Regina v Secretary of State for the Home Department ex parte Launder: QBD 18 Mar 1998

Speciality protection requirement satisfied by undertaking for re-surrender given by Hong Kong Chief Executive, despite excess time on bail. For the purposes of a challenge to extradition under domestic law, an applicant for habeas corpus is to be treated as effectively in custody.


Simon Brown LJ, Mance J


Gazette 18-Mar-1998, [1998] EWHC Admin 214, [1998] 3 WLR 221, [1998] QB 994, [1998] COD 301




Extradition Act 1989 6(4)


England and Wales


See AlsoIn the Matter of Launder In the Matter of Extradition Act 1989 In the Matter of an Application for Bail Admn 21-May-1997
. .
See AlsoRegina v Secretary of State for Home Department ex parte Launder Admn 6-Aug-1996
The exercise of a discretion on extradition is judicially reviewable in the same way as are other decisions. . .
See AlsoRegina v Secretary of State For The Home Department, Ex Parte Launder HL 13-Mar-1997
The question arose as to whether or not the decision of the Secretary of State to extradite the applicant to Hong Kong would have amounted to a breach of the European Convention on Human Rights. Although the Convention was not at that time in force . .

Cited by:

CitedLukaszewski v The District Court In Torun, Poland SC 23-May-2012
Three of the appellants were Polish citizens resisting European Arrest Warrants. A fourth (H), a British citizen, faced extradition to the USA. An order for the extradition of eachhad been made, and acting under advice each filed a notice of appeal . .
Lists of cited by and citing cases may be incomplete.


Updated: 19 May 2022; Ref: scu.87875