25 Oct 1995
KEN HA KHANH PHONG v. ATTORNEY GENERAL OF HONG KONG
- Citation
- KEN HA KHANH PHONG v. ATTORNEY GENERAL OF HONG KONG
- Court
- Court of First Instance
- Case number
- HCMP2766/1996
The court held that an alleged fugitive has no right to require cross-examination of witnesses adducing evidence in extradition proceedings; section 77E of the Evidence Ordinance does not authorize a magistrate (and the High Court on judicial review of such a decision) to order cross-examination or production of witnesses for extradition matters; Article 11(2) of the Hong Kong Bill of Rights is inapplicable because extradition proceedings are not the determination of a criminal charge; there is no entitlement to wholesale disclosure of a requesting state's investigatory materials in extraditi…