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MDLIAN 6481
OWN, HE SHALL TELL THE CE, WHO SHALL THEN BE FREE TO DECIDE AS HE SEES FIT.
6.
IF, HOWEVER, A CASE FALLS WITHIN THE TWO AREAS, THE MINISTER MAY NOTIFY THE CE OF HIS VIEW ON THE QUESTION OF SURRENDER, GIVING REASON, AND SHALL DO SO AS SOON AS IT IS REASONABLY PRACTICABLE AND IN ANY CASE NOT LATER THAN COPEN SQUARE BRACKETS) 14 (CLOSE SQUARE BRACKETS) AFTER THE REFERRAL. IF IT IS NOT POSSIBLE TO FORM A VIEW WITHIN THAT TIME, THE CE MUST BE TOLD AND A VIEW COMMUNICATED WITHIN COPEN SQUARE BRACKETS) 14 (CLOSE SQUARE BRACKETS) DAYS THEREAFTER. IN THE ABSENCE OF A VIEW, THE CE MAY PROCEED TO HIS DECISION.
7. AFTER RECEIPT OF THE MINISTER'S VIEW, THERE SHOULD BE FURTHER CONSULTATION IF THAT IS NECESSARY OR DESIRABLE. THE CE SHALL THEN MAKE HIS DECISION. IF HE INTENDS TO DECIDE CONTRARY TO THE VIEW OF THE MINISTER, HE MUST INFORM THE MINISTER, GIVING REASONS. IF THE MINISTER IS STILL OF HIS ORIGINAL VIEW, HE MAY THEN ISSUE INSTRUCTIONS TO THE CE ALTHOUGH INSTRUCTIONS SHOULD ONLY ISSUE IN THE EVENT OF SUCH ULTIMATE DIAGREEMENT. THE CE'S DECISION SHALL THEN ACCORD WITH THE INSTRUCTIONS.
INSTRUCTIONS SHALL RELATE ONLY TO THE QUESTION OF SURRENDER OR NON-SURRENDER, AND THE CE SHALL NOT BE INSTRUCTED TO DO ANYTHING CONTRARY TO HONG KONG LAW.
8.
9.
NO SURRENDER SHOULD TAKE PLACE UNTIL ALL COURT PROCEEDINGS IN RELATION TO A REQUEST HAVE CONCLUDED AND THIS INCLUDES ALLOWING A FUGITIVE REASONABLE TIME TO LAUNCH SUCH PROCEEDINGS AS ARE
PERMITTED BY LAW.
THE VIEW FORMED BY THE MINISTER SHALL BE HIS PERSONALLY, AS SHALL ANY INSTRUCTION TO THE CE.
10.
WILSON
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