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Lu Ping:
AG:
The
The Hong Kong Legislative Council has passed this legislation. court has ruled that this legislation is inconsistent with the British
Act. If the Legislative Council
does not pass new laws in this respect, what will the Court base on to adjudge in future cases? If the Court adjudges cases in accordance with the English Act, it means that the judiciary can apply English Acts directly.
As the Hong Kong law does not include the offence in its list, the Court cannot make reference to this law
when it adjudges on such (drug trafficking) cases. Where can the Court draw reference to base its decision upon?
(In response to a question from the interpretor, AG clarified the meaning of repugnancy) According to the Colonial Act, when a law is declared repugnant, it is void and of no effect.
The Extradition Acts which apply to Hong Kong are laws concerning the circumstances in which extradition is possible. The Hong Kong ordinance deals mainly with the procedures in extradition. When an extradition case is brought to court, it is brought with reference to the English Act which is applied to Hong Kong.
The Hong Kong authority in this
particular case were dealing with extradition to USA for a drugs offence. The defendant said he could
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