TNAG-2654-FCO40-3847-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1992 — Page 137

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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six to eight weeks to attend board meetings".

All four are

alleged by the Government of Hong Kong to have been involved in

Mr. Saniman is at present contesting extradition

the offences.

proceedings which are being brought against him by the

Government of Hong Kong in France. Mr. Shamasuddin has however

pleaded guilty to four charges and has already been sentenced by

a Hong Kong court to ten years imprisonment. Mr. Jafaar has

been granted full immunity from prosecution by the Hong Kong

Government and civil immunity by B.B.M.B. He was granted

immunity in return for his giving evidence on behalf of the Hong

Kong Government. His evidence, which consisted of a very

lengthy deposition, played a critical role in the committal

proceedings before the Chief Stipendiary Magistrate. On the

present applications Mr. Osman relied on the assessment of this

role which was made by the court on the first application.

What the court said was as follows:

"One thing is clear: the question which underlies all

others is the weight to be attached to Jafaar's evidence. If Jafaar's evidence is to be rejected as worthless, as Mr. Ross Munro submits, then we do not see how any of the charges can stand. But if, on the other hand, the magistrate was entitled to have regard to his evidence, then his evidence alone

if we may be permitted to generalise

goes most, if not all, of the way to justify committal on all the charges, except possibly the corruption charges.

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Judgment in respect of the sixth application was given on

14th November 1991. Unless the present applications are based

on fresh evidence which has come into Mr. Osman's possession

since that time, the present application would undoubtedly be an

abuse of the process of the court. Mr. Osman relies on two

different parcels of fresh evidence which he has obtained since

that time. The first parcel, "the B.B.M. B. documents". consists

of a selection of documents from those disclosed at the

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