States — Sovereignty — Transfer of sovereignty — Sino-British Joint Declaration on the Question of Hong Kong, 1984 (“Joint Declaration”) — Reversion of sovereignty of Hong Kong to People’s Republic of China (“PRC”) on 1 July 1997 — Legal consequences of transfer of sovereignty — Extradition request — British Colony of Hong Kong requesting extradition of applicant from United Kingdom — Trial and sentence of applicant after transfer of sovereignty — “China point” — Effect of treaty — Basic Law of the Hong Kong Special Administrative Region of the PRC (“Basic Law”) implementing treaty obligations owed by the PRC to the United Kingdom under the Joint Declaration — Whether rule of law and legal safeguards existing in requesting State likely to survive handover — Whether successor State likely to comply with treaty obligations

Extradition — British Colony of Hong Kong requesting extradition of applicant from United Kingdom — Imminent return of Hong Kong to PRC — Section 12(1) and (2) of Extradition Act 1989 conferring discretion on Secretary of State not to sign surrender warrant — Whether unjust, oppressive or wrong to return applicant to Hong Kong — Secretary of State ordering return of applicant to Hong Kong — Whether Secretary of State applying correct test — Delicacy of diplomatic relations — Whether decision of Executive justiciable — Whether errors of law in reaching decision — Whether collective cabinet or individual decision — Whether Secretary of State directing himself properly as to his Section 12 responsibilities — Whether assumption that the PRC would honour treaty obligations correct — Whether specialty protection contained in Section 6(4) effective after 1 July 1997 — Assessing risks of unfair trial and inhumane punishment in the individual case of the applicant — Relevance of evidence of realities of situation — Role of court in assessing decision of Secretary of State — Whether Secretary of State acting with procedural fairness — Whether decision irrational

Human rights — Freedom of movement — European Union law — Whether applicant’s arrest in United Kingdom contravening Article 48 of Treaty of Rome, 1957 — Whether extradition public policy exception — Whether necessary to examine scope of public policy exception — Whether relevant provisions of Treaty of Rome applicable in extradition cases — Right to fair trial and humane punishment — Risk of interference with applicant’s fundamental human rights — Necessity for court to scrutinize Secretary of State’s decision to return applicant to Hong Kong — European Convention on Human Rights, 1950 — Whether Secretary of State’s decision to return applicant breaching various articles of Convention — Whether Secretary of State overlooking human rights issues in his assessment of applicant’s case — Whether Secretary of State’s decision irrational

Relationship of international law and municipal law — Treaties — European Union law — Articles 48, 52 and 59 of the Treaty of Rome, 1957 — Provisions having direct effect — Applicant applying for enforcement of provisions in English courts pursuant to Section 2 of European Communities Act 1972 — Applicant alleging breaches of European Convention on Human Rights, 1950 — Whether United Kingdom courts to adjudicate on alleged breach of Convention — The law of England