trial judge will not exercise the powers which he has to ensure
all documents are disclosed in a manner which will ensure that
Mr. Osman is not treated unjustly or oppressively.
Again, the
matters on which Mr. Osman relies are not such as would justify
his discharge. On the evidence which is available to this court
while, as I indicated at the outset of this judgment, the
situation of Mr. Osman evokes sympathy there is no basis for
saying it would be unjust or oppressive to return him to Hong
Kong so that the issue of his innocence or guilt of the very
serious crimes with which he is charged can be determined in the
appropriate forum. While I do not think it is necessary to
categorise the present application as an abuse of the court, the
position must now be one where these repeated applications for
habeas corpus must come to an end. Both applications should be
dismissed.
37