Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Surrender under fugitive offenders ordinance

Legal area

Court

31 Jul 2002

CHENG CHUI PING v. THE CHIEF EXECUTIVE OF HKSAR AND ANOTHER

Citation

CHENG CHUI PING v. THE CHIEF EXECUTIVE OF HKSAR AND ANOTHER
Court

Court of Appeal
Case number

CACV138/2002

The Chief Executive was under no duty under the Ordinance or the relevant treaty to determine whether the offences were time-barred under United States law and, given that question was arguable and a matter of foreign law and fact for the requesting jurisdiction's courts, there was no obligation to give reasons in the circumstances; the order for surrender was lawful and the refusal of judicial review was affirmed.
6 Jul 2000

WONG SHU KWAN, JOHNNY v. THE GOVERNMENT OF CANADA AND ANOTHER

Citation

WONG SHU KWAN, JOHNNY v. THE GOVERNMENT OF CANADA AND ANOTHER
Court

Court of First Instance
Case number

HCAL135/2000

The magistrate's committal was lawful because there was prima facie evidence, independent of the challenged statements, to support a finding that the applicant was party to the conspiracy and offences; statements properly viewed as made in furtherance of the conspiracy were admissible and, even with exclusion of inadmissible passages, the remaining evidence (telephone links, witness testimony, motive, conduct) was sufficient to warrant committal under s.10(6)(b).