TNAG-2389-FCO40-3471-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 13

the

as there is serious doubt as to whether any evidence collected

thereunder may be used against Tan in any joint trial since

said Letter was in fact not issued in respect of Tan.

Collection of the U.S. Evidence

of

for

15. I am advised that the Crown has obtained between 1987 and

1989 at least 33 Letters of Request for the collection

evidence in the U.S. (24 for New York, 8 for California and 1

Illinois). Evidence has been collected in New York and

California pursuant to such letters.

16. On 2nd July 1991, the U.S. District Court for the Southern

District of New York (Sweet, D. J.) ordered that all evidence

collected by the Hong Kong government in that jurisdiction be

suppressed as I had not been given notice or an opportunity

participate in the evidence-gathering exercise

7-21).

to

("LEO 1" pages

17.

evidence is

am advised and verily believe that the U.S.

crucial to the Prosecution's case against me and that, because of

the defective procedure by which the evidence was collected, this

exercise must be re-commenced in accordance with proper procedures

under U.S. law.

18. In the circumstances, it is clear that the key to

collecting

the overseas evidence for the BMFL trial has been at all times in

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