Cheng v Government of the United States of America

Cheng v Government of the United States of America

The conduct alleged against the appellant constituted extradition offences under UK law, specifically conspiracy to defraud, and all counts concerned the same criminal enterprise. The Secretary of State was entitled to make the extradition order without further assurance, as specialty would be observed.

Parties
Appellant: Cheng; First Respondent: Government of the United States of America; Second Respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
19 November 2014
Procedural Posture
Extradition Appeal / Appeal Against District Judge's Decision and Secretary of State's Extradition Order
Outcome
Appeal dismissed
Legal Topics
Extradition Offences, Specialty Principle, Conspiracy to Defraud
Criminal Law Extradition Law Extradition Offences Specialty Principle Conspiracy to Defraud

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Parties

Cheng

Appellant

Government of the United States of America

First Respondent

Secretary of State for the Home Department

Second Respondent

Procedural Posture

Extradition Appeal / Appeal Against District Judge's Decision and Secretary of State's Extradition Order

Legal Issues

  1. 1 Whether the conduct alleged constitutes extradition offences under UK law
  2. 2 Whether the Secretary of State should have obtained an assurance regarding prosecution only for conspiracy to defraud

Ratio Decidendi

The conduct alleged against the appellant constituted extradition offences under UK law, specifically conspiracy to defraud, and all counts concerned the same criminal enterprise. The Secretary of State was entitled to make the extradition order without further assurance, as specialty would be observed.

Court Disposition

Appeal dismissed

Orders

  • Appeal against District Judge's decision dismissed
  • Appeal against Secretary of State's extradition order dismissed