Habeas Corpus Ad Subjiciendum

Case No.CACV 152/1991

Court

Court of Appeal

Date09 Jan 1992

Judge—

Case Document

100%

CACV000152/1991

IN THE COURT OF APPEAL	1991, No 152
	(Civil)

	IN THE MATTER of the Extradition Act 1989

	and

	IN THE MATTER of an application for a Writ of Habeas corpus ad Subjiciendum

---------------------------

Coram: Hon Sir Derek Cons, V-P, Kempster and Clough, JJA

Date of Hearing: 9 January 1992

Date of Judgment: 9 January 1992

-----------------------

J U D G M E N T

-----------------------

Kempster, JA (giving the judgment of the Court) :

1. This is an appeal from an order of Sears J made on 8 August 1991 refusing the application of Law Kin man for the issue of a writ of habeas corpus ad subjiciendum.

2. Having heard Mr Llewellyn on his behalf, the extraditing state not being represented, it is apparent to us that there is room for argument as to the statutory provisions presently governing extradition in Hong Kong and as to the powers and nature of the office of the person known as "Chief Magistrate" at the material time. As to the facts there may be need for information as to what transpired between the issue by His Excellency of the orders impugned and the hearing held by Mr Wiltens; a permanent magistrate.

3. Although by reason of s 8 of the 1870 Extradition Act, alternatively of paragraph 5 subparagraph 4 of Schedule 1 of the 1989 Act, it may not benefit the appellant in the long run it would seem in the public interest that these matters of law and fact should be clarified by argument and evidence. We accordingly order that a writ of habeas corpus do issue in this case and that the appeal be allowed accordingly.

Representation:

S. Llewellyn (M/s Ho & Chan) for Applicant/Appellant