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LORD JUSTICE WOOLF: On 1st June 1987 the Chief Metropolitan
Stipendiary Magistrate made on order under section 7 (5) of the
Fugitive Offenders Act 1967 that Mr. Osman be committed in
custody to await his return to Hong Kong in respect of 42 out of
43 alleged offences in respect of which the Hong Kong Government
are seeking his return so that he can stand trial in Hong Kong.
Since his committal Mr. Osman has made six previous applications
for habeas corpus either under section 8 of the Fugitive
Offenders Act 1967 or (after it came into force) under section
11 of the Extradition Act 1989. This judgment relates to Mr.
Osman's seventh application for habeas corpus and a linked
application for leave to apply for judicial review and if leave
is granted for judicial review.
The same constitution of this court heard the sixth
application.
When dismissing that application both on the
merits and as amounting to an abuse of the process of the court,
the court reserved any further application to itself in the hope
that by maintaining continuity it would be possible to dispose
expeditiously of any further applications. As a result, when
the seventh application was made it was listed before the same
constitution on 31st January, 1992. On that date directions
were given with the object of achieving its expeditious
disposal.
As a result of those directions, when the
application came before this court for hearing on Monday of this
week the members of the court had been able to do a considerable
amount of reading in advance. This, together with sitting
longer hours than normal, enabled the argument to be completed
within the two days available. During the majority of that
period we were addressed by Mr. Thomas Q.C., on behalf of Mr.
Osman. Miss Montgomery, on behalf of the Governor of Brixton
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