The Government of Singapore sought Mr Tarling’s extradition inter alia on two charges of conspiring in Hong Kong to steal shares in a Hong Kong company, the property of a Singapore Company.
Held: a conspiracy in Hong Kong to steal shares in a Hong Kong company, the property of a English company, would not be triable in England. The charges were not supported. Conduct which constitutes an extradition crime does not consist of acts which actually were committed in England or within English jurisdiction, but rather conduct which would constitute a crime under English law if the acts in question were so committed. The test, therefore, is a hypothetical one, which calls for some degree of transposition: ‘In considering the jurisdiction aspect it is necessary to suppose that England is substituted for Singapore as regards all the circumstances of the case connected with the latter country, and to examine the question whether upon that hypothesis and upon the evidence adduced the English courts would have jurisdiction to try the offences charged.’
Judges:
Lord Keith of Kinkel, Lord Wilberforce
Citations:
[1978] 70 Cr App R 77 HL
Cited by:
Distinguished – Regina v Governor of Pentonville Prison, Ex Parte Osman QBD 30-Mar-1988
The applicant had been committed to prison pending extradition proceedings brought by Hong Kong alleging substantial fraud. He challenged the committal on the grounds that since the allegations involved transmission of funds over international . .
Appealed to – Regina v Governor of Pentonville Prison ex parte Tarling QBD 1978
An Applicant is entitled to seek habeas corpus on more than one occasion, but he is not permitted to rely upon the same grounds unless he can rely upon fresh evidence. That evidence must not just be additional evidence obtained after the previous . .
Appeal from – Scott v Metropolitan Police Commissioner; Regina v Scott HL 20-Nov-1974
The defendant had been accused of conspiracy to produce pirate copies of films obtained by purchasing copies from cinema owners without the knowledge or consent of the copyright owners.
Held: To establish a conspiracy to defraud, it was not . .
Cited – Adams v The Queen PC 4-Nov-1994
(New Zealand) The defendant had been a managing director of Equitcorp. With other directors he was concerned with the company’s investments, and established a series of other companies and banks to hide fraudulent transactions. Equitcorp became . .
Cited – Kadre v Government of France and Another Admn 29-Jul-2005
The applicant sought habeas corpus to prevent his extradition to France.
Held: The English court was not to be concerned with facts underlying an extradition request. The laws of France were framed differently, but the facts alleged would . .
Lists of cited by and citing cases may be incomplete.
Extradition
Updated: 12 May 2022; Ref: scu.182204