TNAG-2390-FCO40-3472-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 68

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collected so far to be suppressed. This was apparently as a

consequence of an application which Mr. Osman made in the

United States' proceedings saying that he had not had the

opportunity to cross-examine in those proceedings which he

should have had. This mistake on the part of the Government

of Hong Kong, so it is described, was, it was said, going to

result in a delay of something like 18 months in the obtaining

of that evidence. Mr. Osman suggests that that is an

additional ground for saying that he should now be discharged.

Speaking for myself, I am sceptical as to whether the

collection of evidence in the United States will have any

possible effect on the case which is proposed to take place in

Hong Kong against Mr. Osman. The situation is one where, if

Mr. Osman returns, the date on which his trial will commence

is still, to some extent, a matter of speculation. He has

already invoked at Strasbourg, the European Convention on

Human Rights and it is almost inevitable, having regard to

what has happened so far in the litigation which has been

taking place in different parts of globe involving Mr. Osman,

that when Mr. Osman returns to Hong Kong

if he does return

to Hong Kong he will immediately initiate proceedings

relying on the Bill of Rights to suggest that the trial should

not take place because it contravenes that Bill of Rights.

Looking at the matter as best one can sitting here, it

seems almost inevitable as well, bearing in mind the history,

that if those proceedings were to result in a decision which

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