Flickinger V Crown Colony Of Hong Kong
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Flickinger V Crown Colony Of Hong Kong
''Flickinger v Crown Colony of Hong Kong'' was the first Bill of Rights case to reach the Court of Appeal. It concerned whether detained persons should be granted the right to appeal unsuccessful applications for ''Habeas corpus'' and how statutes should be interpreted in light of the Bill of Rights Act 1990 Background Robert Lee Flickinger was an American fraudster on the run from Hong Kong authorities after being charged with 37 counts related to commercial fraud. Flickinger had been imprisoned in Mount Eden Prison to await rendition to Hong Kong to stand trial following an eight-week hearing in the District Court. Flickinger subsequently sought an order under the Fugitive Offenders Act 1881 (UK) that the court discharge him and also a writ of ''Habeas corpus'' in the High Court. The High Court declined these applications in October 1990. Flickinger appealed the High Court's decision to the Court of Appeal. The legal problem facing the Court of Appeal was as President Cook ...
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Court Of Appeal Of New Zealand
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington. The Court and its work The President and nine other permanent appellate judges constitute the full-time working membership of the Court of Appeal. The court sits in panels of five judges and three judges, depending on the nature and wider significance of the particular case. A considerable number of three-judge cases are heard by Divisional Courts consisting of one permanent Court of Appeal judge and two High Court judges seconde ...
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Robin Cooke, Baron Cooke Of Thorndon
Robin Brunskill Cooke, Baron Cooke of Thorndon (9 May 1926 – 30 August 2006) was a New Zealand judge and later a British Law Lord and member of the Judicial Committee of the Privy Council. He is widely considered one of New Zealand's most influential jurists, and is the only New Zealand judge to have sat in the House of Lords. He was a Non-Permanent Judge of the Court of Final Appeal of Hong Kong from 1997 to 2006. Early life and education The son of the Supreme Court judge, Justice Philip Brunskill Cooke and his wife, Valmai, Lord Cooke was born in Wellington and attended Wanganui Collegiate School. He graduated with an LL.M. from Victoria University College, and subsequently studied at Clare College, Cambridge as a Research Fellow. While on a travelling scholarship, Lord Cooke was awarded an MA in 1954 from Gonville and Caius College, Cambridge and subsequently a PhD in 1955. In 1952, he married Annette Miller, with whom he had three sons. One of their sons, Franc ...
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Ivor Richardson
Sir Ivor Lloyd Morgan Richardson (24 May 1930 – 29 December 2014) was an eminent New Zealand and Commonwealth jurist and legal writer and a member of the Judicial Committee of the Privy Council. Education He was a student at Timaru Boys' High School, Timaru, New Zealand. He graduated from Canterbury University College (now the University of Canterbury), Christchurch, in 1949 with an LL.B. degree. He went on to study at the University of Michigan in the United States, from where he graduated with an LL.M. degree and an SJD degree. Career Richardson was a partner in the Invercargill firm of Macalister Brothers from 1957 to 1963. From 1963 to 1966, he was Crown Counsel in the Crown Law Office in Wellington. He then joined the Victoria University of Wellington. He was Professor of Law, between 1967 and 1973, during which period he served as Dean of the Law Faculty from 1968 to 1971. After a period back in public practice in Wellington he was appointed as a judge in the High ...
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Maurice Casey (judge)
Sir Maurice Eugene Casey (28 August 1923 – 19 January 2012) was a New Zealand Court of Appeal judge. Biography Casey was born in Christchurch in 1923. His parents were Eugene and Beatrice Casey. He received his education at St Patrick's College in Wellington, and at Victoria University College (1940–1946) from where he graduated LLM (Hons). Casey was admitted to the bar in 1946 and practised in Lower Hutt, Blenheim, and from 1950 in Auckland. He was appointed as a judge in 1974 at the Supreme Court, which became the High Court in 1980. He became a household name in New Zealand when his injunction prevented the planned All Blacks tour to South Africa in 1985. Instead, an unofficial tour by a team known as the New Zealand Cavaliers took place in 1986. In March 1986, Casey was appointed to the Court of Appeal, and the same year he was appointed privy counsellor. He retired from the Court of Appeal in August 1995. After his retirement, he sat on appellate courts of various Pac ...
