Poon v Police - [2000] 2 NZLR 86

International law — Extradition — Request for surrender of fugitive offender by Hong Kong Special Administrative Region — Whether request for extradition within Act — Extradition Act 1999, s 2, 11 and 18.

Criminal practice and procedure — Extradition — Request by Minister of Justice to Court for arrest of fugitive offender — Minister's request made before request for surrender by foreign country transmitted to Minister by Ministry of Foreign Affairs and Trade — Whether Minister's request invalid — Extradition Act 1999, s 18 and 19.

Criminal practice and procedure — Extradition — Treaty with foreign country requiring request for arrest of fugitive offender within 60 days of provisional arrest — Request by Minister of Justice to Court for arrest of fugitive offender outside 60 days — Whether time limit referring to request by foreign country or Minister of Justice — Court not fixing time for request by Minister of Justice — Whether breach of right to habeas corpus — New Zealand Bill of Rights Act 1990, s 23(1).

Criminal practice and procedure — Extradition — Natural justice — Invalid request by Minister of Justice for surrender of fugitive offender — Further request by Minister — Whether Minister required to give offender opportunity to be heard before second request — Extradition Act 1999 — New Zealand Bill of Rights Act 1990, s 22 and 27(1).