believe that the events which have taken place during the passage
of time since 6th December 1985 have given to such passage of
time a quality or significance leading to the conclusion that any
proceedings or trial in Hong Kong will amount to prima
violations of the Bill in important
further
facie and irremediable
aspects
such that it would be unjust or oppressive to return me
to Hong Kong.
GUARANTEE TO TRIAL WITHOUT UNDUE DELAY UNDER THE BILL
11.
incarceration
on
During the 5 years and 7 months of my
remand since the said date of arrest, the Hong Kong government
has embarked upon a course of conduct in this case which has led
inexorably to my being denied the guarantee to a trial without
undue delay under the Bill.
following acts or omissions:-
Such course of conduct includes the
(1) The Hong Kong government has, during the lapse of the
said period of time, failed to collect any prosecution evidence
Malaysia, evidence upon which the Hong Kong government has
admitted it must rely to found the prosecution of the BMFL trial;
in
(2)
collected
government
evidence
has
In respect of prosecution evidence which has been
from the United States ("U.S."), the Hong Kong
adopted a defective procedure such that the
collected from the state of New York was ordered to
be
suppressed on 2nd July 1991 by a U.S. District Court with the
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