extradition proceedings. While these are both matters to
which the Home Secretary was entitled to have regard, he
was not bound to give effect to them. He could form his
own judgment as to what would be the consequence to Mr.
Osman of his being returned to Hong Kong and he is not
required to hold his hand pending the outcome of the
application to the European Commission.
In dealing with the issues relied upon by Mr. Osman, I have
not forgotten that s. 12(2) of the 1989 Act expressly requires
the Home Secretary to have regard to all the circumstances and
not to make an order for return if he comes to the conclusion
that it would be unjust or oppressive to order a person's return
by reason of the trivial nature of the offences in respect of
which his return is sought or the passage of time since he is
alleged to have committed the offences or because the accusation
is not made in good faith in the interests of justice. However,
s. 12(2) also makes it clear that it is what "appears" to be the
position to the Home Secretary which is important and therefore
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