CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 355
OF 28170OZ
FEBRUARY 92
INFO PRIORITY KUALA LUMPUR
CONFIDENTIAL
128
126044
MDHOAN 0629
TOP COPY Q DIST?
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HKD. 384/1
355-A 1992
чв
(FOR ATTENTION PS/LORD CAITHNESS ON ARRIVAL)
OSMAN: HABEAS CORPUS NO 7
1.
THE DIVISIONAL COURT GAVE JUDGEMENT TODAY DISMISSING OSMAN'S SEVENTH APPLICATION FOR HABEAS CORPUS (AND HIS ASSOCIATED APPLICATION FOR JUDICIAL REVIEW). THE COURT ALSO GAVE ITS REASONS FOR HAVING REFUSED OSMAN'S APPLICATION TO MAKE THE FCO
PARTY TO THE PROCEEDINGS AND HIS APPLICATION FOR DISCOVERY OF
FCO DOCUMENTS.
2. IN SO FAR AS THE JUDGMENT CONCERNED THE FCO, THE COURT HELD THAT IT WOULD NOT MAKE THE FCO A PARTY TO PROCEEDINGS PURELY FOR
THE PURPOSE OF DISCOVERY. IT WAS HIGHLY UNLIKELY THAT THE FCO DOCUMENTS SOUGHT WERE ANY MORE PROBATIVE THAN THE HONG KONG DOCUMENTS WHICH THE COURT HAD BEEN PERMITTED BY THE HONG KONG GOVERNMENT TO INSPECT (THOUGH NOT TO DISCLOSE TO OSMAN).
OSMAN'S APPLICATION WAS SOMETHING OF A FISHING EXPEDITION. ANY EVENT, PUBLIC INTEREST IMMUNITY HAD BEEN PROPERLY CLAIMED BY MEANS OF TWO CERTIFICATES. THE COURT WOULD NOT INSPECT DOCUMENTS UNLESS THEY WERE LIKELY TO CONTAIN MATERIAL WHICH WOULD BE OF ASSISTANCE TO THE APPLICANT.
HURD
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ΜΑΙΝ
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LIMITED
HKD
SEAD
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PS/LORD CAITHNESS
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CONFIDENTIAL