TNAG-1585-FCO40-2159-Hong-Kong-prisons-and-prisoners-1986 — Page 31

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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PROCEEDINGS BEFORE THE COMMISSION

8. The application was lodged with the Commission on 6 April 1982 and registered on 13 April 1982. On 8 October 1982 the Commission decided to give notice of the application to the United Kingdom Government in accordance with Rule 42(2)(b) of its Rules of Procedure, and to request the Government to submit its observations on the admissibility and merits of the application. The respondent Government submitted their observations on 24 January 1983 after having been granted a three-week extension of the time-limit by the President of the Commission. The applicant's observations in reply were received on 3 March 1983.

9.

On 13 May 1983, after having received the applicant's declaration of means and the Government's comments thereon, the Commission granted legal aid in respect of his legal representation in accordance with the Addendum to the Commission's Rules of Procedure.

10. On 14 July 1983 the Commission decided, in accordance with Rule 42 (3) of the Commission's Rules of Procedure, to invite the parties to make further submissions at an oral hearing on the admissibility and merits of the application. The hearing was held in Strasbourg on 17 January 1984. The applicant was represented by Mr P. Ashman, barrister-at-law, who works for the organisation Justice in the United Kingdom. The respondent Government were represented by Miss S. Brooks, Agent, Foreign and Commonwealth Office, Mr A. Moses, counsel, Mr R. Jackson of the Treasury Solicitor's Office, and Mr C. Osborne and Mr Scudder, both of the Home Office.

Following the oral hearing, the Commission declared the application admissible insofar as it raised issues under Art. 5 of the Convention (1).

11.

12. After declaring the case admissible, the Commission, acting in accordance with Art. 28 (b) of the Convention, also placed itself at the disposal of the parties with a view to securing a friendly. settlement. In the light of the communications from the parties, the Commission finds that there is no basis on which such a settlement can be made.

(1) See decision on the admissibility, Appendix II.

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