Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Treaty obligations and comity
  • 4 Aug 1999

    HKSAR v. ROBERT HENRY COSBY

    Citation
    HKSAR v. ROBERT HENRY COSBY
    Court
    Court of First Instance
    Case number
    HCMP4448/1999

    The High Court (Court of First Instance) has inherent jurisdiction to hear bail applications in extradition proceedings; such applications are not governed by the Criminal Procedure Ordinance and s.10(5) FOO (which applies to courts of committal) does not automatically bind the High Court; the HKSAR is the proper respondent where the arrest was effected by Hong Kong authorities; extradition bail requires a higher standard of scrutiny than ordinary bail because of treaty obligations.