10:56
071 2424221
'92 17:54 CLIFFORD CHANCE
ROBIN SIMPSON QC
P.5
004
4.
ex parte Woodhall [188] XX QBD 932 at 836
R v Governor Brixton Prison [19101 2 KB 1056 at 1063 Anand v Home Secretary and anoz. [1943] AC147 at 162 Dunaena v Cammell Laird [19421 Ac 624 at 633/634 see statement Viscount Kilmuir LC to Official reports 95th series) Col 745 Conway v Rimmer [1968] AC 910 at 942
R v Browne [1988] 87 CAV 52 and 57
House of Lords 197 HL
Neilson v Laugharne [1981] 1 AER 829 at 839
Buttes Gas & Oil Co v Harmer & othrs (No. 3) [19801 3 AER 475 Rogers v Secretary of State [1973] AC388 at 412
Alfred Crampton Amusement Machines Ltd v Customs & Excise Commissioners (no. 2) [1974] AC 405
Burmah Oil v Bank of England [1980] AC 1090 at 1121 and 1744
10. A full consideration of the case and evidence presented to the Chief Magistrate in the extraditions will deomonstrate:-
(a) The omission of references to the key role of
the Minister of Finance in the evidence of the chief prosecution witness Ibrahim Jaafar.
(b) The portrayal of BBMB, its shareholders and the Government of Malaysia as victims of an alleged fraud.
(c) The dismissal of the signifigance of the US Assets: as an important aspect of the loans advanced by BMFL to Carrian.
11. The accusation against the Applicant is tainted by the knowing complicity of the Hong Kong Government in the cover up by the Malaysian authorities. The proceedings are framed for collateral purposes or motives and are not made in good faith in the interests of justice. Hence it would be unjust and/or oppressive to return the Applicant to Hong Kong.
Martin Thomas QC
James Connolly
Counsel for the Applicant
7th February 1992
3
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