22-APR-1991 17:04
CONSTITUTIONAL AFFAIRS BR
852 840 1976
P.04
The basis of this
loss
application was supstantial delay causing prejudice This involved questions relating to uelay, of witnesses, ill health on the part of Deacon Chiu anu submission relating to the legality of acts done""py" the Independant Commission Against Corruption,
Mr. Line refused the Chiu's application. for permanent stay on: 17th October 1990 and he gave nis reasons, On 5th November 1990. Mr. Line remanded both Chius on bail until 21st January 1991. The latter date was vacated by consent and bail extended until 27th Maren 1991.
3
On 7th December 1990.David Chiu was given leave by Barnett) Ji to apply for Judicial Review of Mr. Line's decision not to grant the permanent stay. On the same day,
acon Chiu was given like: leave by Saied, J. Both applications for Judicial Review were listed to commence before me on 14th March 1991. Because leave to apply for writs of Habeas Corpus hae been granted and because the point therein canvassed went to the very validity of Mr. Line's appointuent i agreed to hear those applications first because if there was substance in that point it would, in effect, be dispositive of the Judicial Review proceedings. Mr. Martin LEE, Q.C. for the Attorney General requestea a, short adjournment to prepare to deal with this. new point which had only just been taken. I therefore commenced hearing the argument relating to Mr. Line's appointment on 18th March.
The returns to the two writs were read out in open court on 14tn Maren. In the case, of Deacon Chiu, Mr. Line
stateu
་
.. in obedience to the writ herewith ao certify and return that Chiu Te Ken. Deacon is detained under and by virtue of my order made in my letter dated 21st December 1990."
Dr. Hans Tany,
Deacon Chiu's surety, returned that
custody by virtue of Mr. Line's order in his letter dated 21st December 1990.
Deacon Chiu was detained in his
In David Chiu' a
returned in similar terms
the following terms;
in
case his surety, LAU Chi-ping
to Dr... Tang. Mr. Line returned
He is
"CHIU Tat-cheong, David, has his liberty co attend this Honourable Court. present He remains on bail to appear at Eastern Magistracy by my order.
That Order is lawful by reason of;
FO ́d ØLS0 698 298
SI:21
22-00-1661