TNAG-2651-FCO40-3844-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1992 — Page 8

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

BET VEEN:

IN THE MATTER OF LORRAIN ESHE OSHAN

and

-

IN THE MATTER OF AN APPLICATION FOR A

WRIT OF HABEAS CORPUS AD SUBJICIENDUM

LORRAIN ESME OSMAN

- and

(1) THE GOVERNOR OF HER MAJESTY'S PRISON, BRIXTON

(2) THE GOVERNMENT OF HONG KONG

CO/205/92

Applicant

Respondents

This is exhibit marked "JDW 1"

referred to in the Affidavit of Jeffrey David

Walton affirmed before me this 19h day of February 1992

A Solicitor

Actume dhuit

Solicitors

1 Gunpowder Square

Printer Street

London

EC4A 3DE

Telephone

071 936 2553 Facsimile

071 936 2590 DX 474

Chancery Lane

Treasury Solicitor,

DX 2318 Victoria.

EVERSHEDS

Date

13th February 1992

Your Reference

L91/1348/JZ

Our Reference

JDW/196/SJK/7W/224

Dear Sirs,

RE: L.E. Osman Application for Habeas Corpus

-

our client has made a further application for As you may be aware, Habeas Corpus. Our client's Affirmation, a copy of which is enclosed, a result of exhibits a number of documents which were disclosed as discovery in civil proceedings in Hong Kong brought by BBMB against our client and others. In the light of the documents which have been disclosed our client has been advised that the documents previously disclosed by you on behalf of the Foreign and Commonwealth Office, for which Public Interest Immunity was subsequently successfully sought, are now highly relevant to the issues in our client's latest application.

At a preliminary hearing on 31st January 1992 Leading Counsel instructed by our client informed the Court that it would be his intention to apply for an order for production to the Court pursuant to RSC Order 24 Rule

with all of

of the 12 of the documents previously disclosed together documents referred to in the Certificate dated 12th June 1990 by the Honourable Francis Maude MP.

We therefore formally require the Secretary of State for Foreign and Commonwealth Affairs to confirm that he is prepared to produce to the Court on a date to be notified the documents referred to above.

We appreciate that the Secretary of State for Foreign and Commonwealth Affairs is not at present a party to our client's application. However, should your instructions be to refuse to produce the documents to the Court then it will be necessary for the Secretary of State to be joined Perhaps in those circumstances you would as a party to the proceedings.

the indicate whether he is prepared to become a Respondent without necessity of us applying to Court for a formal order.

Although the comments of Lord Justice Woolf in this connection may have been reported to you by the Crown Prosecution Service on behalf of the Governor of Brixton Prison, His Lordship indicated that he would wish if

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13th February 1992

Treasury Solicitor

at all possible the relevant documents to at least be in Court when the matter is next before it so that when our client applies for an order for production of the documents they can be available should the Court accede to that application.

Yours faithfully,

г

EVERSHEDS