Chen v The Government of Romania, Court of Appeal - Administrative Court, June 23, 2006, [2006] EWHC 1752 (Admin)

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Chen v The Government of Romania, Court of Appeal - Administrative Court, June 23, 2006, [2006] EWHC 1752 (Admin)

SMITH BERNAL WORDWAVE

CO/1202/2006

Neutral Citation Number: [2006] EWHC 1752 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

DIVISIONAL COURT

Royal Courts of Justice

Strand

London WC2

Date: Friday, 23rd June 2006

B E F O R E:

LORD JUSTICE MAURICE KAY

MR JUSTICE MITTING

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DA AN CHEN

(CLAIMANT)

-v-

THE GOVERNMENT OF ROMANIA

(DEFENDANT)

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Computer-Aided Transcript of the Stenograph Notes of

Smith Bernal Wordwave Limited

190 Fleet Street London EC4A 2AG

Tel No: 020 7404 1400 Fax No: 020 7831 8838

(Official Shorthand Writers to the Court)

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MR EDWARD FITZGERALD QC & MS RACHEL SPEARING (instructed by Messrs Blavo & Co) appeared on behalf of the CLAIMANT

MR JOHN HARDY QC & MS CLAIR DOBBIN (instructed by the Home Office Extradition Section) appeared on behalf of the DEFENDANT

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J U D G M E N T

1. MR JUSTICE MITTING: On 6th April 1995, the appellant, a native of Guangdong, China, was convicted in his absence of the murder of Yu Xing Yu and the wounding of Zhai Jing Sheng on the night of 25th and 26th January 1992 in Bucharest by the Bucharest District Court. He was sentenced to 20 years' imprisonment and ordered to be deported on his release. His conviction and sentence became final (there being no appeal against either) on 6th September 1995.

2. A warrant for his arrest had been issued on 30th January 1992 but never executed. Precisely when and in what circumstances the appellant came to be in and to leave Romania are obscure. He says in his dra...

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