Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Conduct test
  • 25 Mar 1987

    LAWRENCE LOUIS LEVY v. ATTORNEY GENERAL

    Citation
    LAWRENCE LOUIS LEVY v. ATTORNEY GENERAL
    Court
    Court of Appeal
    Case number
    CACV8/1987

    The Court held that the magistrate must assess the conduct established by the evidence and decide whether that conduct, if it had occurred in Hong Kong/England, would constitute an extraditable offence listed in the domestic schedule; the magistrate need not consider the foreign state's substantive criminal law; applying Nielsen and McCaffery, the committal was lawful and the appeal is dismissed, subject to modifying the magistrate's order to remove findings purporting to state the foreign law's offences.