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ليا
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G
had happened in Malaysia with regard to the collection of
evidence for the trial in Hong Kong, if it is to take place.
With regard to the proceedings in Malaysia, there has
been as substantial a history almost as there has been in
relation to the proceedings in this country. They started as
long ago as 11th December 1985 with an application being made
in Hong Kong for evidence to be taken in the High Court in
Malaysia. There were at least three letters of request to
the High Court in Malaysia.
The second of those letters of
request was never in fact made use of by the Government of
Hong Kong and the third letter of request was only issued on
4th September 1991. It was the issue of that last letter
which is pivotal to the argument which has been advanced in
support of this application number 6.
The initial evidence which was taken in Malaysia was
taken for the purposes of the extradition proceedings in this
country.
Subsequent to the order of committal being made by
the magistrate, an attempt was made by the Government of Hong
Kong to use that letter of request as a basis for obtaining
evidence to be used for the trial. On 26th April 1988 an
order was made by the High Court in Malaysia for the evidence
of seven witnesses to be taken in that country before the High
Court.
On 6th September 1988 a stay was granted pending an
appeal by Mr. Osman against that order. On 5th June 1989 Mr.
Osman applied to the High Court of Malaysia for a declaration
H
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