23.
case, at the lowest a prima facie one, that the documents are
relevant to his defence at an eventual trial in Hong Kong. The
Hong Kong Government, though in a position to rebut such a prima
facie case, has declined to do so. In these circumstances it would
be proper for you to take into account Mr. Osman's case concerning
the missing documents and the consequential prejudice and
unfairness that he will face at the eventual trial when you decide
whether or not to issue a warrant for the return of Mr. Osman to
Hong Kong.
Mr. Osman described the effect of the missing documents in paragraph 26
of his said affirmation in these terms:
-
to
"So much time has passed that I cannot be expected to
to recall
decisions made, and transactions entered into, without access
the full documentation disclosed to the Crown under the 1986
Order.
The fact that relevant documents are missing prejudices the
exercise of my full right to defend myself. It must be emphasised
that it was the Hong Kong Government's own lawyer who stated that
it was 'essential and crucial in the interest of justice' that
there be inspection of documents in the categories set out in the
1986 Order."
24. Accordingly, we respectfully submit that you should not issue a warrant
ordering the return of Mr. Osman to Hong Kong.
Dated this
22-
- day of
Gonum
1991
LIT/ID: 1446