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AMSTERDAM BRUSSELS FRANKFURT HONG KONG LONDON MADRID NEW YORK PARIS SINGAPORE TOKYO UNITED ARAB EMIRATES
ASSOCIATED OFFICES BAHRAIN SAUDI ARABIA
YOUR REFERENCE
IN REPLY PLEASE QUOTE
CPM/C1528/082/TRWW
DATE
16 April 1991
Paul
Alan Pool Esq
Hong Kong Desk
Foreign and Commonwealth Office
Hong Kong Department
King Charles Street London
SW1A 2AH
HKD 384
22 APR 199
DESK OFFICER
INDEX
DA
Dear Sir
↑
CCJG.
SEAD
QC. Jonathan Ziegel, Treasury Solicing Ms Barrett, Lyat Advisers,
ex parte Osman
Nigel Parker, Legat
Advisers.
back rome
M11/4 17/4
Re: R v. The Governor of H.M. Prison, Brixton In the matter of an Application by Lorrain Esme Osman for Judicial Review
We act for the Hong Kong Government in respect of the applications made by L.E. Osman for Habeas Corpus and leave to apply for Judicial Review.
We enclose herewith two files containing the following documents:
-
1.
File 1
2.
Affirmation of L.E. Osman affirmed 22.2.91 in support of Application for Judicial Review.
File 2
Documents prepared in support of Application for Leave to Apply for Judicial Review including Affirmation of L.E. Osman affirmed 27.2.91.
It is clear from Mr Osman's Affirmation that he is seeking to suggest that any legislation passed by the Hong Kong Government prior to 1997 will not continue in force after that date and that a Speciality Assurance given before 1997 will not be binding after 1997.
We have been advised by Mr David Edwards, the Law Officer who heads up the International Law Division of the Hong Kong Government, that Mr Osman is wrong on both these points. The International Law Division believes the position to be that Hong Kong law will continue after 1997 and that extradition law will be localised before that date. Further, a Speciality Assurance given before 1997 should be binding post 1997 pursuant to the second paragraph of Article 160 of the Basic Law.
In view of the nature of the points being raised by Mr Osman, we will obviously keep your office fully informed. We wondered whether, at this stage, your office would wish to intervene in these matters and file
A LIST OF THE NAMES OF THE PARTNERS IS OPEN TO INSPECTION AT THE ABOVE OFFICE
REGULATED BY THE LAW SOCIETY UNDER THE FINANCIAL SERVICES ACT 1986