A Hong Kong resident, in custody pending extradition to the United States in relation to the export of military parts and smuggling of goods, lost his bid for immediate release yesterday. In the Court of First Instance, Mr Justice Alan Wright dismissed a plea by Chan Hok-shek that he had been unlawfully detained since his arrest in Hong Kong in August. Barrister Gerard McCoy SC earlier argued that the prosecutors had failed in their duty to make frank and full disclosure in the extradition proceedings during his application for habeas corpus for Chan. He also complained that Magistrate Henry Mierczak, who granted the extradition order on October 14, had not been informed by government counsel about the status of a key witness who had been deported from the US to Malaysia. Wright said in his judgment that US authorities maintained that the witness was willing and able to testify in any proceedings against Chan, and his relocation made no difference. Furthermore, he contended that the US authorities had no duty to keep a court informed of the whereabouts of witnesses, rather their duty was to keep a court informed of any factors, including the availability of witnesses. The court heard that Chan is being sought by US authorities for allegedly violating the Arms Export Control Act. He is wanted for offences concerning the export of military parts and the smuggling of goods believed to be military training equipment or components, including 10 aircraft indicators. Chan is also accused of laundering two sums of money, US$25,000 and US$58,000. US authorities say the offences allegedly took place between 2006 and 2007.
