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Bearing in mind that the Applicants have lodged petitions
of special leave to appeal to Her Majesty in council, and that the
matter came before this Court so that the Applicants could in the
event of their applications failing in this Court demonstrate that
they have exhausted their local remedies, we considered it to be
appropriate to deal with the totality of these submissions irrespective
of the fact that the answer to any particular one could result,
if adverse to the applications, in the failure of the applications,
so that the Judicial committee can be informed of our conclusions
as to all the matters of potential relevance which have been raised.
The nature of the arguments summarised above also required a consideration
of the rights of the parties as they would have been prior to the
passing of the Appeal Law of 1961. It is proposed to address the
original submissions summarised above in the reverse order with
the addition of the argument as to apparent extra-territorial effect
in its appropriate place in this judgment.
Before so doing it is convenient to set out the terms
of s. 1(1)(2)(3) & (9) of the investigation Law of 1991.
".Powers of investigation
1. (1) The powers of Her Majesty's Procureur under this section
shall be exercisable in any case in which it appears to him-
(a) on reasonable grounds that there is a suspected offence
involving serious or complex fraud, wherever committed; and
(b) that there is good reason to do so for the Purpose of
investigating the affairs, or any aspect of the affairs, of
any person.
(2) Her Majesty's Procureur may by notice in writing require
the person whose affairs are to be investigated ("the person
under investigation") or any other person whom he has reason
to believe has relevant information to attend before Her Majesty's
Procureur at a specified time and place to answer questions
or otherwise furnish information with respect to any matter
relevant to the investigation.
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