c)
The PRC does not have an extradition treaty with the United Kingdom
and has not entered into any extradition treaties since the
Communists took power in 1948. The PRC does not consider itself
bound by the extradition obligations undertaken by previous
regimes. Each extradition request is decided by the PRC executive
on a discretionary ad hoc basis and not on the basis of law.
d)
From an examination of the applicable law, and from the previous
history of the PRC to date, the indications are that the PRC would
apply this regime of extradition to the HKSAR and there is
certainly nothing in the Basic Law which would prevent the PRC from
so doing. In those circumstances, there is no doubt that
that the
specialty rule under British legislation would not be satisfied.
e)
Under the Basic Law, the PRC authorities are free to transfer a
prisoner from the HKSAR to other regions of the PRC. Therefore, a
person extradited to Hong Kong and who is in custody in prison
after 1st July 1997 can be transferred by the PRC to any part of
its territory outside the HKSAR. After being so transferred, the
prisoner can be lawfully charged under the laws of the PRC with
respect to the same or similar charges for which he has already
been sentenced, and/or new offences arising from the same facts
despite his extant conviction. There is nothing in the Basic Law
which would prevent this course from being taken.
15.
Mr.
There is no doubt that, if convicted, bearing in mind the nature and
number of charges,
Osman will be in prison for a period
substantially in excess of 6 years, even allowing for remission. The
current tariff for such offences was stated by the Court of Appeal in
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