TNAG-2390-FCO40-3472-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 72

A

B

C

Di

E

لا

habeas corpus and the position in relation to judicial review

is that in the case of judicial review leave is required

before you can make the application whereas that is not

practical or possible in the case of habeas corpus. The only

effect of Mr. Nicholls' proposal would be to inject into

habeas corpus a two-stage procedure.

In my judgment, there would be a considerable risk if

Mr. Nicholls' suggestion was adopted that it would lead not to

expedition but to delay. That being so, I propose to make no

direction of the sort which is the subject of the

cross-application.

What I do propose to do is to direct that

if any further application is made it should be reserved to

myself and Pill J., If he is available and that it should be

heard with very great expedition with the court sitting, if

this is necessary, at 9 o'clock in the morning prior to its

normal business. I would anticipate it should be possible

for any such application to be heard within a period of seven

days.

F

There is one further matter to which I should make

reference and that is the fact that one application was not

served on the Hong Kong Government. Mr. Scrivener explained

why that happened in perfectly acceptable terms.

He,

G

H

however, was prepared to give an undertaking which the court

is happy to accept on behalf of his client, Mr. Osman, that in

the case of any further application simultaneous notice would

be given to the Hong Kong Government. There should be

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