-20-
"confidentiality". Having finally obtained the 1990 Order, I now find that 64%
of the documents are now missing.
these documents:
50. The charges against me are serious. The case is complex. It involved
numerous transactions and thousands of documents spanning a period of over 4
years. The Crown's case is built upon
they have linked them
together to form the basis of the allegations I have to face. My ability to
answer the allegations similarly rests upon documents, but not necessarily the
ones which the Crown have, in the exercise of its own discretion, selected on
my behalf. That discretion has been unsatisfactorily exercised. It cannot be a
substitute for the right which I and my lawyers must enjoy, to decide for
ourselves what is or is not relevant to my defence. I can not be expected to
recall up to 13 years after the events, the details as to the reasons for
decisions, who participated, who advised and who consented, without access to
the papers. My ability to inspect those documents, gained after a
dispute with BBMB, and now
now embodied in the 1990 Order, has been rendered
futile by the disappearance of so large and so important a slice of the
documents revealed to the Crown. I can not properly be expected to defend any
criminal proceedings in Hong Kong and for these, as well as the other reasons
to which I have adverted in earlier Affirmations, it would be unjust and
oppressive to return me to Hong Kong for that purpose.
hard-won
AFFIRMED by the said LORRAIN
ESME OSMAN at II.M. Prison, Brixton,
29th
this day of October 1990.
L
Before me,
A-Solicitor
هه
کیا ؟