A former Colchester soldier has lost his High Court battle to avoid extradition to Hong Kong.

Barry Miller, 41, is to stand trial over the death of a man in a bar fight.

He was based at Colchester Garrison between May 1997 and November 1998 and worked as a remedial therapist, helping people with sports injuries.

The unarmed combat expert, who still lives in the town, said he was "disappointed" at Tuesday's decision but would not say whether he would take his case to the Court of Appeal.

If his two-year battle against extradition fails, he will become the first British citizen extradited to Hong Kong since China took control of the former colony.

During the phased withdrawal of British troops, Miller was having goodbye drinks with friends in the New Pussy Cat Club in the down-market entertainment district of Wanchai on April 20, 1997, when a fight developed.

The brawl left Australian Gary Tait, 34, unconscious and he died nine days later in hospital.

A keen boxer, Miller was a warrant officer in the Army Physical Adventure Training Unit in Hong Kong,

Lord Bingham, the Lord Chief Justice, sitting with Mr Justice Ognall, said the transfer of the former colony to the Chinese did not affect the principle that Hong Kong had the authority to try and, if necessary, punish a person found guilty of breaking its laws.

Andrew Brierley, appearing for Miller, argued his trial on charges of manslaughter and unlawful wounding should be held in the United Kingdom, especially as key witnesses were British Army and Navy personnel who could be compelled to give evidence in this country.

But the legal challenge to Home Secretary Jack Straw's decision in August 1998 to order Miller's return was rejected as "unsound".

Lord Bingham said Hong Kong "most obviously has a claim to try and punish anyone accused of breaking its laws".

There was no evidence to suggest he would be treated unfairly and not receive a fair trial.

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