-7-
department, that the only documents he will be allowed
used
by
Government
This
to inspect were the
in the extradition of documents originals
the HK
2" and "CHA 3") and not those proceedings (i.e. documents listed in "CHA documents "made available" to them as had been stated in BBMB's letters. did not take my position much further since these documents had already been produced. In respect of censored documents, from which only extracts had been produced, Mr. Cohen vas only allowed to inspect the original of the extracts.
to inspect the "CHA It vas suggested to Mr Cohen that if he wished documents, it would be necessary to obtain a Court order, which order (Mr Cohen was assured), would be complied with by BBHB. He was also assured by would be available for "CHA 1" documents Na'imah bte Khalid that the inspection in the event that the Order was obtained: there was no suggestion that any of the documents were missing.
--
1"
20.
I instructed Mr Krishnan to apply for an order requiring BBMB t 1" and this was grante produce for my inspection the documents listed "CHA by Mr Justice Dato' H J Mohamed Eusoff bin Chin on 20th September 1990 (page commence on 8th Octobe 1-4, "AK 2"). The Court ordered the inspection to
1990 at 9.30 am.
21.
On 5th October 1990, the last working day before the inspection wa due to start, BBMB's solicitors served an application to set aside the 201 had usi fact that
solicitors my September
Notwithstanding the Order. precisely the same procedure as the HK Government has used in applying for t Court challenged the now 1986 Order, with which BBMB had complied, BBMB
unable BBMB further alleged that I was jurisdiction to grant my order.
1" were relevant to the proceeding prove that the documents listed in "CHA
This
Effectively, BBMB's position was th
an extraordinary position. vas
to the proceedings for
those documents were
were "relevant" to the proceedings for the HK Governmen inspection in 1986 were no longer "relevant" inspection in 1990.
22.
Following a hearing which lasted 1 and 1/2 days the Court on 9th Octo 1990 dismissed BBMB's application to set aside its earlier order and grar an extension until 15th October 1990 to enable BBMB to prepare the docume (pages 16-22 "AK 2").
34