the
opportunity
to be present in Malaysia and the U.S. when
evidence is collected and, as a result, I am advised and verily
believe that Article 10 of the Bill will be violated.
46. Leading Counsel for the Hong Kong Government has admitted
that the evidence collecting exercise in Malaysia will be "a
trial in itself." ("LEO 1", page 29). As a result, I am advised
and verily believe that Article 11 (d), which requires a criminal
trial to take place in the defendant's presence, will also be
breached.
47. Further, I am advised and verily believe that Article 11 (2)
(b) requires that a defendant be given "adequate
...
facilities
for the preparation of his defence and to communicate with
counsel of his own choosing". The Human Rights Committee of the
UN has stated that "facilities" in this Article must include
access to documents and other evidence which the accused requires
to prepare his case, as well as the opportunity to engage and
communicate with counsel (General Comment No. 13, para. 9). I am
advised and verily believe that my lack of access to BBMB's
documents as well as my being denied the opportunity
present in Malaysia and in the U.S. when crucial evidence of a
complicated nature is collected will amount to a
to be
violation
of
Article 11 (2) (b) of the Bill.
48. I am advised and verily believe that, coupled with
Article
11 (2)(b), Article 11 (2) (e) requires that an accused be able "to
examined, the witnesses against him and to
examine,
or have
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