Extradition Act 1965 (Application of Part Ii) (Amendment) Order, 2009

JurisdictionIreland
CitationIR SI 9/2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 20th January, 2009.

WHEREAS by the Agreement Between the Government of Ireland and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China concerning Surrender of Fugitive Offenders, the terms of which are set out in Schedule 9A of the Extradition Act (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 2(a) of, and Schedule 1 to, this Order), done at Dublin on the 5th day of October 2007 (referred to subsequently in these recitals as “the Hong Kong Agreement”), an arrangement was made with the Hong Kong Special Administrative Region of the People’s Republic of China for the surrender of persons wanted for prosecution or punishment for an offence specified in Article 2 thereof;

AND WHEREAS the terms of the Hong Kong Agreement were approved by Dáil Éireann by resolution passed by it on the 21st day of November 2007;

AND WHEREAS by a note dated the 2nd day of July 2008, the Hong Kong Special Administrative Region of the People’s Republic of China has, in accordance with the Hong Kong Agreement, notified the State that its requirements for the entry into force of the Hong Kong Treaty have been complied with;

AND WHEREAS by a note dated the 15th day of December 2008, the State has, in accordance with the Hong Kong Agreement, notified the Hong Kong Special Administrative Region of the People’s Republic of China that its requirements for the entry into force of the Hong Kong Treaty have been complied with;

AND WHEREAS, since the making of the Extradition Act 1965 (Application of Part II) (Amendment) Order 2005 ( S.I. No. 374 of 2005 ), certain additional reservations have been entered to the Protocol, done at Montreal on the 24th day of February 1988, for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on the 23rd day of September 1971 (referred to subsequently in these recitals as the “Montreal Protocol”), the Convention on the Physical Protection of Nuclear Material, opened for signature at Vienna and New York on the 3rd day of March 1980 (referred to subsequently in these recitals as the “Nuclear Material Convention”), the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, concluded at Vienna on the 20th day of December 1988 (referred to subsequently in these recitals as the “Drug Trafficking Convention”), the European Convention on the Suppression of Terrorism, done at Strasbourg on the 27th day of January 1977 (referred to subsequently in these recitals as the “Anti-Terrorism Convention”), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on the 10th day of December 1984 (referred to subsequently in these recitals as the “Convention Against Torture”), the Criminal Law Convention on Corruption, done at Strasbourg on the 27th day of January 1999 (referred to subsequently in these recitals as the “Convention on Corruption”), the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, done at Rome on the 10th day of March 1988 (referred to subsequently in these recitals as the “Maritime Safety Convention”), the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf, done at Rome on the 10th day of March 1988 (referred to subsequently in these recitals as the “Fixed Platforms Protocol”), the International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on the 17th day of December 1979 (referred to subsequently in these recitals as the “Hostages Convention”), the International Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including Diplomatic Agents, adopted at New York on the 14th day of December 1973 (referred to subsequently in these recitals as the “Convention on Crimes against Internationally Protected Persons”), the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on the 15th day of December 1997 (referred to subsequently in these recitals as the “Convention on Terrorist Bombings”) and the International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on the 9th day of December 1999 (referred to subsequently in these recitals as the “Convention on Financing Terrorism”), the texts of which are set out in Part B of Schedule 4, Part B of Schedule 5, Part B of Schedule 6, Part B of Schedule 7, Part C of Schedule 7A (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 ( S.I. No.173 of 2002 )), Part B of Schedule 7D (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2003 ( S.I. No. 479 of 2003 )), Part B of Schedule 7E (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2004 ( S.I. No. 587 of 2004 )), Part B of Schedule 7F (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2004 ( S.I. No. 587 of 2004 )), Part B of Schedule 7G (inserted by the Extradition Act (Application of Part II) (Amendment) Order 2005 ( S.I. No. 374 of 2005 )), Part B of Schedule 7H (inserted by the Extradition Act (Application of Part II) (Amendment) Order 2005 ( S.I. No. 374 of 2005 )), Part B of Schedule 7I (inserted by the Extradition Act (Application of Part II) (Amendment) Order 2005 ( S.I. No. 374 of 2005 )), and Part B of Schedule 7J (inserted by the Extradition Act (Application of Part II) (Amendment) Order 2005 ( S.I. No. 374 of 2005 )) of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (as amended by Article 2 of, and Schedule 2 to, this Order);

AND WHEREAS, since the making of the Extradition Act 1965 (Application of Part II) (Amendment) Order 2005 ( S.I. No. 374 of 2005 ), certain additional declarations have been made in relation to the European Convention on Extradition, done at Paris on the 13th day of December 1957, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on the 23rd day of September 1971, the Montreal Protocol, the Nuclear Material Convention, the Drug Trafficking Convention, the Anti-Terrorism Convention, the Convention Against Torture, the Convention on the Safety of United Nations and Associated Personnel, done at New York on the 9th day of December 1994, the Convention on Corruption, the Maritime Safety Convention, the Fixed Platforms Protocol, the Hostages Convention, the Convention on Crimes against Internationally Protected Persons, the Convention on Terrorist Bombings and the Convention on Financing Terrorism, the texts of which are set out in Part C of Schedule 1, Part B of Schedule 3, Part B of Schedule 4, Part B of Schedule 5, Part B of Schedule 6, Part B of Schedule 7, Part C of Schedule 7A, Part B of Schedule 7B (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 ( S.I. No.173 of 2002 )), Part B of Schedule 7D, Part B of Schedule 7E, Part B of Schedule 7F, Part B of Schedule 7G, Part B of Schedule 7H, Part B of Schedule 7I and Part B of Schedule 7J, of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (as amended by Article 2 of, and Schedule 2 to, this Order);

NOW I, MICHEÁL MARTIN, Minister for Foreign Affairs, in the exercise of the powers conferred on me by section 8 (amended by section 49 of the European Arrest Warrant Act 2003 (No. 45 of 2003)) of the Extradition Act 1965 (No. 17 of 1965) and after consultation with the Minister for Justice, Equality and Law Reform, hereby order as follows:

1. (1) This Order may be cited as the Extradition Act 1965 (Application of Part II) (Amendment) Order 2009.

(2) This Order comes into operation on the 14th day of January 2009.

2. The Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (as amended) is amended by—

(a) the insertion of the Schedule set out in Schedule 1 to this Order,

(b) the insertion, in Part C of Schedule 1, of the declarations set out in Part A of Schedule 2 to this Order,

(c) the insertion, in Part B of Schedule 3, of the declaration set out in Part B of Schedule 2 to this Order,

(d) the insertion, in Part B of Schedule 4, of the reservation and declaration set out in Part C of Schedule 2 to this Order,

(e) the insertion, in Part B of Schedule 5, of the reservations and declarations set out in Part D of Schedule 2 to this Order,

(f) the insertion, in Part B of Schedule 6, of the reservations and declarations set out in Part E of Schedule 2 to this Order,

(g) the insertion, in Part B of Schedule 7, of the reservations and declarations set out in Part F of Schedule 2 to this Order,

(h) the insertion, in Part C of Schedule 7A (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 ( S.I. No.173 of 2002 )), of the reservations and declarations set out in Part G of Schedule 2 to this Order,

(i) the insertion, in Part B of Schedule 7B (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002), of the declarations set out in Part H of Schedule 2 to this Order,

(j) the insertion, in Part B of Schedule 7D (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2003 ( S.I. No. 479 of 2003 )), of the reservations and declarations set out in Part I of Schedule 2 to this Order,

(k) the insertion, in Part B of Schedule 7E (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2004 ( S.I. No. 587 of 2004 )), of the reservations and...

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