dates have been fixed to collect the Malaysian evidence, the best
estimate at this time is that it will take at least 4 to 5 months
to complete the evidence gathering exercise.
38.
without
in
even
the
I am advised and verily believe that, as a result of the
above, the evidence gathering exercise, both in Malaysia and
the U.S., cannot start before September 1992. Accordingly,
considering the date of Saniman's return, and given
length of time required to collect evidence in Malaysia and
U.S.A. as well as to conduct any committal or other interlocutory
proceedings, the BMFL trial is not expected to take place until
at least 1994.
the
39. I am advised and verily believe that this would amount to a
violation of Article 11 (2) (c) of the Bill. Further, I have
applied to be released on bail on three previous occasions, and
the Hong Kong government has opposed each application with the
result that I have already spent 5 years and 7 months in custody.
Such pre-trial
incarceration is expected to continue SO that,
even if I were returned to Hong Kong, I would merely be
"warehoused" pending the completion of the Saniman extradition
(during which time the West LB proceedings against Tan is
expected to proceed) and pending the collection of evidence
Malaysia and the U.S. I am advised and verily believe that in
such circumstances, there would also be a violation of Article 5
of the Bill.
from
17