the Government of Hong Kong is claiming that such a general or
specific arrangement with the British Government to cover Mr
Osman exists.
Nor could the government of Hong Kong give an
assurance of such an arrangement to be effective after July 1997
as I try to establish later in this opinion. Thus the basis of
the specialty rule has to be found, if at all, in the law of Hong
Kong.
6.
At present extradition relations with non-Commonwealth
states are based upon a system of reciprocal treaties which have
been negotiated by Her Majesty's Government and extended to Hong
Kong. Extradition from and to states and their dependencies
within the Commonwealth is governed by an Order in Council, The
Fugitive Offenders (Hong Kong) Order 1967, made under section 17
(1) of the Fugitive offenders Act 1967 (which enables Her Majesty
to extend all or any provisions of the Act to a colony) and
continued in force by section 34 (3) of the Extradition Act 1989.
The Order is supplemented by a local ordinance of Hong Kong,
Extradition (Hong Kong) Ordinance (Cap. 236). The order extends
the application of the British legislation on the extradition to
Hong Kong. As it is this Order which provides the basis for
extradition relations between the UK and Hong Kong and is there-
fore relevant to the present case, provisions for other forms of
extradition are not examined in this opinion.
7. The Fugitive offenders (Hong Kong) Order
(Hong Kong) Order ("the Order")
extends sections 1-15, 19-22 and schedules 1 and 2 of the UK Act
4