TNAG-2387-FCO40-3469-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 97

A

B

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D

The whole of that Act was repealed by section 37(1) of and

Schedule 2 to the Extradition Act 1989 ("the Act of 1989").

That Act is a consolidating enactment which came into force

on 28 September 1989 (section 38(2)). It enacts (albeit

with some modifications) the provisions of the FOA. The

provision which now corresponds to the repealed section is

section 11 which provides, 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 the Secretary of State.

"(2) A person committed shall not be returned:

E

"(3)

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G

H

(a)

(b)

in any case, until the expiration of the period of 15 days beginning the day on which the order for his committal is made;

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 High 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

(b)

(c)

by reason of the passage of time since he is alleged to have committed it

Or

because the accusation against him is not made in good faith in the interests of justice,

it would, having regard to all the circumstances, be unjust or oppressive to return him."

If it be objected that the section is inapplicable to

Osman because he was committed not under "section 9 above",

but under section 7 of the FOA, then the objection is met

11