Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ha v Commissioner of the Australian Federal Police [2002] FCA 1382 EXTRADITION – Doctrine of specialty – agreement between Australia and Hong Kong –applicant surrendered to Australia - whether applicant entitled to invoke doctrine of specialty in response to request by respondent for DNA sample – possible breach of specialty undertaking – requirements of Crimes Act 1914 (Cth) regarding provision of information to person whose DNA is sought – whether requirements met
Crimes Act 1914 (Cth) Div 6A Pt 1D, ss 23WA, 23XWJ(1) & (3) Customs Act 1901 (Cth) s 233B(1)(d) Extradition Act 1988 (Cth) s 42 Extradition (Hong Kong) Regulations 1997 (Cth) art 18 Federal Court of Australia Act 1976 (Cth) ss 19 and 21 R v Ken Ha Khanh Phong (unreported, Supreme Court of Victoria – Court of Appeal, 29 January 2001) referred to R v Hong Phuc Truong [2002] VSCA 27 at par [2] cited Barton v The Commonwealth (1974) 131 CLR 477 at 500 referred to Foster v Minister for Customs and Justice (1999) 164 ALR 357 at 367 referred to Zoeller v Federal Republic of Germany (1988) 19 FCR 64 referred to United States v Rauscher 119 US 407 (1886) referred to Ahmad v Wigen 726 F Supp 389 (EDNY) referred to Re Arton (No 1) [1896] 1 QB 108 referred to Re Arton (No 2) [1896] 1 QB 509 referred to Fiocconi v Attorney-General of the United States 462 F.2d 475 (1972) referred to Winkler v DPP (1990) 25 FCR 79 at 90 referred to Papazoglou v Republic of the Philippines (1997) 74 FCR 108 referred to Federal Republic of Germany v Parker (1998) 101 A Crim R 234 at 238 referred to United States v Saccoccia 58 F.3d 754 (1995) discussed Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 referred to
E P Aughterson, Extradition Australian Law and Procedure (LBC, 1995) at 83–84 A Jones, Jones On Extradition and Mutual Assistance (London, Sweet & Maxwell, 2001) at pars [2-048], [2-058]–[2-078] KEN HA v COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE V430 OF 2002 WEINBERG J 8 NOVEMBER 2002 MELBOURNE
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