12 Jan 2010
CHAN HOK SHEK v. SUPERINTENDENT OF LAI CHI KOK RECEPTION CENTRE AND ANOTHER
- Citation
- CHAN HOK SHEK v. SUPERINTENDENT OF LAI CHI KOK RECEPTION CENTRE AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL118/2009
The applicant was lawfully committed because the magistrate correctly applied s.10(6)(b) of the Fugitive Offenders Ordinance by assessing only whether a prima facie case existed; the absence of the witness from the USA and the presence of hearsay did not, on the evidence, destroy or very severely undermine the case and did not render the committal unlawful; the duty of candour requires disclosure only of matters that would destroy or very severely undermine the requesting state's case; consequently the habeas corpus application was dismissed.