20. The PRC authorities could also claim the power to make law
or determine practice about the transfer of accused persons
within different parts of the PRC, including the HKSAR, för
purposes of rendition, as a corollary of its sovereignty. In
this case,
a person extradited to Hong Kong could be transferred
to the mainland if the PRC claimed a violation of its law by that
person. The Criminal Code of the PRC (article 7) gives the PRC
courts jurisdiction over foreigners for certain offences, even
when committed abroad.
21.
As I have stated above the protection afforded by the Order
in Council is finite and will expire in 1997. There is nothing
to replace it, and the Hong Kong legislature has no existing
power to enact any legislation in respect of the specialty assur-
ance which could be extended beyond 1st July 1991. The decision
in this case will afford a precedent in all extradition proceed-
ings hereafter.
22. It follows from the above analysis that in my opinion, the
Hong Kong government will not be able to represent to the UK
government that Mr. Osman would enjoy the benefit of the special-
ty rule if he were extradited to Hong Kong and sentenced to a
term of imprisonment which would run to or beyond 1st July 1997.
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