Federal Court of Australia
CATCHWORDS
ADMINISTRATIVE LAW - Judicial Review - Criminal proceedings - Applicant extradited to Australia from Hong Kong - Charges as framed by committing magistrate differ as to conspirators from charges framed by extraditing magistrate in Hong Kong - Whether the applicant may lawfully be detained and tried upon charges as framed at committal proceedings - Validity and effect of consent to charges subsequently given by Hong Kong Governor.
The Queen v Nicholl; ex parte Boog (1973) 21 FLR 469; Commonwealth of Australia w Riley (Full Court, 11 December 1984); In Re Nielsen £1984] 2 WLR 737 referred to; Extradition (Commonwealth Countries Act 1966 s.22; Discretion of Court to examine whether theré was @ prima facie case against the applicant; Lamb vi Moss (1983) 49 ALR 533; Seymour v Attorney-General (Full Court, 7 November 1984) applied.
- YAU LEUNG WONG (PETER WONG) V ROBERT HENRY EVANS AND DIRECTOR
OF PUBLIC PROSECUTIONS G.355 OF 1984
YAU LEUNG WONG (PETER WONG) V ROBERT HENRY EVANS, BRUCE WALLACE JOHNSTON AND DIRECTOR OF PUBLIC PROSECUTIONS G.338 OF WILCOX J 12 FEBRUARY 1985 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
| NEW SOUTH WALES DISTRICT REGISTRY ) No. 338 of 1984
{
| BETWEEN: YAU LEUNG WONG (PETER
: <WONG) : Applicant
AND: ROBERT HENRY EVANS
First Respondent
:
BRUCE WALLACE JOHNSTON Second Respondent
AND: DIRECTOR OF PUBLIC PROSECUTIONS
Third Respondent
REASONS FOR JUDGMENT
CORAM: WILCOX J
DATE: 12 FEBRUARY 1985 PLACE: SYDNEY
THE COURTS ORDERS THAT:
L. The Application be dismissed.
2. The applicant pay the costs of the respondents of the Application.
3. The exhibits may be returned at the expiration of 21
days unless a Notice of Appeal is filed in the meantime.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT RECISTRY No. G.355 of 1984
GENERAL DIVISION
BETWEEN s YAU LEUNG WONG (PETER
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