GUARANTEE OF "FAIR TRIAL"
40. I am advised and verily believe that the Bill, by
for
providing
imported
the
a "fair hearing" in Article 10, has
internationally recognised principle of "equality of arms" into
the laws of Hong Kong. It is my understanding that this principle
requires that the
defendant not be put
in a
disadvantageous
position
vis-a-vis the prosecution,
particularly
in
criminal
proceedings.
41. It has been brought to the attention of the Divisional
on
previous
Occasions that I have been
Court
in the
documents,
originally
prejudiced
preparation of my defence since some 64% of the 5,439
which were in the possession of BBMB (the Bank which
lodged the complaint against me in the BMFL matter), and the
production of which was considered by the Hong Kong Government to
be "essential and crucial in the interest of justice", have now
been
lost.
42. Before the Bill came into effect, it was argued on my behalf
in a previous application for habeas corpus dated 5 February 1990
that it was unfair or unjust to require me to face a trial in
Hong Kong because so many documents were missing. I produce my
affidavit sworn 29th October 1990 in those proceedings at "LEO
of
1", pages 28-47. However, in its judgement dated 12 December
1990, the Divisional Court did not accept that the relevance
the documents had been demonstrated; nor did it accept that the
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