Hong Kong Case Law: Decisions & Judgments

Topic

Committal for trial

Legal area

Court

21 Feb 1992

MAYURET TANKANCHOPHAT v. THE GOVERNMENT OF UNITED STATES OF AMERICA

Citation

MAYURET TANKANCHOPHAT v. THE GOVERNMENT OF UNITED STATES OF AMERICA
Court

Court of Appeal
Case number

CACV114/1991

The Court held the warrants and accompanying documents were authenticated in a manner permitted by Article VII(5) of the Treaty and by Hong Kong law (Evidence Ordinance), the evidence before the magistrate was sufficient to justify committal for conspiracy to traffick, and therefore the habeas corpus application failed; the appeal was dismissed.
9 Feb 1991

LAM YU SHING AND OTHERS v. THE GOVERNMENT OF UNITED STATES OF AMERICA

Citation

LAM YU SHING AND OTHERS v. THE GOVERNMENT OF UNITED STATES OF AMERICA
Court

Court of First Instance
Case number

HCMP3967/1990

The High Court held the magistrate applied the correct prima facie test and there was sufficient evidence for a jury properly directed to infer that the applicants (including Lam) knowingly participated in the heroin conspiracy and trafficking; the Governor's Order to Proceed and the form of crime 2 were sufficiently particularised for committal and did not render offences non‑extraditable; the US undertaking not to try counts based solely on acts in Thailand (and the speciality rule) was accepted; accordingly committals were upheld and habeas corpus applications dismissed.
3 Oct 1979

RE LAI SANG

Citation

RE LAI SANG
Court

Court of First Instance
Case number

HCMP517/1979

The Full Bench held that the circumstantial evidence was sufficient to infer the death of the alleged victim and that there was sufficient admissible and corroborated evidence to justify committal for trial of each applicant; the confessions admitted were properly treated as voluntary but even without them committal would have been ordered, therefore the habeas corpus applications were dismissed.

Hong Kong Case Law

MAYURET TANKANCHOPHAT v. THE GOVERNMENT OF UNITED STATES OF AMERICA

LAM YU SHING AND OTHERS v. THE GOVERNMENT OF UNITED STATES OF AMERICA

RE LAI SANG