Read the full judgment text of CACV 000122/1994 on BabelCite. This Court of Appeal judgment was delivered on 7 October 1994 before Penlington JA, Nazareth JA, Litton JA.
Habeas corpus – extradition – leave to issue writ – standard for grant of leave – judicial review test from Re Ho Ming-sai [1994] 1 HKLR 21 applied – whether material discloses an arguable case – evidence of conspiracy to murder – triad gang leader ordering members to kill rival gang members – providing guns and location of targets – whether evidence supports conspiracy or only incitement – not necessary for participants to utter words of agreement – evidence sufficient to disclose prima facie case of conspiracy to murder – magistrate's committal upheld – unsworn statement ruling – whether ruling caused prejudice – appellant chose to make no statement – ruling caused no prejudice – appeal against refusal of leave dismissed – Offences against the Persons Ordinance (Cap 212) s.5.
Legal issues: Standard for granting leave to issue a writ of habeas corpus · Whether evidence discloses a prima facie case of conspiracy to murder · Effect of magistrate's ruling on unsworn statement
Outcome: Appeal dismissed.