TNAG-2654-FCO40-3847-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1992 — Page 110

is to be returned to a foreign state, he may not be returned so

long as those proceedings are pending but there is no similar

requirement in relation to habeas corpus in s. 11. Further, s.

12(1) only prohibits the Secretary of State from making an order

for the person's return while his return is prohibited and unlike

s. 13 does not actually prohibit his return while proceedings are

pending. It is true that S.

11(2) provides that a person

committed shall not be returned "if an application for habeas

corpus is made in his case, SO long as proceedings on that

application are pending", but while a person who is subject to

an order of return is also "a person, who has been 'committed'"

his status has changed as is indicated by

provides:

S.

1

17(4) which

"A warrant for the return of any person shall be sufficient

authority for all persons to whom it is directed and all

constables to receive that person to keep him in custody

and to convey him into the jurisdiction to which he is to

be returned."

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