TNAG-2387-FCO40-3469-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 94

23.

case, at the lowest a prima facie one, that the documents are

relevant to his defence at an eventual trial in Hong Kong. The

Hong Kong Government, though in a position to rebut such a prima

facie case, has declined to do so. In these circumstances it would

be proper for you to take into account Mr. Osman's case concerning

the missing documents and the consequential prejudice and

unfairness that he will face at the eventual trial when you decide

whether or not to issue a warrant for the return of Mr. Osman to

Hong Kong.

Mr. Osman described the effect of the missing documents in paragraph 26

of his said affirmation in these terms:

-

to

"So much time has passed that I cannot be expected to

to recall

decisions made, and transactions entered into, without access

the full documentation disclosed to the Crown under the 1986

Order.

The fact that relevant documents are missing prejudices the

exercise of my full right to defend myself. It must be emphasised

that it was the Hong Kong Government's own lawyer who stated that

it was 'essential and crucial in the interest of justice' that

there be inspection of documents in the categories set out in the

1986 Order."

24. Accordingly, we respectfully submit that you should not issue a warrant

ordering the return of Mr. Osman to Hong Kong.

Dated this

22-

- day of

Gonum

1991

LIT/ID: 1446