Crimes (Torture) Ordinance


Published: 2014-04-10

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Cap 427 - Crimes (Torture) Ordinance 1

Chapter: 427 Crimes (Torture) Ordinance Gazette Number Version Date

Long title E.R. 2 of 2014 10/04/2014


An Ordinance to create the offence of torture and to provide for related matters.
(Enacted 1993)


[21 January 1993] L.N. 17 of 1993


(Enacting provision omitted—E.R. 2 of 2014)


(Originally 11 of 1993)

(*Format changes—E.R. 2 of 2014)
__________________________________________________________________________
Note:
* The format of the Ordinance has been updated to the current legislative styles.

Part: 1 Torture E.R. 2 of 2014 10/04/2014


(Enacted 1993)

Section: 1 Short title E.R. 2 of 2014 10/04/2014


(1) This Ordinance may be cited as the Crimes (Torture) Ordinance.
(2) (Omitted as spent—E.R. 2 of 2014)

(Enacted 1993)

Section: 2 Interpretation E.R. 2 of 2014 10/04/2014


(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)
(Enacted 1993)


Section: 3 Torture E.R. 2 of 2014 10/04/2014


(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.



Cap 427 - Crimes (Torture) Ordinance 2

(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)

(Enacted 1993)

Section: 4 Secretary for Justice's consent required for prosecutions

under section 3
E.R. 2 of 2014 10/04/2014



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)

(Enacted 1993)

Part: II (Repealed L.N. 206 of 1997) 30/06/1997




Section: 5 (Repealed L.N. 206 of 1997) 30/06/1997




Section: 6 (Repealed L.N. 206 of 1997) 30/06/1997




Section: 7 (Repealed L.N. 206 of 1997) 30/06/1997




Part: 3 Miscellaneous E.R. 2 of 2014 10/04/2014


(Enacted 1993)

Section: 8 Amendment of Schedule E.R. 2 of 2014 10/04/2014


The Chief Executive in Council may by order amend the Schedule.
(Amended 13 of 1999 s. 3)

(Enacted 1993)




Cap 427 - Crimes (Torture) Ordinance 3

Section: 9 (Omitted as spent—E.R. 2 of 2014) E.R. 2 of 2014 10/04/2014




Schedule: Schedule E.R. 2 of 2014 10/04/2014


[section 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.

(Enacted 1993)

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