CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 590
OF 26175OZ MARCH 91
CONFIDENTIAL
TEX
HKD 384/1
025714
MDHOAN 0578
LORRAIN OSMAN: HABEAS CORPUS FIVE
1. AS YOU WILL BE AWARE, OSMAN'S RECENT APPLICATION FOR HABEAS CORPUS WAS DISMISSED BY THE DIVISIONAL COURT, BUT HE HAS NOW FOLLOWED UP WITH ANOTHER HABEAS CORPUS APPLICATION. THE NEW APPLICATION RAISES THE FOLLOWING MAIN POINTS:
(I) NO SPECIALITY ASSURANCE HAS BEEN SOUGHT FROM THE HONG KONG AUTHORITIES.
(II) THE APPLICANT COULD RECEIVE ADVERSE TREATMENT AFTER
1997 FROM THE CHINESE AUTHORITIES.
(III) NEW FACTS HAVE ALLEGEDLY ARISEN IN RESPECT OF MISSING DOCUMENTATION, WHICH WE UNDERSTAND IS THE SUBJECT OF FURTHER PROCEEDINGS WITHIN MALAYSIA.
2. WHILST THE VIEW HERE IS THAT THIS FRESH APPLICATION IS LARGELY AN ABUSE OF PROCESS, NONETHELESS, IT HAS BEEN DECIDED TO TACKLE BY WAY OF AFFIDAVIT THE ARGUMENTS RELATING TO THE POST-1997 SITUATION.
3. WE ARE FAXING TO YOU A COPY OF THE HABEAS CORPUS APPLICATION, INCLUDING AN AFFIDAVIT BY OSMAN OF 22 FEBRUARY, AND THE PROPOSED DRAFT AFFIDAVIT IN RESPONSE. GRATEFUL IF YOU COULD ARRANGE TO HAVE IT SWORN BY AN APPROPRIATE PERSON IN HONG KONG. THE DRAFT IS BY NO MEANS FINAL AND WE WOULD WELCOME ANY SUGGESTIONS YOU HAVE FOR AMENDMENTS.
4. WE ARE ADVISED THAT THE WORDING NEEDS TO BE FINALISED BY 5 APRIL, AND THE AFFIDAVIT SWORN NO LATER THAN THE FOLLOWING WEEK. GRATEFUL THEREFORE FOR AN EARLY REPLY.
HURD
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CONFIDENTIAL
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