HC Deb 17 May 1962 vol 659 cc1665-6

Lords Amendment: In page 7, line 12, leave out from second "Act" to end of line 16 and insert: shall apply in relation to the warrant and any proceedings thereon as if the Republic were a part of Her Majesty's dominions: Provided that no person shall be returned to the Republic by virtue of this paragraph—

  1. (a) if the offence of which he is accused is an offence of a political character or an offence which is not an offence under the law of the country or territory in which the warrant was endorsed or issued as aforesaid; or
  2. (b) if he proves to the satisfaction of a magistrate, court or authority having jurisdiction under the said Act to order his return or discharge that his return is in fact sought with a view to trying or punishing him for such an offence as aforesaid."

10.12 p.m.

The Under-Secretary of State for Foreign Affairs (Mr. Peter Thomas)

I beg to move, That this House doth agree with the Lords in the said Amendment.

It will be remembered that during consideration of the Bill in Committee, in order to meet anxiety expressed on both sides of the Committee a Government Amendment was made to exclude from the fugitive offenders provisions offences which are offences in South Africa but not in the British territory being asked to return the offender. In addition, during the Report stage in this House an undertaking was given by the Government to introduce a further Amendment in another place to exclude also political offenders. The Amendment fulfils that undertaking.

For technical, drafting reasons it has been necessary to redraft also the part of the existing provision which refers to offences which are not offences in the territory being asked to return the offender and to incorporate this in the present Amendment. Thus, the present Amendment now deals with both of the points on which anxiety was expressed in previous stages of the Bill in this House. It does not in any way detract from or reduce the effect of what was agreed in previous discussions in the House. I hope that the Amendment will be approved.

Question put and agreed to.

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