A lawyer fighting an extradition battle for three men accused of trying to buy missiles for al-Qaeda in exchange for drugs would urge the hearing to consider the 'political aspect' of the case, Eastern Court heard yesterday.
Barrister Jonathan Acton-Bond said the hearing should also consider whether there was sufficient evidence to facilitate the men's extradition to the United States.
'The hearing should be separated into two parts: the first part should be on deciding whether there is sufficient evidence . . . the other part would be to see if there is any political aspect,' the lawyer told the court.
According to Section 5 of the Fugitive Offenders Ordinance, a person should not be surrendered to a prescribed place if the alleged offence was of 'a political character'.
Pakistanis Syed Mustajab Shah, 54, and Muhammed Abid Afridi, and Indian-born US citizen Ilyas Ali, 57, were arrested by Hong Kong police in the Island Shangri-La hotel on September 20 after an FBI sting.
Government lawyer Wayne Walsh confirmed yesterday that Chief Executive Tung Chee-hwa had approved the extradition hearing. But Mr Walsh did not elaborate on how many witnesses would be called and whether they would be from overseas.
Principal magistrate Ian Candy fixed the full hearing for January 6. It is expected to last for five days.