Hong Kong Ordinances

CRIMES (TORTURE) ORDINANCE - SECT 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" (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 shall be liable on conviction
on indictment to imprisonment for life. (Enacted 1993) "lawful authority,
justification or excuse" (合法權限、理由或解釋)