TNAG-2654-FCO40-3847-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1992 — Page 112

the most exceptional circumstances that the court would

consider ordering the discharge of an applicant after the

Secretary of State has issued his warrant. It is, however,

possible in entirely exceptional circumstances in which the

court, on

material would be compelled to order the

discharge of the applicant under

S.

8(3) of the Act

notwithstanding the fact that the Secretary of State had

previously issued his warrant under S. 9, and in our

opinion the Act gives this court power to do so."

As Miss Montgomery argues, this passage in the judgment was

clearly obiter. However, the matter had been fully argued (see

p.1422F-G) and the dicta were included in a reserved judgment.

In these circumstances because, as Mr. Thomas pointed out, what

was

said about there being circumstances when it might be

necessary for the court to intervene is are as true now as it was

when the court gave its judgment under the previous legislation,

I do not feel it right to differ from the view taken by this

court in Tarling. I would, however, repeat and re-emphasise what

34