DATE: 20061109

DOCKET: C43123

COURT OF APPEAL FOR ONTARIO

RE:

THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA (Extradition Partner/Respondent) v. WAI LEUNG CHAN (Person Sought/Appellant)

BEFORE:

MCMURTRY C.J.O., DOHERTY and MACPHERSON JJ.A.

COUNSEL:

V. Rondinelli

for the person sought/appellant

Nick Devlin

for the extradition partner/respondent

HEARD & ENDORSED:

November 8, 2006

On appeal from the order of committal entered by Justice Molloy of the Superior Court of Justice dated February 25, 2005.

A P P E A L B O O K E N D O R S E M E N T

[1] The abuse of process claim hinged on whether, as alleged by the appellant, he had an agreement with the Hong Kong authorities that he would not be pursued or prosecuted if he left Hong Kong after being released on bail.

[2] The agreement was fully and carefully considered by the extradition judge. She found that the appellant had failed to establish the agreement alleged. We do not agree with the submission that she limited her consideration to the existence of a formal, fully documented agreement as opposed to a mutual understanding, tacit or otherwise. The extradition judge found that whatever the appellant may have come to believe over the years, the Hong Kong authorities never agreed that the appellant would not be prosecuted if he left the country.

[3] The extradition judge’s finding of fact is fully warranted on the evidence. The appeal must be dismissed.