TNAG-2390-FCO40-3472-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 47

A

B

C

D

application for habeas corpus.

Section 11 (2) places a restriction on the return of such

a person.

It provides:

"A person committed shall not be returned

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

(b) if an application for habeas corpus is made in his case, so long as proceedings on that application are pending.

"

Under section 11 (5) the proceedings are treated as

pending until there is no further possibility of appeal.

Section 11(3) contains the circumstances in which the High

Court can order, on an application for habeas corpus, the

discharge of an applicant. So far as relevant it provides:

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 --

"

E

(a) by reason of the trivial nature of the offence;

or

F

G

H

(b) by reason of the passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case may be; or

(c) 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."

The present application

--

that is habeas corpus 6

is

Although it had been

made solely under section 11 (3) (b).

indicated previously that the applicant was intending to rely

on the inherent jurisdiction of the court, no submissions

based on an inherent jurisdiction of the court were made at

6