20 Dec 2012
KIM v THE PRISON MANAGER, MOUNT EDEN CORRECTIONS FACILITY SC 80/2012
- Citation
- SC 80/2012
- Court
- Supreme Court
The provisional arrest warrant issued under s 20 was lawful: s 20 permits issuance absent a formal surrender request and the material before the warrant-issuing Judge (Interpol Red Notice, certified Chinese arrest warrant and translations, witness statements, forensic indicia) gave reasonable grounds to believe the appellant was accused of intentional homicide and therefore an extraditable person; compliance with PRC art 47 and other contested foreign law issues are irrelevant to the s 20 inquiry or otherwise matters for judicial review or the substantive surrender/eligibility process; accord…