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| | | “(6A) | It shall be the duty of the Secretary of State to make a motion in the House |
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| | | of Commons in respect of the annual report laid under subsection (6) |
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| | | within three months of the date on which the report was laid.”. |
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| | | (3) | After section 7(7) insert— |
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| | | “(7A) | It shall be the duty of the Scottish Ministers to make a motion in the |
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| | | Scottish Parliament in respect of the annual report laid under subsection |
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| | | (7) within three months of the date on which the report was laid.”’. |
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| | To move the following Clause:— |
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| | | ‘(1) | The Police and Justice Act 2006 (c. 48) is amended by omitting paragraph 6 of |
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| | | (2) | Notwithstanding any provision to the contrary contained in the Police and Justice |
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| | | Act 2006 or this Act, paragraphs 4 and 5 of Schedule 13 of the Police and Justice |
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| | | Act 2006 shall come into force on the day on which this Act is passed.’. |
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| | | Offences relating to information about members of armed forces etc |
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| | To move the following Clause:— |
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| | | ‘Section 76 of the Counter-Terrorism Act 2008 is repealed.’. |
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| | | Unlawful rendition and searching of aircraft |
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| | To move the following Clause:— |
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| | | ‘After section 24B of the Aviation Security Act 1982 (c. 36) insert— |
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| | | “24C | Police powers to search aeroplanes |
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| | | (1) | If the Secretary of State has reason to believe that an aircraft that is in |
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| | | flight over the United Kingdom is or has recently been or may be |
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| | | involved in an act of unlawful rendition then he or she may require the |
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| | | aircraft to land at a suitable aerodrome. |
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| | | (2) | If an aircraft is required to land in accordance with subsection (1), a |
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| | | responsible person must, as soon as practicable after the aircraft has |
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| | | landed, enter and search the aircraft. |
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| | | (3) | The Secretary of State or a responsible person must enter and search an |
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| | | aircraft if he or she has reason to believe that— |
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| | | (a) | an aircraft in an aerodrome is or has recently been or may be |
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| | | involved in an act of unlawful rendition; or |
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| | | (b) | in respect of an aircraft in an aerodrome, incomplete or incorrect |
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| | | information under sections 32 and 33 of the Immigration, |
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| | | Asylum and Nationality Act 2006 (c. 13) has been supplied. |
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| | | (4) | For the purposes of subsections (2) and (3), a search of an aircraft is to be |
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| | | carried out to determine if— |
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| | | (a) | the aircraft has recently been, or may be involved in an act of |
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| | | (b) | a criminal offence has been committed; or |
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| | | (c) | allowing the aircraft to continue on its journey could place the |
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| | | United Kingdom in breach of its obligations under the European |
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| | | Convention on Human Rights, |
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| | | | but these powers may only be exercised when it is not reasonably |
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| | | practicable to apply for a warrant of entry in accordance with section 8 of |
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| | | the Police and Criminal Evidence Act 1984 (c. 60). |
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| | | (5) | A person who carries out a search under this section may remove any |
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| | | items from the aircraft if it may be evidence of any of the matters set out |
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| | | “an act of unlawful rendition” means an act, not being in accordance with |
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| | | formal lawful extradition or deportation procedures, involving the |
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| | | forcible transportation of a person to a territory where he or she may be |
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| | | subjected to torture and inhuman and degrading treatment; |
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| | | “a responsible person” means— |
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| | | (c) | the chief officer of police of a police force maintained for a |
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| | | police area in England and Wales; |
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| | | (d) | the chief constable of a police force maintained under the Police |
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| | | (Scotland) Act 1967 (c. 77); |
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| | | (e) | the Chief Constable of the Police Service of Northern Ireland; |
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| | | (f) | one of the Commissioners for HM Revenue and Customs; |
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| | | (g) | a constable designated by any of the persons specified in |
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| | | paragraphs (a) to (c).”’. |
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| | Page 25, line 30, leave out Clause 30. |
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| | Page 25, line 33 [Clause 30], at end add— |
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| | | ‘(2) | In section 27 of the Violent Crime Reduction Act 2006 (c. 38), after subsection |
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| | | “(2A) | In making a direction under this section to an individual aged under 16, |
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| | | a constable in uniform must consider the effect of making the direction |
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| | | on the individual’s welfare and safety.”’. |
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| | Page 79, line 6 [Clause 66], at end add— |
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| | | ‘(4) | When proceeding under this section the judge must consider whether the |
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| | | extradition is barred under section 11, 21, or 25.’. |
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| | Page 80, line 6 [Clause 67], at end add— |
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| | | ‘(4) | When proceeding under this section the judge must consider whether the |
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| | | extradition is barred under sections 11, 21, or 25.’. |
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| | Page 80, line 9 [Clause 68], after ‘case)’, insert— |
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| | Page 80, line 11 [Clause 68], at end insert— |
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| | | ‘(b) | after subsection (3) insert— |
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| | | “(3A) | When proceeding under this section the judge must consider |
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| | | whether the extradition is barred under sections 11, 21, or 25”.’. |
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| | Page 80, line 11 [Clause 68], at end insert— |
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| | | ‘(c) | after subsection (2) insert— |
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| | | “(3) | When proceeding under this section the judge must consider |
