Cap. 427 - Crimes (Torture) Ordinance

An Ordinance to create the offence of torture and to provide for related matters. [21 January 1993] L.N. 17 of 1993(Enacting provision omitted—E.R. 2 of 2014) (Format changes—E.R. 2 of 2014) Part 1 Torture 1. Short title (1) This Ordinance may be cited as the Crimes (Torture) Ordinance.(2) (Omitted as spent—E.R. 2 of 2014) 2. Interpretation (1) In this Ordinance—country (國家) includes part of a country;office (職位) includes appointment (委任);public official (公務人員) includes any person holding in Hong Kong an office described in the Schedule;the Torture Convention (酷刑公約) 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 is to be regarded as having acted in an official capacity if at the time the person acts (whether 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 any 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) is not to be construed as extending the definition of public official in subsection (1) to public officer within the meaning of section 3 of that Ordinance.(Amended L.N. 28 of 2013) 3. Torture (1) A public official or person acting in an official capacity, whatever the official’s or the person’s nationality or citizenship, commits the offence of torture if in Hong Kong or elsewhere the official or the person intentionally inflicts severe pain or suffering on another in the performance or purported performance of his or her official duties.(2) A person not falling within subsection (1), whatever the person’s nationality or citizenship, commits the offence of torture if— (Amended L.N. 28 of 2013)(a) in Hong Kong or elsewhere the person intentionally inflicts severe pain or suffering on another at the instigation or with the consent or acquiescence of— (Amended L.N. 28 of 2013)(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 or her official duties when he or she 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 is a defence for a person charged with an offence under this section in respect of any conduct of the person to prove that the person had lawful authority, justification or excuse for that conduct.(5) For the purposes of this section lawful authority, justification or excuse (合法權限、理由或解釋) 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 is liable on conviction on indictment to imprisonment for life.(Amended L.N. 28 of 2013) 4. Secretary for Justice’s consent required for prosecutions under section 3 Proceedings for an offence under section 3 must not be instituted except with the consent of the Secretary for Justice.(Amended L.N. 362 of 1997; L.N. 28 of 2013) Part II (Repealed L.N. 206 of 1997) 5. (Repealed L.N. 206 of 1997) 6. (Repealed L.N. 206 of 1997) 7. (Repealed L.N. 206 of 1997) Part 3 Miscellaneous 8. Amendment of Schedule The Chief Executive in Council may by order amend the Schedule.(Amended 13 of 1999 s. 3) 9. (Omitted as spent—E.R. 2 of 2014) Schedule [s. 2]Offices Referred to in Section 2 1. An office in the Hong Kong Police Force. (Amended L.N. 362 of 1997) 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.