entered into force for the United Kingdom on 21st January 1972:
And whereas the States mentioned in Schedule 2 to this Order are foreign States in respect of which the Convention is for the time being in force and in relation to which Orders in Council under section 2 of the Extradition Act 1870[2] are in force:
And whereas the States mentioned in Schedule 3 to this Order are foreign States in respect of which the Convention is for the time being in force and with which extradition arrangements are in force in relation to extradition between those States and one or more of the Territories specified in Schedule 5 to this Order.
And whereas the States mentioned in Part I of Schedule 4 to this Order are foreign States in respect of which the Convention is for the time being in force but with which no general extradition arrangements have been made:
And whereas Section 22(3) of the Extradition Act 1989[3] provides that where general extradition arrangements have not been made with a State which is a party to the Convention, and no Order in Council under Section 2 of the Extradition Act 1870 is in force in relation to that State, an Order in Council applying the 1989 Act may be made under Section 4 of that Act as if the Convention constituted general extradition arrangements between the United Kingdom and the foreign State, or any foreign State, party to the Convention:
Now, therefore Her Majesty in exercise of the powers conferred upon Her by Sections 2, 17 and 21 of the Extradition Act 1870, and Sections 4(1), 22(3), 30(1) and 37(3) of the Extradition Act 1989, or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
1. This Order may be cited as the Extradition (Hijacking) Order 1992 and shall come into force on 27th January 1993.
2. Schedule 1 to the Extradition Act 1989 ("the 1989 Act") shall apply in the case of a State mentioned in Schedule 2 to this Order under and in accordance with the extradition treaties listed in the second column of that Schedule as supplemented by paragraphs 1 and 4 of Article 8 of the Convention (set out in Schedule 1 to this Order); the Orders in Council which give effect to the said extradition treaties and which are listed in the fourth column of the said Schedule 2 shall be amended accordingly. The Convention entered into force for those States on the dates specified in the third column of the said Schedule 2.
3. Schedule 1 to the 1989 Act shall apply in the case of a State mentioned in Schedule 3 to this Order under and in accordance with the extradition treaties listed in the second column of that Schedule (being treaties which continue to apply in respect of extradition between that State and one or more of the Territories specified in Schedule 5) as supplemented by paragraphs 1 and 4 of Article 8 of the Convention (set out in Schedule 1 to this Order); the Orders in Council which give effect to the said extradition treaties and which are listed in the fourth column of the said Schedule 3 shall be amended accordingly. The Convention entered into force for those States on the dates specified in the third column of the said Schedule 3.
4. The 1989 Act, so far as it relates to extradition procedures under Part III of that Act, shall apply in the case of a State mentioned in Part I of Schedule 4 to this Order (being States in respect of which the Convention entered into force on the dates specified in the second column of Part I of that Schedule) subject to the limitations, restrictions, exceptions and qualifications contained in part II of that Schedule.
5. The following Orders are hereby revoked:—The Extradition (Hijacking) Order 1971[4]
The Extradition (Hijacking) (Amendment) Order 1982[5]
The Extradition (Hijacking) (Amendment) Order 1985[6]
The Extradition (Hijacking) (Amendment) Order 1986[7]
The Extradition (Hijacking) (Amendment) Order 1987[8]
The Extradition (Hijacking) (Amendment) Order 1988[9]
6. Article 3 of the Aviation Security (Anguilla) Order 1987[10] is hereby revoked.
7. The operation of this Order is limited to the United Kingdom, the Channel Islands, the Isle of Man and the Territories specified in Schedule 5 to this Order.
N. H. Nicholls
Clerk of the Privy Council
Notes:
[1] Cmnd. 4956. back
[2] 1870 c. 52; the act was repealed by the Extradition Act 1989, with the savings mentioned in section 37 of that Act. back
[3] 1989 c. 33. back
[4] S.I. 1971/2102. back
[5] S.I. 1982/146. back
[6] S.I. 1985/1989. back
[7] S.I. 1986/2012. back
[8] S.I. 1987/2041. back
[9] ) S.I. 1988/2243. back
[10] S.I. 1987/451. back
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