ASSN
A
B
C
D
of that what the court is concerned with here is committal
proceedings.
The English courts have always been reluctant to
interfere with committal proceedings when those committal
proceedings are to be followed by a trial in this country. The
same approach can be detected with regard to committal
proceedings with a view to the return of an alleged offender.
This is illustrated by the court's unwillingness to extend our
rules of practice to committal proceedings for the purposes of
extradition. (See R. v. Governor of Gloucester Prison, ex
parte Miller [1979] 1 WLR 537.) In these circumstances, in the
case of the present application we see no material difference to
the approach which the court is required to adopt on these two
applications in the absence of some special circumstance placing
an additional duty on the Hong Kong Government.
E.
F
G
H.
:
The issues
We have set out our approach to the extent of the duty of
disclosure on the government seeking a committal order in some
detail because it appears to us to be central to a consideration
of Mr. Osman's applications. As a result of that examination,
it appears to us that the applications cannot succeed unless Mr.
Osman can show:
1. There was some representation made by the Hong Kong
Government which placed upon them an additional duty to
make disclosure, or
2. The committal proceedings were conducted against him
in a manner which was not in good faith in the interests of
justice.
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