TNAG-2389-FCO40-3471-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 22

the

opportunity

to be present in Malaysia and the U.S. when

evidence is collected and, as a result, I am advised and verily

believe that Article 10 of the Bill will be violated.

46. Leading Counsel for the Hong Kong Government has admitted

that the evidence collecting exercise in Malaysia will be "a

trial in itself." ("LEO 1", page 29). As a result, I am advised

and verily believe that Article 11 (d), which requires a criminal

trial to take place in the defendant's presence, will also be

breached.

47. Further, I am advised and verily believe that Article 11 (2)

(b) requires that a defendant be given "adequate

...

facilities

for the preparation of his defence and to communicate with

counsel of his own choosing". The Human Rights Committee of the

UN has stated that "facilities" in this Article must include

access to documents and other evidence which the accused requires

to prepare his case, as well as the opportunity to engage and

communicate with counsel (General Comment No. 13, para. 9). I am

advised and verily believe that my lack of access to BBMB's

documents as well as my being denied the opportunity

present in Malaysia and in the U.S. when crucial evidence of a

complicated nature is collected will amount to a

to be

violation

of

Article 11 (2) (b) of the Bill.

48. I am advised and verily believe that, coupled with

Article

11 (2)(b), Article 11 (2) (e) requires that an accused be able "to

examined, the witnesses against him and to

examine,

or have

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