7 -
Lu Ping:
Wang Shumen:
AG:
not be extradited because the Hong Kong Ordinance only applied to procedures up to 1935 and conspiracy to traffic in drugs is not an extraditable crime
in 1935.
There was limitation in
the Hong Kong Ordinance but that limitation is repugnant because it is inconsistent with the Extradition Act. What the Hong Kong court said in effect was that the modern list of the Extradition Act was applicable to this case.
I reckon that the English Extradition Acts belong to the first catagory of direct application whereas the Hong Kong Ordinance deals only with the procedure.
In addition to my previous question,
I would like to know whether regulations to remedy the situation are passed by the Hong Kong legislature.
The first question is whether all courts in Hong Kong are competent to declare laws to be repugnant and whether only one court can do that. The answer is all courts
in Hong Kong are competent to make the declaration. In this particular case the decision was made by a magistrate court although the defendant appealed to a higher court and the ultimate decision was made there.
The second question is whether there is an equivalent in Hong Kong to the Japanese situation where the decision on whether a law is invalid
is taken by the Diet. The answer
The questions are exclusive ones for the court.
is no.
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