Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Orders to proceed

Legal area

Court

29 May 1991

ENG SUI HANG, JOHNNY v. GOVERNMENT OF THE UNITED STATES OF AMERICA AND ANOTHER

Citation

ENG SUI HANG, JOHNNY v. GOVERNMENT OF THE UNITED STATES OF AMERICA AND ANOTHER
Court

Court of Appeal
Case number

CACV22/1991

The appeal is dismissed. The court held that the Deputy to the Governor/Secretary of State can lawfully issue more than one operative order under paragraph 4(2) of Schedule 1 to the Extradition Act 1989; the May 1990 order was a valid alternative order (not an unlawful contingent order); the Governor did not act unreasonably or misuse his powers; consequently the committal and refusal to discharge under habeas corpus were properly determined.
22 Jun 1990

ENG SUI HANG, JOHNNY v. GOVERNMENT OF THE UNITED STATES OF AMERICA

Citation

ENG SUI HANG, JOHNNY v. GOVERNMENT OF THE UNITED STATES OF AMERICA
Court

Court of First Instance
Case number

HCMP3484/1989

Provisional warrant proceedings were separate and did not vest any right, privilege, obligation or liability in the United States or in Hong Kong at the date of repeal; therefore proceedings after repeal should have been conducted under the Extradition Act 1989; the Governor's orders made under the repealed 1870 Act and all subsequent proceedings including the magistrate's warrants of committal were unlawful and a nullity; habeas corpus was granted.