TNAG-2390-FCO40-3472-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 46

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proceedings. Helpful guidance is provided by the note in the

Supreme Court Practice for 1991 paragraph 18/19/17 where it is

said:

"Para. (1)(d) confers upon the Court in express terms powers which the court has hitherto exercised under its inherent jurisdiction where there appeared to be 'an abuse of the process of the Court.' This term connotes that the process of the Court must be used bona fide and properly and must not be abused. The Court will prevent the improper use of its machinery, and will, in a proper case, summarily prevent its machinery from being used as a means of vexation and oppression in the process of litigation."

The ability to abuse the process of the court in

relation to extradition proceedings arises because of the

statutory scheme under which that process operates which is

now contained in the Extradition Act of 1989. The provisions

of that Act were not in force at the time of the earlier

applications made by the present applicant but for present

purposes this is of no significance.

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Section 12 (1) provides:

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"Where a person is committed under section 9 above" that is for return "and is not discharged by order of the High Court or the High Court of Justiciary, the Secretary of State may by warrant order him to be returned unless his return is prohibited, or prohibited for the time being, by this Act, or the Secretary of State decides under this section to make no such order in his case."

Section 11 contains the statutory right to make an

application for habeas corpus. It requires that where a

person has been committed (as the applicant has been

committed) that the court, that is the magistrates' court,

shall inform him in ordinary language of his right to make an

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