TNAG-2390-FCO40-3472-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 45

A

B

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D

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لتا

F

G

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submission would attach to it. The phrase should be given its ordinary meaning. The grounds of an application include those facts upon which the court is asked to base the decision which the court is asked to make, namely, that the detention is unlawful, or that in the exercise of its discretion under the Act of 1967 the applicant should be discharged from that detention. This construction of the phrase will not permit the process of return under the Act of 1967 to be improperly prolonged because, as has been stated, the court would not permit an applicant to hold back, and not use, ground of application which was fairly available to him on his initial application and then claim to put forward that ground on a second application."

With regard to fresh evidence the judge earlier stated:

".... in section 14 (2) of the Administration of Justice Act 1960 in the phrase 'no such application shall again be made ... on the same grounds

unless fresh

evidence is adduced in support of the application;' the words 'fresh evidence' are used in that meaning which is well known and established in such contexts, namely, not merely evidence additional to or different from the evidence before the court on the first occasion, but evidence which the applicant could not have put forward on the first application, or which he could not then reasonably be expected to have put forward".

In considering the terms of section 14 (2) of the 1960

Act, it is important to appreciate that it does no more than

allow successive applications if its requirements are

fulfilled.

It does not exclude the jurisdiction of the court

to exercise its inherent control over its own procedures so

as, in particular, to prevent those procedures being used in a

manner which amounts to abuse of process or in a manner which

is vexatious. As in the case of other proceedings. the court

retains its right, in appropriate cases, to strike out the

proceedings.

So far as abuse of process is concerned, that is a term

which can be used to refer to different features of the

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