1985 when I was arrested on a Provisional Warrant. I have spent
5 years and 7 months remanded in custody.
2.
in
The Hong Kong government currently seeks my return on 39
charges arising from a series of loans made by Bumiputra Malaysia
Finance Limited ( "BMFL") to the Carrian group of companies
Hong Kong, of which a Mr. George Tan ( "Tan" ) was the Chairman
at all material times. For the reasons stated in Paragraph 27(1)
below, the Hong Kong government has repeatedly stated its
intention to jointly charge and try me, in what has come to be
known as "the BMFL trial", together with Tan and a Dr. Rais
Saniman ("Saniman"), a director of BMFL, whose
currently being sought from France.
extradition
is
3. Section 11 (3) (b) of the Extradition Act 1989 ("EA") provides
as follows, so far as is now material:-
"(1)
Where a person is committed under section 9 above, the court shall inform him in ordinary language of his right to make an application for habeas corpus, and shall forthwith give notice of the committal to the Secretary of State.
(2)
(3) High
A person committed shall not be returned:
(a)
in any case, until the expiration of the period of 15 days beginning the day on which the order for his committal is made;
(b) if an application for habeas corpus is made in his case, so long as proceedings on that application are pending.
Without prejudice to any jurisdiction of the
Court apart from this section, the court shall order the applicant's discharge if it appears to the court in relation to the offence, or each of the offences, in respect of which the applicant's return is sought that....
2