Huang Yuan Yuan Ian v Superintendent Of Lai Chi Kok Reception Centre And Another

CourtCourt of Final Appeal (Hong Kong)
Judgment Date15 Dec 2006
Citation(2006) 9 HKCFAR 860
Judgement NumberFAMC53/2006
SubjectMiscellaneous Proceedings (Criminal)
FAMC000053/2006 HUANG YUAN YUAN IAN v. SUPERINTENDENT OF LAI CHI KOK RECEPTION CENTRE AND ANOTHER

FAMC No. 53 of 2006

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 53 OF 2006 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 74 OF 2006)

_____________________

Between:

  HUANG YUAN YUAN IAN Applicant
  - and -  
  SUPERINTENDENT OF LAI CHI KOK RECEPTION CENTRE 1st Respondent
  THE GOVERNMENT OF SINGAPORE 2nd Respondent

_____________________

Appeal Committee: Chief Justice Li, Mr Justice Bokhary PJ and Mr Justice Chan PJ

Date of Hearing: 15 December 2006

Date of Determination: 15 December 2006

______________________

D E T E R M I N A T I O N

______________________

Chief Justice Li:

1. The Government of Singapore seeks the extradition of the applicant to face 16 criminal charges involving the use of forged documents and theft. On 26 July 2005 after a contested hearing, the Magistrate (Mr Eddie Yip) committed him into custody to await the Chief Executive’s decision whether or not to surrender him to Singapore.

2. The applicant applied for a writ of habeas corpus. On 11 January 2006, that application was dismissed by the Court of First Instance (Hartmann J). On 5 October 2006, the Court of Appeal dismissed his appeal and subsequently, dismissed his application for a certificate that points of law of great and general importance are involved.

3. Any supporting document which is duly authenticated is admissible in evidence in extradition proceedings without any further proof. Section 23(1) of the Fugitive Offenders Ordinance, Cap. 503 (“the Ordinance). In so far as relevant to the present case, the requirements for authentication are: (1) The document must purport to be signed or certified by a judge of Singapore and (2) The document must be sealed with the official or public seal of a competent authority of Singapore. See s. 23(2) of the Ordinance and Article 9 of the Agreement between the Government of the Hong Kong Special Administrative Region of the People’s Republic of China and the Government of the Republic of Singapore for the Surrender of Fugitive Offenders contained in the Fugitive Offenders (Singapore) Order, Cap. 503 Q.

4. The supporting documents in the present case included an affidavit of Mr Mohd Shahri bin Kamsin, an Assistant Superintendent of the Singapore Police...

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