TNAG-2389-FCO40-3471-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 5

(b) by reason of the passage of time since he is

alleged to have committed it

it would, having regard to all the circumstances, be unjust or oppressive to return him."

4.

I make this application under the inherent jurisdiction

of

this Honourable Court to review the lawfulness of my detention

and under section 11 (3) (b) of the EA. There is now produced and

shown to me marked "LEO 1" a paginated bundle of documents to

which I shall hereinafter refer.

written

which

5. On 6th June 1991, Hong Kong was for the first time given a

Bill of Rights ("the Bill"). The Bill was set out in

the Hong Kong Bill of Rights Ordinance ("the Ordinance")

came into force on 8th June 1991. I am advised and verily

believe that the standard of fairness now prevailing particularly

in criminal proceedings in Hong Kong is defined by the terms of

the Bill. This standard is higher than that which hitherto

internationally-recognised

existed under the common law where

principles such as trial without undue delay in the ICCPR sense

and "equality of arms" had been absent. I understand that expert

evidence will be forthcoming to deal with these matters.

6. Since the Bill came into force on 8th June, 1991, I am

further advised and verily believe that this Honourable Court, in

deciding whether, by reason of "the passage of time", it would in

all the circumstances be "unjust or oppressive" to return me to

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