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Date:

uc:

Reporter:

5.12.90

11.45 a.m.

JPM/17

12.02 p.m.

Mr Hamilton

after the February hearing in the European ourt and Mr

Nicholls seems confident that neither the English court or the

European court are going to take Mr Osman very seriously, and

in three months' time we will know whether he is right or not.

It has always been the Crown's stance that if Mr Osman comes

back, the District Court proceedings would

not go on. This

was reiterated as recently as 21st November 1990, by leading

counsel for the Attorney General in the District Court and indeed, the learned Judge in giving his ruling yesterday

underlined that, having heard what Mr Corrigan has said, and

I accept no doubt that if Mr Osman comes back and in view of

what the Crown has already said in prosecution, that may apply

to the District Court.

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The difficulty that

Mr

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the

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in or as a 2 2 2 2 2 2 2 2 2

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Nicholls

faces today on this part o

-

en

"We mus

case is that he is trying to ride

is trying to ride two horses at once. H

is saying on the one hand that the interest of the Englis courts is rapidly running out and there is light at the of the tunnel, but on the other hand he is saying not interfere with the District Court trial or any appeal c

that trial",

to consider wha does surely then have is going to happen to Mr Osman and Dr Rais while all that : going on? Perhaps that is another part of the public intere: which the Court needs to put on the scale.

and one

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But all this

in detail

Our

it

unnecessary;

You cannot ju

submission is

2 matter of simple fairness.

a simple matter, consider Mr Osman, Mr Tan has some rights in

rights in the matter

as solution goes

our

far as

t

we respectfully suggest that Court can to protect those rights and we respectfully sugg

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that

months.

is the that is

correct solution, for a

return date in

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COURT:

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to

and Nicholls,

Thank you. Forgive me, I assu

lister

that

I i

yesterday I had understood the matter clearly when

order in

to ascertain VERBATIM REPORTERS

HONG KONG

6 37 36 +6

8731167

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