Hong Kong Regulations

FUGITIVE OFFENDERS (GENOCIDE) ORDER - SCHEDULE SCHEDULE

[section 2]

CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE

THE CONTRACTING PARTIES,

HAVING CONSIDERED the declaration made by the General Assembly of the United
Nations in its resolution 96 (I) dated 11 December 1946 that genocide is a
crime under international law, contrary to the spirit and aims of the United
Nations and condemned by the civilized world;

RECOGNIZING that at all periods of history genocide has inflicted great losses
on humanity; and

BEING CONVINCED that, in order to liberate mankind from such an odious
scourge, international co-operation is required,

HEREBY AGREE AS HEREINAFTER PROVIDED:

ARTICLE I

The Contracting Parties confirm that genocide, whether committed in time of
peace or in time of war, is a crime under international law which they
undertake to prevent and to punish.

ARTICLE II

In the present Convention, genocide means any of the following acts committed
with intent to destroy, in whole or in part, a national, ethnical, racial or
religious group, as such:

   (a)  Killing members of the group;

   (b)  Causing serious bodily or mental harm to members of the group;

   (c)  Deliberately inflicting on the group conditions of life calculated to
        bring about its physical destruction in whole or in part;

   (d)  Imposing measures intended to prevent births within the group;

   (e)  Forcibly transferring children of the group to another group.

ARTICLE III

The following acts shall be punishable:

   (a)  Genocide;

   (b)  Conspiracy to commit genocide;

   (c)  Direct and public incitement to commit genocide;

   (d)  Attempt to commit genocide;

   (e)  Complicity in genocide.

ARTICLE IV

Persons committing genocide or any of the other acts enumerated in article III
shall be punished, whether they are constitutionally responsible rulers,
public officials or private individuals.

ARTICLE V

The Contracting Parties undertake to enact, in accordance with their
respective Constitutions, the necessary legislation to give effect to the
provisions of the present Convention and, in particular, to provide effective
penalties for persons guilty of genocide or of any of the other acts
enumerated in article III.

ARTICLE VI

Persons charged with genocide or any of the other acts enumerated in article
III shall be tried by a competent tribunal of the State in the territory of
which the act was committed, or by such international penal tribunal as may
have jurisdiction with respect to those Contracting Parties which shall have
accepted its jurisdiction.

ARTICLE VII

Genocide and the other acts enumerated in article III shall not be considered
as political crimes for the purpose of extradition. The Contracting Parties
pledge themselves in such cases to grant extradition in accordance with their
laws and treaties in force.

ARTICLE VIII

Any Contracting Party may call upon the competent organs of the United Nations
to take such action under the Charter of the United Nations(1) as they
consider appropriate for the prevention and suppression of acts of genocide or
any of the other acts enumerated in article III.

ARTICLE IX

Disputes between the Contracting Parties relating to the interpretation,
application or fulfilment of the present Convention, including those relating
to the responsibility of a State for genocide or for any of the other acts
enumerated in article III, shall be submitted to the International Court of
Justice at the request of any of the parties to the dispute.

ARTICLE X

The present Convention, of which the Chinese, English, French, Russian and
Spanish texts are equally authentic, shall bear the date of 9 December 1948.

ARTICLE XI

The present Convention shall be open until 31 December 1949 for signature on
behalf of any Member of the United Nations and of any non-member State to
which an invitation to sign has been addressed by the General Assembly. The
present Convention shall be ratified, and the instruments of ratification
shall be deposited with the Secretary-General of the United Nations. After 1
January 1950 the present Convention may be acceded to on behalf of any Member
of the United Nations and of any non-member State which has received an
invitation as aforesaid. Instruments of accession shall be deposited with the
Secretary-General of the United Nations.

ARTICLE XII

Any Contracting Party may at any time, by notification addressed to the
Secretary-General of the United Nations, extend the application of the present
Convention to all or any of the territories for the conduct of whose foreign
relations that Contracting Party is responsible.

ARTICLE XIII

On the day when the first twenty instruments of ratification or accession have
been deposited, the Secretary-General shall draw up a proce's-verbal and
transmit a copy thereof to each Member of the United Nations and to each of
the non-member States contemplated in article XI. The present Convention shall
come into force on the ninetieth day following the date of deposit of the
twentieth instrument of ratification or accession.(2) Any ratification or
accession effected subsequent to the latter date shall become effective on the
ninetieth day following the deposit of the instrument of ratification or
accession.(3)

ARTICLE XIV

The present Convention shall remain in effect for a period of ten years as
from the date of its coming into force. It shall thereafter remain in force
for successive periods of five years for such Contracting Parties as have not
denounced it at least six months before the expiration of the current period.
Denunciation shall be effected by a written notification addressed to the
Secretary-General of the United Nations.

ARTICLE XV

If, as a result of denunciations, the number of Parties to the present
Convention should become less than sixteen, the Convention shall cease to be
in force as from the date on which the last of these denunciations shall
become effective.

ARTICLE XVI

A request for the revision of the present Convention may be made at any time
by any Contracting Party by means of a notification in writing addressed to
the Secretary-General. The General Assembly shall decide upon the steps, if
any, to be taken in respect of such request.

ARTICLE XVII

The Secretary-General of the United Nations shall notify all Members of the
United Nations and the non-member States contemplated in article XI of the
following:

   (a)  Signatures, ratifications and accessions received in accordance with
        article XI;

   (b)  Notifications received in accordance with article XII;

   (c)  The date upon which the present Convention comes into force in
        accordance with article XIII;

   (d)  Denunciations received in accordance with article XIV;

   (e)  The abrogation of the Convention in accordance with article XV;

   (f)  Notifications received in accordance with article XVI.

ARTICLE XVIII

The original of the present Convention shall be deposited in the archives of
the United Nations. A certified copy of the Convention shall be transmitted to
each Member of the United Nations and to each of the non-member States
contemplated in article XI.

ARTICLE XIX

The present Convention shall be registered by the Secretary-General of the
United Nations on the date of its coming into force.
___________________________________________________________________________
______ Note:

(1) Treaty Series No. 67 (1946), Cmd. 7015.

(2) The Convention entered into force on 12 January, 1951.

(3) The Convention entered into force for the United Kingdom on 30 April,
1970.