TNAG-2387-FCO40-3469-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 157

A

B

C

Osman in Hong Kong would be an abuse of the process of the

court of trial by reason, for example, of the elapse of

time. A matter such as that is entirely a matter for the

local court.

In seeking to bring his case within section 11 of the

Act of 1989 or the concept of abuse or both, Mr. Thomas

placed before us six matters which he invited us to

consider in the context of our powers.

particular order:

(1) elapse of time,

They were, in no

(2) the absence of certain documents,

(3) the motive of the accuser,

D

(4)

(5)

(6)

E

F

G

the likely absence of some witnesses from a trial

in Hong Kong,

publicity, and

the personal circumstances of Osman.

We shall deal separately with each of these matters.

(1) Elapse of Time

The period of time and certain of the events occurring

within it have already been mentioned. Some other events

will be mentioned later.

(2) Missing Documents

Those were

Certain BBMB documents were placed before the

magistrate early in the committal proceedings.

documents which had been perused by ICAC when it was first

investigating the case, but the copies which were supplied

on request by BBMB to ICAC had had excised from them

H

17