The HKSAR should consider adopting a more inclusive definition of the term “public official” in the definition of torture as to clearly include all acts inflicted by or at the instigation of or with the consent or acquiescence of all public officials or other persons acting in an official capacity. The Committee further recommends that HKSAR ensure that the definition comprises all the elements contained in article 1, including discrimination of any kind. (6) The Committee notes the HKSAR’s position that the “defence of lawful authority, justification or excuse” contained in Section 3 (4) of the Crimes (Torture) Ordinance simply serves to give effect to the second sentence of article 1, paragraph 1 of the Convention. However, the Committee - reiterating its concern expressed in the previous concluding observations - emphasizes that the Convention does not authorize any possible defense for acts of torture. The HKSAR should consider abolishing the defense contained in section 3 (4) of the Crimes (Torture) Ordinance; to this end, the State party could, for instance, incorporate article 1 of the Convention into its Basic Law, as it has done with article 7 of the International Covenant on Civil and Political Rights. Refugees and non-return to torture (7) While the Committee appreciates the cooperation of HKSAR authorities with UNHCR to ensure respect for the principle of non-refoulement and protection of refugees and asylum-seekers, it is still concerned that there is no legal regime governing asylum and establishing a fair and efficient refugee status determination procedure. The Committee is also concerned that there are no plans to extend to HKSAR the 1951 United Nations Convention relating to the Status of Refugees and its 1967 Protocol. The HKSAR should: (a) Incorporate the provisions contained in article 3 of the Convention under the Crimes (Torture) Ordinance; (b) Consider adopting a legal regime on asylum establishing a comprehensive and effective procedure to examine thoroughly, when determining the applicability of its obligations under article 3 of the Convention, the merits of each individual case; (c) Ensure that adequate mechanisms for the review of the decision are in place for each person subject to removal, expulsion or extradition; (d) Increase protection, including recovery and reintegration, to trafficked persons, especially women and children, who should be treated as victims and not criminalized; (e) Ensure effective post-return monitoring arrangements; and (f) Consider the extension of the 1951 Refugee Convention and the 1967 Protocol to Hong Kong. Transfer of fugitive offenders/sentenced persons (8) The Committee notes the discussion between HKSAR and the mainland of China with respect to arrangement for the transfer of fugitive offenders and sentenced persons as well as that “death penalty safeguards” have been included in the draft arrangement. If resorting to the use of “death penalty safeguards” in the surrender of fugitive offenders/sentenced persons, the HKSAR should provide the Committee, in its next report, with information on the number of cases where “surrender” or removals subject to safeguards or guarantees have occurred in the reporting period; with information on the HKSAR’s minimum requirements for these safeguards; the measures of subsequent monitoring undertaken by HKSAR in such cases as well as the legal enforceability of these safeguards. 29