TNAG-2389-FCO40-3471-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 42

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Under the civil Rules, Rule 30 governs the taking of

depositions. It specifically provides that "[a] party desiring to

take the deposition of any person upon oral examination shall giv.

reasonable notice in writing to every other party to the action."

While it may be the case that Osman is technically not yet a party

to tha Hong Kong criminal proceeding, he was Bufficiently

identified in the latters of Request as an adverse party that under

tha civil Rulan

should have been given notice

the

depositions. Saa algo Fed. R. Civ. P. 27(a) (2)

R. Civ. P. 27(a)(2) (providing for

ha

Of

notice to "expected adverse party" where deposition is taken prior

to instituting action).

Thus, unless the Orders prescribed procedures other tha

the Civil Rules for taking the bank representatives' depositions

Osman is correct in his assertion that the depositions were no

conducted in conformity with the applicable procedures.

C The Orders Did Not Adopt the Rules of Criminal Procedu for the Taking of Depositions.

may bumi dulu mazon and Septemb Orders specifically provided for use of the Federal Rules

Criminal Procedure in place of the Civil Rules called for und § 1782, and that under the Criminal Rules Osman was not entit

to notice of the depositions, Under this theory, the axpli

reference in the orders to Criminal Rule 17(c) constituted

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