(b) by reason of the passage of time since he is
alleged to have committed it
it would, having regard to all the circumstances, be unjust or oppressive to return him."
4.
I make this application under the inherent jurisdiction
of
this Honourable Court to review the lawfulness of my detention
and under section 11 (3) (b) of the EA. There is now produced and
shown to me marked "LEO 1" a paginated bundle of documents to
which I shall hereinafter refer.
written
which
5. On 6th June 1991, Hong Kong was for the first time given a
Bill of Rights ("the Bill"). The Bill was set out in
the Hong Kong Bill of Rights Ordinance ("the Ordinance")
came into force on 8th June 1991. I am advised and verily
believe that the standard of fairness now prevailing particularly
in criminal proceedings in Hong Kong is defined by the terms of
the Bill. This standard is higher than that which hitherto
internationally-recognised
existed under the common law where
principles such as trial without undue delay in the ICCPR sense
and "equality of arms" had been absent. I understand that expert
evidence will be forthcoming to deal with these matters.
6. Since the Bill came into force on 8th June, 1991, I am
further advised and verily believe that this Honourable Court, in
deciding whether, by reason of "the passage of time", it would in
all the circumstances be "unjust or oppressive" to return me to
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