of the
and the
because
which are the subject matter of the charges against me
trial, which would prejudice my ability to defend myself
recollections of witnesses and my own recollections
particularly in the absence of full disclosure of documents
BBMB, the complainant in this case;
by
(3) the loss by BBMB during the "passage of time" of 3480
document (or 64%) of a universe of documents which had been
selected by BBMB as documents "relevant" to the proceedings,
which had been inspected by a representative of the Crown, but
which were no longer available for my inspection;
and
and
(4) the massive publicity about both the Carrian collapse
my case, thereby rendering impossible a fair and impartial
trial in Hong Kong.
application is
51. I am advised that the basis of my current
distinct both factually and legally, and could not have been
raised in my previous application for the following reasons.
Prior to
was
my
to
52. The Bill only came into force on 8th June 1991.
this date, the only relevant standard of fairness or justice
that under the common law, which contained different and, in
submission, lesser safeguards for persons subject
proceedings. This Court therefore could not at any
earlier time be asked to, nor did it in fact, give affect to
the standard now prevailing in Hong Kong under the Bill.
respectful
criminal
22