Reference.
would have to go through the due process of law in the Hong Kong courts. It will have its own separate legal and judicial system from the rest of the PRC.
Thus as is the
case with England and Scotland, within the United Kingdom, there will be two separated jurisdictions, that of Hong Kong
and that of the mainland.
The
These particular issues were raised in Osman's own application to the European Commission on Human Rights. application was rejected in March 1989. As I mention above, the existing legal system in Hong Kong will continue after the territory reverts to China. Under the present law, any transfer out of Hong Kong requires the consent of the prisoner himself and that of the Hong Kong Government before it can be implemented. Accordingly, under Hong Kong's present legislation, Osman could not be transferred to mainland China without his own consent."
3.
I presume the Home Office will be advising on whether Mr Osman can indeed serve a sentence elsewhere under a UK/Malaysian Prisoner Exchange, if one exists, and if Hong Kong is included in it.
4.
We referred an initial draft to our Legal Adviser
(Mr Fifoot) and the above line has now incorporated his views. In the interests of speed I am side copying this to
him in case he has further comments.
J K Hague
Hong Kong Department
WH303
270 2656
28 January 1990
CODE 18-77
FABAPA/2