TNAG-2654-FCO40-3847-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1992 — Page 108

jurisdiction of the High Court apart from this section" and s.

11(1) requires the court to inform the person committed of "his

right to make an application for habeas corpus". This must be

taken as being a reference to both the common law and the

statutory grounds on which an application can be made. What is

important is that we are here concerned with habeas corpus and

Parliament can be assumed to have referred to habeas corpus

because it attached great importance to the protection s. 11 gave

to a person threatened with extradition.

In the absence of authority, although the applicant's right

to apply for habeas corpus should not be cut down without clear

language, I would have regarded it as being reasonably clear that

the grounds set out in s. 11(3) are only available up until the

order for return. This is in accord with the structure of the

Act which sets out a succession of stages for extradition

proceedings, the two relevant stages being quite distinct. The

first of those stages comes to an end with the committal order

and the second comes to an end with the order for return. It is

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