TNAG-2389-FCO40-3471-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 11

of BMFL,

from 1976-1982 and

1982-1984

respectively.

Such

volumes, was produced at the committal

evidence, amounting to 40

proceedings in the Bow Street

Magistrates Court.

(2) On 1st March 1988, the Hong Kong government obtained a

second Letter of Request ("the 1988 Letter of Request") for the

collection of evidence from 7 witnesses in Malaysian specifically

for use in the BMFL trial. This Letter of Request has never been

acted upon by the Hong Kong Government.

to

(3) On 7th September 1988, the Hong Kong government sought

collect evidence for the BMFL trial under a Malaysian court

order obtained pursuant to the 1985 Letter of Request. I am

advised and verily believe that Leading Counsel, appearing on my

behalf, objected inter alia on the basis that, as there was no

indictment (and I did not therefore know what charges I would

face at trial), it would not be possible for my Counsel to cross-

examine the witnesses in an informed manner. Tan's Counsel also

objected at that time. The judge overruled the objections but

stayed the proceedings pending appeal to the Supreme Court of

Malaysia.

14.

The present position in relation to the collection of the

evidence stands, therefore, as follows:-

Malaysian

(1) The Hong Kong government has continued to refuse to

inform me of the precise charges which I will face in the BMFL

trial.

In such

circumstances,

9

it has placed itself

in