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: 23

0712424270

3 RAYMOND BLDS

IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION

IN THE DIVISIONAL COURT

The Respondent

Name of FCO witness

1st

Date when swoin

BETWEEN:-

LORRAIN ESME OSMAN

Applicant

-and-

THE GOVERNOR OF HMP BRIXTON

DRAFT AFFIDAVIT

Respondent

I, [Name], [Occupation] of [Address] MAKE OATH and say as follows:

1. I am a [Position held] in the Foreign and Commonwealth Office. Save where otherwise stated I have personal knowledge of the facts and matters deposed to herein.

2. The Applicant affirms in paragraph 11 of his affidavit dated 22nd February 1991 that "prior to 4th April 1990, there was no Basic Law in existence and it was on that basis that the courts dealing with the matter before that date made their decisions. All that was available were the results of some discussions on some issues insofar as the same weTE given publicity." This does not accurately summarise the history of the promulgation of the Basic Law, since the fundamental provisions of the Basic Law, and in particular the terms of the 'continuation of laws' provisions that are now found in Article 8 of the Basic Law have been broadly known since 1984 and have been widely publicised in Hong Kong and in the United Kingdom since that time.

3. By the Sino-British Joint Declaration on the Question of Hong Kong [the Joint Declaration], initialled on 26th September 1984 signed on 19th December 1984 and ratified on 27th May 1985, the legal system of the Hong Kong Special Administrative

2003

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