ASSN
A
prosecution's case.
Finally the grounds set out the reasons
why Mr. Osman was entitled to have disclosure of these documents
and his contention that in the circumstances the rules of
natural justice and Article 5(1) (F) of the European Convention
on Human Rights are contravened.
B
C:
D
E
F
G
H
Discovery
The additional evidence was relied upon by Mr. Osman in
support of an application for discovery of documents in
possession of the Hong Kong Government and the Foreign and
Commonwealth Office of the United Kingdom. It was not
necessary for the court to rule on the application against the
Hong Kong Government. Although the Hong Kong Government
submitted a certificate claiming public interest immunity for
the documents, Mr. Thomas, on behalf of Mr. Osman, was content
if the documents were solely produced for inspection by the
members of the court. He did not ask for the documents to be
disclosed to Mr. Osman's legal advisers.
Having regard to the
limited exposure which was being sought, the Hong Kong
Government produced the documents for inspection by the court
and they were inspected. So far as the court could ascertain
from that inspection, unaided by the argument of counsel, the
documents did not assist or detract from Mr. Osman's case.
other words the documents took the case no further.
In
In relation to nine documents Miss Montgomery, on behalf of
the Foreign and Commonwealth Office, agreed to the court
adopting the same course.
These were nine documents which had,
due to a misunderstanding, been disclosed not only to the court
but to Mr. Osman's legal advisers on a previous application.
The court came to the same conclusion about those documents as
10
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