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Gordon Bisson
Sir Gordon Ellis Bisson (23 November 1918 – 14 November 2010) was a New Zealand Court of Appeal judge and a member of the Privy Council of the United Kingdom. Early life and education Bisson was born to Clarence Henry Bisson and Ada Bisson (née Ellis) in 1918 in Napier, New Zealand, Napier. Educated at Napier Boys' High School, he graduated from Victoria University of Wellington, Victoria University College with a Bachelor of Laws in 1941. Bisson served with the RNZNVR during World War II from 1940 to 1945 aboard in the Pacific, at Invasion of Normandy, Normandy and the Second Front, and was Mentioned in Despatches.Walters, Sidney, David. ''The Royal New Zealand Navy''. Historical Publications Branch, 1956. pp. 520–521. He then served aboard at sea on the Staff of Admiral Walker Commanding the 3rd Battle Squadron (United Kingdom), Third Battle Squadron in the Far East and was promoted to Lieutenant Commander. He was later married in 1948 to Myra Patricia Kemp. The couple ...
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High Court Of New Zealand
The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zealand. There are 18 High Court locations throughout New Zealand, plus one stand-alone registry. The High Court was established in 1841. It was originally called the "Supreme Court of New Zealand", but the name was changed in 1980 to make way for the naming of an eventual new Supreme Court of New Zealand. The High Court is a court of first instance for serious criminal cases such as homicide, civil claims exceeding $350,000 and certain other civil cases. In its appellate function, the High Court hears appeals from the District Court, other lower courts and various tribunals. Composition and locations The High Court comprises the Chief Justice (who is head of the judiciary) and up to 55 other Judges (whic ...
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Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a ...
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New Zealand Bill Of Rights Act 1990
The New Zealand Bill of Rights Act 1990 (sometimes known by its acronym, NZBORA or simply BORA) is a statute of the Parliament of New Zealand part of New Zealand's uncodified constitution that sets out the rights and fundamental freedoms of anyone subject to New Zealand law as a bill of rights, and imposes a legal requirement on the Attorney-General to provide a report to parliament whenever a bill is inconsistent with the bill of rights. The High Court of New Zealand in ''Taylor v Attorney-General'' issued an unprecedented declaration that the restriction on prisoners voting rights was a limit on their right to vote in genuine periodic elections, and that it had not been unjustified under NZBORA. On appeal, the Supreme Court later confirmed that senior courts had jurisdiction to make such a declaration, and in 2022 a law was passed to establish procedures to allow and require the New Zealand Government a reporting and response mechanism to inconsistency declarations. History ...
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Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delta in South China. With 7.5 million residents of various nationalities in a territory, Hong Kong is one of the most densely populated places in the world. Hong Kong is also a major global financial centre and one of the most developed cities in the world. Hong Kong was established as a colony of the British Empire after the Qing Empire ceded Hong Kong Island from Xin'an County at the end of the First Opium War in 1841 then again in 1842.. The colony expanded to the Kowloon Peninsula in 1860 after the Second Opium War and was further extended when Britain obtained a 99-year lease of the New Territories in 1898... British Hong Kong was occupied by Imperial Japan from 1941 to 1945 during World War II; British administration resume ...
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Fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements. Internal fraud, also known as "insider fraud", is fraud committed or attempted by someone within an organisation such as an employee. A hoax is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a vi ...
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Mount Eden Prisons
Mount Eden Prisons consists of two separate facilities in the Auckland, New Zealand suburb of Mount Eden — the Mount Eden Prison and the Mount Eden Corrections Facility. History The original Mount Eden prison was a military stockade built in 1856. It became Auckland's main prison when the old city jail on the corner of Queen and Victoria Streets was demolished in 1865. The stone wall and the foundations were completed in 1872, the building proper was commenced in 1882 and finished in 1917. Intended to house 220 prisoners, it was designed by Pierre Finch Martineau Burrows and resembles Dartmoor Prison in England. Its design consisted of wings radiating from the centre like the spokes of a wheel. This allowed for control from the centre and "a new mode of obtaining power of mind over mind", an application of the panopticon prison design theories of Jeremy Bentham. Early prisoners were used as labourers to quarry stone for use in road construction around Auckland, including th ...
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District Courts Of New Zealand
A district is a type of administrative division that, in some countries, is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or counties, several municipalities, subdivisions of municipalities, school district, or political district. By country/region Afghanistan In Afghanistan, a district (Persian ps, ولسوالۍ ) is a subdivision of a province. There are almost 400 districts in the country. Australia Electoral districts are used in state elections. Districts were also used in several states as cadastral units for land titles. Some were used as squatting districts. New South Wales had several different types of districts used in the 21st century. Austria In Austria, the word is used with different meanings in three different contexts: * Some of the tasks of the administrative branch of the national and regional governments are fulfilled by the 95 district administrative offices (). The area a dist ...
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