Hong Kong: Crimes (Torture) Ordinance of 1993
| Publisher | National Legislative Bodies / National Authorities |
| Publication Date | 21 January 1993 |
| Cite as | Hong Kong: Crimes (Torture) Ordinance of 1993 [Hong Kong (Special Administrative Region of China)], 21 January 1993, available at: http://www.refworld.org/docid/3ae6b52b8.html [accessed 23 June 2017] |
| Comments | This is the official consolidation. The latest amendment included here is L. N. 206 of 1997. Pleaes note that the Chinese terms appeared in the text are not reproduced here. |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Long title
To create the offence of torture and to provide for related matters.
(Enacted 1993) [21 January 1993] (L.N. 17 of 1993)(Originally 11 of 1993)
PART I
TORTURE
Section: 1
Short title
(1)This Ordinance may be cited as the Crimes (Torture) Ordinance.
(2)(Omitted as spent)
(Enacted 1993)Section: 2
Interpretation
(1)In this Ordnance-
"country" includes part of a country;
"office" includes "appointment"
"public official" includes any person holding in Hong Kong an office described in the Schedule;
"the Torture Convention" means the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the General Assembly of the United Nations on 10 December 1984.
(Amended L.N. 206 of 1997)(2)For the purposes of this Ordinance a person shall be regarded as having acted in an official capacity if at the time he acts (be he acting in Hong Kong or elsewhere) that capacity is related either to the Government of, or any public authority in, Hong Kong or to the government of, or nay other authority in, a country or territory outside Hong Kong being an authority which is similar or analogous to a public authority in Hong Kong.
(3)For the avoidance of doubt it is hereby declared that section 5 of the Interpretation and General Clauses Ordinance (Cap 1) shall not be construed as extending the definition of "public official" in subsection (1) to "public officer" within the meaning of section 3 of that Ordinance.
(Enacted 1993)Section: 3
Torture
(1)A public official or person acting in an official capacity, whatever his nationality or citizenship, commits the offence of torture if in Hong Kong or elsewhere he intentionally inflicts severe pain or suffering on another in the performance or purported performance of his official duties.
(2)A person not falling within subsection (1), whatever his nationality or citizenship, commits the offence of torture if-
(a)in Hong Kong or elsewhere he intentionally inflicts severe pain or suffering on another at the instigation or with the consent or acquiescence of-
(i)a public official; or
(ii)any other person acting in an official capacity; and
(b)the official or other person is performing or purporting to perform his official duties when he instigates the commission of the offence or consents to or acquiesces in it.
(3)For the purposes of this Ordinance, it is immaterial whether pain or suffering is physical or mental and whether it is caused by an act or an omission.
(4)It shall be a defence for a person charged with an offence under this section in respect of any conduct of his to prove that he had lawful authority, justification or excuse for that conduct.
(5)For the purposes of this section "lawful authority, justification or excuse" means-
(a)in relation to pain or suffering inflicted in Hong Kong, lawful authority, justification or excuse under the law of Hong Kong;
(b)in relation to pain or suffering inflicted outside Hong Kong-
(i)if it was inflicted by a public official acting under the law of Hong Kong or by a person acting in an official capacity under that law, lawful authority, justification or excuse under that law;
(ii)in any other case an authority, justification or excuse which is lawful under the law of the place where it is inflicted.
(6)A person who commits the offence of torture shall be liable on conviction on indictment to imprisonment for life.
(Enacted 1993)Section: 4
Attorney General's consent required for prosecutions under section 3
Proceedings for an offence under section 3 shall not be instituted except with the consent of the Attorney General.
(Enacted 1993)PART II
(Repealed L.N. 206 of 1997)
Section: 5
(Repealed)
Section: 6
(Repealed)
(Repealed L.N. 206 of 1997)
Section: 7
(Repealed)
(Repealed L.N. 206 of 1997)
PART III
MISCELLANEOUS
Section: 8
Amendment of Schedule
The Governor in Council may by order amend the Schedule.
(Enacted 1993)Section: 9
(Omitted as spent)
(Omitted as spent)
(Enacted 1993)Schedule: 1
OFFICES REFERRED TO IN SECTION 2
[section 2]
1.An office in the Royal Hong Kong Police Force.
2.An office in the Customs and Excise Department.
3.An office in the Correctional Services Department.
4.An office in the Independent Commission Against Corruption.
5.An office in the Immigration Department.
(Enacted 1993)