LORRAIN ESME OSMAN
REPRESENTATIONS TO THE HOME SECRETARY
1.
These representations
are made pursuant to the Extradition Act 1989.
They are made under the following headings:-
(a) Speciality Assurance;
(b) Prejudice and Unfairness of Eventual Trial.
These are issues of far-reaching importance which the Home Secretary
should consider when deciding whether to issue the warrant for surrender
in respect of Mr. Osman.
SPECIALTY ASSURANCE
2.
In Mr. Osman's 4th Application, the Divisional Court upon invitation by
leading counsel for the Hong Kong Government, determined for the first
time that it is the Extradition Act 1989 ("the EA") and not the Fugitive
Offenders Act 1967 ("FOA") which now applies in respect of the pending
extradition proceedings against Mr. Osman. The relevant portion of the
judgment is appended hereto as Appendix A.
3.
Sections 6(4) and (5) of the EA provides as follows:-
"(4) A person shall not be returned
...
unless provision is made by the
relevant law, or by an arrangement made with the relevant
colony, for securing that he will not, unless he has first had an