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MIPT:
1.
LORRAIN OSMAN
I PROMISED, WHEN WE MET ON 19 DECEMBER 1990, TO LOOK INTO THE QUESTION WHETHER LORRAIN OSMAN, IF CONVICTED OF THE OFFENCES ON THE BASIS OF WHICH HIS EXTRADITION IS SOUGHT BY THE GOVERNMENT OF HONG KONG, MIGHT SERVE ANY PRISON SENTENCE IN A MALAYSIAN OR EVEN BRITISH JAIL. YOU LATER WROTE TO ME TO ASK WHETHER HE MIGHT BE RETURNED TO PENTONVILLE OR SOME OTHER PRISON FROM BRIXTON WHERE HE IS NOW DETAINED.
2.
ON THE FIRST POINT, I UNDERSTAND THAT THERE ARE NO EXISTING ARRANGEMENTS UNDER WHICH IT WOULD BE POSSIBLE FOR OSMAN, IF CONVICTED, TO SERVE ANY SENTENCE IMPOSED IN HONG KONG IN MALAYSIA. THE QUESTION OF WHAT ARRANGEMENTS MIGHT BE MADE TO FACILITATE SUCH A TRANSFER IS A MATTER WHICH YOUR LAW OFFICERS MAY WISH TO EXPLORE WITH THE LEGAL AUTHORITIES IN HONG KONG. 3. MR OSMAN'S MAIN ARGUMENT FOR NOT WISHING TO SERVE ANY SENTENCE IN HONG KONG SEEMS TO BE HIS FEAR THAT HE COULD BE TRANSFERRED TO MAINLAND CHINA IF HE WAS STILL IN PRISON AFTER 1997, WHEN HONG KONG REVERTS TO THE PEOPLE'S REPUBLIC OF CHINA, OR THAT THE PRC WOULD RETROSPECTIVELY INCREASE HIS SENTENCE OR ADD FURTHER CHARGES AFTER 1997. AGAINST THE POSSIBILITY THAT SUCH A PRISON TRANSFER MAY PROVE IMPOSSIBLE TO ARRANGE, YOU MIGHT FIND THE FOLLOWING INFORMATION HELPFUL.
4. IF CONVICTED, AND IF MR OSMAN'S PRISON TERM COULD EXTEND BEYOND 1 JULY 1997, HE WOULD BE COVERED BY BINDING LEGAL OBLIGATIONS UNDERTAKEN BY THE PRC IN THE SINO-BRITISH JOINT DECLARATION IN RELATION TO THE POSITION AND STATUS OF HONG KONG AFTER CHINA RESUMES SOVEREIGNTY OVER THE TERRITORY. THOSE OBLIGATIONS PROVIDE FOR A MEASURE OF AUTONOMY AND IN PARTICULAR FOR A CONTINUATION OF THE PRESENT JUDICIAL AND LEGAL SYSTEM OF HONG KONG. THE BRITISH GOVERNMENT HAVE CONCLUDED AN AGREEMENT WITH THE PRC AND HAVE NO REASON TO BELIEVE THAT THE PRC WILL NOT ABIDE BY IT. INDEED THE JOINT DECLARATION HAS BEEN FURTHER STRENGTHENED BY THE PROMULGATION OF THE BASIC LAW IN APRIL 1990.
M
THESE PARTICULAR ISSUES WERE RAISED IN OSMAN'S FIRST APPLICATION TO THE EUROPEAN COMMISSION ON HUMAN RIGHTS. THE APPLICATION WAS REJECTED IN MARCH 1989. AS I MENTION ABOVE, THE EXISTING LEGAL SYSTEM IN HONG KONG WILL CONTINUE AFTER THE
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