7. that to hold otherwise would be to infringe the terms of Articles
8(1)&(2) and 13 of the European Convention on Human Rights;
8. that in cases such as those presently under consideration
it is all the more appropriate that the Court should have jurisdiction
because the Courts of Guernsey would have no control over the
use of such information "elsewhere" i.e. in another jurisdiction
and in a criminal proceeding abroad over which the laws and practices
of Guernsey have no control;
9. that HM Procureur ( being appointed by Her Majesty and occupying
a similar but clearly distinguishable position to the Attorney
General in England) is not immune from process either generally
or in regard to such proceedings as the present under the investigation
Law of 1991;
10. that the applicants in the Century case had not proceeded
by way of Doleance and the applicants had adopted or were adopting
such a course in the present proceedings;
11. that the Applicants have (contrary to the contentions of
the Procureur) standing to bring these proceedings and make these
applications.
Thereafter, a further argument was raised based on
the extra-territorial effect of the investigation Law 1991 so far
as it affected these Applicants to which argument we refer later
in this judgment.