RE DAVIES YU

RE DAVIES YU

The High Court has jurisdiction under Evidence Ordinance s77E to issue a letter of request for overseas cross-examination and the applicant, though not charged in Hong Kong, falls within s77E(3)(a) because extradition proceedings were instituted in Hong Kong based on charges in the requesting state; on the facts the...

Source-derived case information.

Citation
RE DAVIES YU
Parties
Applicant (person Awaiting Extradition): Davies Yu (also known as Yu Yok Wen); Respondent (requesting State): United States Government
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 June 1990
Case Number
HCMP1216/1990
Procedural Posture
Extradition (high Court Application Under Evidence Ordinance S77 E) / Pre Extradition Hearing Application for Letter of Request to Cross Examine Witness Abroad
Outcome
Application granted
Legal Topics
Section 77 E Evidence Ordinance, Cross Examination of Witness Abroad, Jurisdiction to Grant International Evidence Requests, Exercise of Judicial Discretion
Source Language
en
Extradition Law Evidence Law Criminal Procedure Section 77 E Evidence Ordinance Cross Examination of Witness Abroad Jurisdiction to Grant International Evidence Requests Exercise of Judicial Discretion

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Parties

Davies Yu (also known as Yu Yok Wen)

Applicant (person Awaiting Extradition)

United States Government

Respondent (requesting State)

Procedural Posture

Extradition (high Court Application Under Evidence Ordinance S77 E) / Pre Extradition Hearing Application for Letter of Request to Cross Examine Witness Abroad

Legal Issues

  1. 1 Whether the High Court has jurisdiction under s77E to order cross-examination of a witness in a foreign jurisdiction prior to an extradition hearing
  2. 2 Whether an applicant awaiting extradition qualifies as a "person charged with an offence to which such criminal proceedings relate" under s77E(3)(a) when not charged in Hong Kong
  3. 3 Whether the court should exercise its discretion to permit overseas cross-examination given policy considerations (delay, floodgates, respect for requesting state's processes)

Ratio Decidendi

The High Court has jurisdiction under Evidence Ordinance s77E to issue a letter of request for overseas cross-examination and the applicant, though not charged in Hong Kong, falls within s77E(3)(a) because extradition proceedings were instituted in Hong Kong based on charges in the requesting state; on the facts the court should exercise its discretion to permit cross-examination in New York and therefore the application is granted.

Court Disposition

Application granted

Orders

  • Issue a letter of request under Evidence Ordinance s77E to permit the cross-examination of Tony Wong in New York prior to the extradition hearing; precise wording of the order to be agreed