Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Extradition treaty interpretation

Legal area

Court

7 Jan 1987

THE QUEEN v. THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND ANOTHER

Citation

THE QUEEN v. THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND ANOTHER
Court

Court of First Instance
Case number

HCMP2738/1986

The Governor's Order to Proceed was lawfully made by specifying Hong Kong offences capturing the alleged conduct; the Magistrate correctly confined himself to whether the evidence established prima facie the specified Hong Kong extradition offences and therefore properly committed the applicant; the double criminality test requiring substantial similarity and admission of expert evidence on foreign substantive law is not applicable in committal proceedings beyond treaty threshold matters; the applications for habeas corpus, certiorari and declarations were dismissed.
8 Jul 1974

RE YUIN KWEI SANG

Citation

RE YUIN KWEI SANG
Court

Court of First Instance
Case number

HCMP145/1974

The magistrate in the later proceedings had jurisdiction and new evidence sufficient to establish a prima facie case; this Court will not reassess the weight of that evidence and a prior discharge for insufficiency of committal evidence does not bar subsequent committal proceedings when new evidence is available, therefore the habeas corpus application must be dismissed.