Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Statute of limitations/time-bar

Legal area

Court

12 Nov 1999

ROBERT HENRY COSBY v. THE CHIEF EXECUTIVE OF THE HKSAR

Citation

ROBERT HENRY COSBY v. THE CHIEF EXECUTIVE OF THE HKSAR
Court

Court of First Instance
Case number

HCAL118/1999

The Chief Executive acted lawfully in issuing the authority to proceed because the Fugitive Offenders Ordinance requires focus on the conduct disclosed by the requesting documents and on whether that conduct would constitute a Hong Kong scheduled offence; there was sufficient material to show the relevant conduct and that prosecution in the USA was not time‑barred, so the decision was not unlawful, irrational or an abuse of process.
1 Nov 1991

RE CHOI SZE YUEN

Citation

RE CHOI SZE YUEN
Court

Court of First Instance
Case number

HCMP2907/1991

The magistrate's committal was lawful because there was sufficient evidence of identity (sworn deposition plus photograph and judicial comparison) and sufficient evidence of an extraditable offence as provided by sworn US evidence; the sealed duplicate of the warrant constituted adequate authentication; questions as to statute of limitations under foreign law were for the requesting state and the magistrate was entitled to accept the US attorney's sworn statement that offences were not time‑barred; accordingly habeas corpus relief was refused.