Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Consul-general certificate

Legal area

Court

13 Dec 1996

ATTORNEY GENERAL v. LUI KIN-HONG JERRY

Citation

ATTORNEY GENERAL v. LUI KIN-HONG JERRY
Court

Court of Appeal
Case number

CACV125/1996

The Court of Appeal allowed the Attorney General's appeal, holding the matter was not justiciable in Hong Kong because the Consul-General's certificate and the admissibility and effect of evidence in US extradition proceedings are for US courts to determine; no procedural unfairness to the applicant was shown; and the declaration granted by the judge was advisory and served no useful purpose, so the judge erred in granting it.
27 May 1996

LUI KIN HONG, JERRY v. ATTORNEY GENERAL

Citation

LUI KIN HONG, JERRY v. ATTORNEY GENERAL
Court

Court of First Instance
Case number

HCMP1598/1996

The court held that it was justiciable to determine and declare that the statement was inadmissible under Hong Kong law for purposes of a criminal trial and that the Government could not lawfully rely on the Consul-General's certificate to send that inadmissible material abroad without notifying the foreign court; the court would not interfere with the US extradition process but would grant a declaration to inform the US court of the statement's inadmissibility under Hong Kong law.