TNAG-2654-FCO40-3847-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1992 — Page 164

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MR. THOMAS: My Lord, I am most grateful to Mr. O'Connor, who says

that Order 53 rule 14 says that in civil cases the ambit of appeal is to the Court of Appeal in an application for judicial review. Where it is a criminal cause or matter an appeal lies from the Divisional Court directly to the House of Lords and it is only with leave and a certificate of point of law of general public importance.

I do not in any way wish to put difficulties before your Lordship and I know your Lordship is anxious that the matter should be disposed of, and of course Mr. Osman is the person who is most suffering from the prolonged period of imprisonment he has had. If we brought the matter before your Lordship on Monday?

LORD JUSTICE WOOLF: Unfortunately the constitution of this court

has to separate because my Lord is sitting in Cardiff from Monday. That is one of the reasons why there is an urgency in getting the matter disposed of and why we have exerted ourselves to get the judgment, which we have given, ready for today.

MR. THOMAS: We are grateful for the expedition which your Lordship has shown us in bringing the appeal forward.

LORD JUSTICE WOOLF:

with on paper.

The question of certification can be dealt If you would be prepared to indicate the points that you seek to have certified and the arguments in favour on paper we will give you our response to that.

MR. THOMAS: We will do that.

LORD JUSTICE WOOLF:

seven days.

Can we ask you to do that within a period of

MR. THOMAS: Yes, my Lord.

LORD JUSTICE WOOLF:

When I said that I wanted you to deal with it now, I do accept that the question of certifying a point takes more time.

Are there any further applications?

MR. THOMAS: So far as the habeas corpus application is concerned,

there is no need for your Lordships to certify a point, but again a similar sort of point may arise and we would wish to have the opportunity of formulating it properly.

LORD JUSTICE WOOLF: You can advance any oral arguments you would

wish to in favour of that now, Mr. Thomas.

MR. THOMAS: My Lord, there is no authority on this point. The

question of a duty of disclosure in extradition cases has not previously come before the courts. We were not able to assist you. No counsel were able to assist you on that matter.

My Lord, we would respectfully say that that is a matter of some public importance that will apply in many cases of extradition that come before the court and that there should be

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