States — Sovereignty — Transfer of sovereignty — Joint Declaration between People’s Republic of China and United Kingdom, 1984 — Hong Kong due to revert to Chinese sovereignty on 1 July 1997 — Hong Kong ceasing to exist as British Colony — Establishment of Hong Kong Special Administrative Region (“HKSAR”) — Article 8 of Basic Law of HKSAR providing for continued operation of laws in force before 1 July 1997
Extradition — Treaties — Agreement for the Surrender of Accused and Convicted Persons between the Government of Australia and the Government of Hong Kong, 1993 (“Surrender Agreement”) — Surrender Agreement providing for continued extradition relationship after resumption of Chinese sovereignty on 1 July 1997 — People’s Republic of China consenting to Surrender Agreement — Absence of bilateral extradition relationship between Australia and Poeple’s Republic of China — Extradition (Hong Kong) Regulations of 29 June 1997 (“1997 Regulations”) giving effect to Surrender Agreement in Australian law
Extradition — Treaties — Extradition Act 1988 (Cth) (“1988 Act”) — Proper construction of provisions — Section 12(1) requirement that application to extradite be made on behalf of an extradition country — Whether magistrate acting with authority conferred by Section 12(1) in issuing warrant for arrest of first respondent — Section 5 defining meaning of “extradition country” — Section 5(b)(ii) — Whether HKSAR a “territory” — Whether People’s Republic of China responsible for international relations of HKSAR — 1997 Regulations — Regulations 4 and 5 — Validity of operation of 1997 Regulations after 1 July 1997 — Whether sufficient identity between the “Hong Kong” identified in the 1997 Regulations and the HKSAR which came into being on 1 July 1997 — Role of courts in construing and applying legislation — Role of Executive — Relevance of statement in certificate issued by Minister for Foreign Affairs of Government of Australia
State succession — Treaties — Transfer of sovereignty over Hong Kong from United Kingdom to People’s Republic of China — Establishment of HKSAR on 1 July 1997 — Classification of HKSAR — Whether “Hong Kong” in Regulation 4 of 1997 Regulations having same relevant identity after 1 July as HKSAR — Section 5(b)(ii) of 1988 Act — Whether HKSAR constituting “territory” within the meaning of Section 5 (b)(ii) — Whether HKSAR integral part of China — Whether People’s Republic of China responsible for international relations of HKSAR — Whether HKSAR an extradition country for purposes of 1988 Act — The law of Australia
