ASSN
A
B
C:
While
relieved that it is not necessary for us to do this.
examining the documents which we did inspect, we were very
conscious of the disadvantages which flow from the court
examining documents without a party who would seek to rely on
those documents having an opportunity to see them and identify
the passages on which he would seek to rely. In this case a
sensible course was adopted to avoid a long legal argument over
what our examination of the documents indicated was a fruitless
Nonetheless our experience of performing this task,
unassisted by counsel, does indicate that there are
disadvantages in judges examining documents unaided.
exercise.
D
E
F
منا
G
H
***
The relationship between the application under section 11 of the Extradition Act 1989 and the Application for Judicial Review.
In order to consider what are the differences in the
functions of this court on the two applications now before the
court, the starting point is the role and powers of the Chief
Stipendiary Magistrate. At the time that he made the committal
order, the relevant legislation was contained in section 7 of
the Fugitive Offenders Act 1967, which has now been succeeded by
section 9 of the Extradition Act 1989. Section 7 (2) of the
1967 Act and section 9(2) of the 1989 Act are in very similar
terms and for practical purposes are to the same effect.
Section 7(2) provides:
"For the purposes of proceedings under this section a court
of committal consisting of a metropolitan stipendiary magistrate shall have the like jurisdiction and powers, nearly as may be,
as a magistrate court acting as
examining justices".
It is to be noted that the jurisdiction and powers are
as
"like" but not identical. In the case of an application by the
Government of Hong Kong for a committal order (but not in the
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