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On 9 June 1987 Mr Osman applied for a writ of habeas corpus to have the magistrate's decision set aside. hearing date in the High Court is fixed for 22 February, having been postponed until then at the request of the defence. We have informed Mr Osman's legal representative that no steps will be taken to surrender him to the Hong Kong authorities until the proceedings before the High Court have been completed.
Given that the alleged fraud amounts to
one billion pounds, it is natural the legal proceedings should be complex. It is true that the case took 70 days before the Magistrate, but much of that time was taken up with defence submissions. The delays in hearing the case at Bow Street were all at the request of the defence. Indeed, the Hong Kong Government representatives Jettisoned part of the case to ensure that delays were kept to a minimum, and made submissions in writing in order to shorten the oral submissions. The oral submissions of counsel for the Hong Kong Government lasted for about eight days.
There have been no complaints from Mr Osman's counsel about delays or the length of time the proceedings have taken.
As to the suggestion that Mr Osman might be handed over to the PRC Authorities in 1997 if he were returned to Hong Kong before then and convicted, I really cannot add anything to the clear explanation of the position contained in Tim Eggar's letter to you of 24 August last year and my letter of 6 November.
Finally, we have been in contact with the Liberian Embassy about Mr Osman's status. We have advised the Embassy that, on the basis of the evidence available to
we consider that Mr Osman is not entitled to any diplomatic privileges and immunities. Nor do we accept him as a member of the staff of the Liberian Embassy.
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THE LORD GLENARTHUR