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HUME OFFICE C/ DIVISION
HOME OFFICE
Queen Anne's Gate London SW1H 9AT
A Pawell, Esq
SEAD
Foreign and Commonwealth Office
LONDON
SW1A 2AH
За Эс Ага
Direct line 01-273
Switchboard 01-273 3000
CT 27/4
dc.
7.02
(24)
Ms barrett, Legal Advisers for Parker,
м
Your reference
Our reference
Date
18. Appel 199.
HKD 384/1
RECEIVED
22 APR 1991
DESK OF CEA
DEX
PA
LORRAIN OSMAN
Thank you for your letter of 27 March enclosing a draft letter from the Prime Minister to Dr Mahathir. Consideration of the draft here has produced a couple of comments on which I should be grateful for your advice.
In dealing with the position after 1997, the draft appears to address only one of the two possible anxieties which Osman may have ie, it argues that he could not be sent to mainland China without his consent, but does not address the possibility of additional charges or an increase in sentence. Can we say that the PRC will be bound by speciality after 19977
If he
Hy Leading of palayraph of the draft is that present judicial and legal system of Hong Kong is to continue, it follows that the speciality provisions of their existing extradition legislation will continue to apply. If you agree, I should like to add a new sentence at the end of paragraph 5 to say "Nor could the PRC increase his sentence or charge him with further offences committed before his return,
||
The final sentence of paragraph 3 does not really seem to fit with the rest of that paragraph. The prison transfer which might be impossible to arrange is presumably the one to Malaysia, whereas the first part of paragraph 3 is about the transfer to mainland China. Can we delete the final sentence and perhaps say instead "I hope you will find the following information reassuring."
I am sorry to have to come back to you, but we are constrained to produce an agreed version and I would not wish to incorporate the above changes without consulting you.
yo ant
G UNDERWOOD
S 363