TNAG-2389-FCO40-3471-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 47

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JUL

9 1

THU

04 '91 08:39

07. 03. 91

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9:33 MIKE

KINGSTON

BOASE & COHEN 852-5295035

168 P16

12:47 PM

P16

authenticity of the bank documents that were produced by the bake,

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and the meaning of certain of the entries," a review of the Letters

of Request and the Deposition Notices indicates that the documents

sought from the banks included, in addition to ordinary account

records, such items as "records of customer interviews" and "any

Bank officer's diary or other notes of conversations with any

person or persons authorized to give instructions in relation to

the account." Osman has raised an issue as to the nature and

reliability of the racords involved. By denying Osman notice and

consequently an opportunity to participate in the depositions the

Government has deprived him of any challenge to, or interpretation

of these records."

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the

The real

While Osman is unable to cite any precedent authorizing

an order that the Hong Kong Attorney General return of

transcripts, neither is there any authority denying one.

question is whether the Hong Kong Attorney General is subject to

the power of this court. In applying for the orders to carry out

the discovery pursuant to the Letters of Request, the Attorney

General submitted himself to the jurisdiction of this Court.

i

The Government properly urges this Court not to preempt or to Decond-guess the evidentiary ruling of the Hong Kong tribunal, However, here Osman has been deprived of an opportunity to challenge of interpret the evidence obtained without compliance with the appropriate procedures. Regardless of the applicable Hong Kong rules, Osman has shown that he is entitled to relief from thi Court.

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