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| | | whether the extradition is barred under section 11, 21, or 25”.’. |
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| | Page 80, line 17 [Clause 68], after ‘case)’, insert— |
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| | Page 80, line 19 [Clause 68], at end insert— |
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| | | ‘(b) | after subsection (3) insert— |
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| | | “(3A) | When proceeding under this section the judge must consider |
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| | | whether the extradition is barred under sections 79, 87, or 91”.’. |
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| | Page 80, line 24 [Clause 68], after ‘otherwise)’ insert— |
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| | | ‘(c) | after subsection (2) insert— |
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| | | “(3) | When proceedings under this section the judge must consider |
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| | | whether the extradition is barred under sections 79, 87, or 91”.’. |
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| | Page 80, line 25 [Clause 68], after ‘extradition)’ insert— |
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| | Page 80, line 27 [Clause 68], at end insert— |
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| | | ‘(b) | after subsection (3) insert— |
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| | | “(4) | When proceeding under this section the Secretary of State must |
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| | | consider whether the extradition is barred under section 93, or in |
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| | | accordance with the person’s Convention rights within the |
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| | | meaning of the Human Rights Act or any other treaty |
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| | Page 80, line 32 [Clause 68], after ‘otherwise)’ insert— |
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| | | ‘(3) | When proceeding under this section the Secretary of State must consider whether |
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| | | the extradition is barred under section 93, or in accordance with the person’s |
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| | | Convention rights within the meaning of the Human Rights Act or any other |
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| | Page 81, line 37 [Clause 69], leave out from ‘time,’ to end of line 39 and insert |
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| | ‘subsections (6A) to (6D) apply in relation to the person (“the offender”).’. |
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| | Page 81, line 39 [Clause 69], at end insert— |
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| | | ‘(6A) | The offender is liable to be detained, on return, in any place in which the |
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| | | offender could have been detained pursuant to the sentence before the |
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| | | (6B) | A constable or immigration officer may— |
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| | | (a) | take the offender into custody, and |
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| | | (b) | convey the offender to the place mentioned in subsection (6A). |
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| | | (6C) | The offender must be released on licence within the period of 5 days |
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| | | beginning when the offender is taken (or retaken) into custody under this |
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| | | (6D) | In calculating a period of 5 days for the purposes of subsection (6C) no |
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| | | account is to be taken of— |
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| | | (a) | any Saturday or Sunday, |
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| | | (d) | in any part of the United Kingdom, any day that is a bank holiday |
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| | | under the Banking and Financial Dealings Act 1971 in that part |
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| | Page 82, line 8 [Clause 69], at end insert— |
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| | | ‘(7A) | The powers conferred on a constable by subsection (6B) are exercisable |
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| | | in any part of the United Kingdom.’. |
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| | Page 83, line 1 [Clause 70], leave out from ‘time,’ to end of line 3 and insert |
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| | ‘subsections (6A) to (6D) apply in relation to the person (“the offender”).’. |
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| | Page 83, line 3 [Clause 70], at end insert— |
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| | | ‘(6A) | The offender is liable to be detained, on return, in any place in which the |
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| | | offender could have been detained pursuant to the sentence before the |
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| | | (6B) | A constable or immigration officer may— |
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| | | (a) | take the offender into custody, and |
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| | | (b) | convey the offender to the place mentioned in subsection (6A). |
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| | | (6C) | The offender must be released on licence within the period of 5 days |
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| | | beginning when the offender is taken (or retaken) into custody under this |
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| | | (6D) | In calculating a period of 5 days for the purposes of subsection (6C) no |
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| | | account is to be taken of any day mentioned in any of paragraphs (a) to |
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| | Page 83, line 18 [Clause 70], at end insert— |
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| | | ‘(7A) | The powers conferred on a constable by subsection (6B) are exercisable |
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| | | in any part of the United Kingdom.’. |
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| | Page 85, line 4 [Clause 71], leave out from ‘time,’ to end of line 6 and insert |
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| | ‘subsections (4A) to (4D) apply in relation to the person (“the offender”).’. |
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| | Page 85, line 6 [Clause 71], at end insert— |
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| | | ‘(4A) | The offender is liable to be detained, on return to the United Kingdom, in |
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| | | any place in which the offender could have been detained pursuant to the |
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| | | sentence before the time of return to the territory. |
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| | | (4B) | A constable or immigration officer may— |
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| | | (a) | take the offender into custody, and |
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| | | (b) | convey the offender to the place mentioned in subsection (4A). |
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| | | (4C) | The offender must be released on licence within the period of 5 days |
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| | | beginning when the offender is taken (or retaken) into custody under this |
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| | | (4D) | In calculating a period of 5 days for the purposes of subsection (4C) no |
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| | | account is to be taken of any day mentioned in any of paragraphs (a) to |
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| | | (4E) | The powers conferred on a constable by subsection (4B) are exercisable |
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| | | in any part of the United Kingdom.’. |
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| | Page 86, line 19 [Clause 71], leave out from first ‘the’ to ‘compatible’ in line 20 |
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| | and insert ‘return is not’. |
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| | Page 86, line 19 [Clause 71], leave out ‘Secretary of State is not satisfied that the |
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| | return’ and insert ‘the return is not’. |
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| | Page 86, line 19 [Clause 71], after ‘not’ insert ‘reasonably’. |
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| | Page 86, line 20 [Clause 71], after ‘with’, insert ‘human rights, including’. |
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