manner in which the offence is described under Hong Kong law.
Section 2(1) of the Extradition Act 1989 defines an extradition
crime in a manner which was deliberately designed to avoid highly
technical arguments of this nature arising under the 1989 Act.
I reject both these points.
On an application for habeas Corpus after the Home Secretary has
made an order for return, can the grounds set out in s. 11(3) of
the Extradition Act 1989 be relied upon in support of an
application for habeas corpus?
There was some dispute at the hearing as to whether s. 11
creates a separate and distinct species of application for habeas
corpus or whether it merely sets out additional grounds on which
an application for habeas corpus can be made. I do not regard
this dispute as being of any practical significance, but I prefer
the view that s. 11(3) merely sets out additional grounds.
This
is in accord with the language of the section. Its sidenote
refers to an "application for habeas corpus, etc." Section 11(3)
commences by stating that it is "without prejudice to any
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