ASSN
A
It is not sufficient for him to show that the Hong
Kong Government had or could obtain access to material
which it could have made available to him but did not do
so, unless the failure to disclose the material was
motivated by a lack of good faith in the interests of
justice.
B
C
D
E
F
ملا
G
H.
Are there representations on which Mr. Osman is entitled to rely?
It was suggested that it had been represented to the
applicant that the Hong Kong Government indicated that in
relation to the committal proceedings before the Chief
Stipendiary Magistrate, the Hong Kong Government would comply
with the Attorney-General's guidance.
representation to this effect was made.
In fact no
What was represented
was that in the proceedings in Hong Kong, there would be
compliance with the guidance. The remaining matters on which
reliance is placed, are all connected with the attempts of the
applicant to obtain inspection of documents in the possession of
During the committal proceedings Mr. Nicholls caused
B.B.M.B.
a telex to be sent to Hong Kong which contained arguments in
favour of disclosure being given by B.B.M.B. That telex
referred to observations of the Chief Stipendiary Magistrate
which stressed the desirability of this happening.
Subsequently in the proceedings which took place in Malaya an
order was made by the High Court of Malaya granting extensive
inspection. However, the bank was not prepared to allow Mr.
Osman's legal advisers to inspect and the inspection had to be
carried out by counsel for the Hong Kong Government whose
decision as to materiality was to be final. This function was
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