Sino-British Joint Declaration is a legally binding
international agreement between the British and Chinese
Governments. We have no reason to believe that China will
not abide by it. Furthermore in accordance with the
provisions of the Joint Declaration the Chinese Government
have promulgated on 4 April 1990 a Basic Law of the Hong Kong Special Administrative Region, which will enter into
force on 1 July 1997, which among other things provides for
the continuation of Hong Kong's previous capitalist system,
including its legal and judicial systems.
The
These particular issues were raised in Mr Osman's first
application to the European Commission on Human Rights.
application was rejected in March 1989. As I mention above,
the Joint Declaration and the Basic Law both guarantee that
the existing legal system in Hong Kong will continue after
the territory reverts to China. Furthermore, according to
the Basic Law, he could not be charged in Hong Kong with
offences under the Criminal Law of China after 1997.
Finally, on the question of the transfer of Lorrain Osman
from Pentonville to Brixton, there is not a great deal which
I can say. As you acknowledged in your letter, there are
limits to the degree to which I as Prime Minister can
intervene in the process of the law. I understand that
Mr Osman was transferred to Brixton for operational reasons.
He should not fear for his safety there. Brixton is used
for the detention of people who are awaiting trial in the
Crown Court system and although a little further from his
home than Pentonville, it is still close to central London.
In the United Kingdom, people detained in the course of extradition proceedings are treated as if they were unconvicted prisoners. Mr Osman has enjoyed not only all the privileges afforded to such prisoners, but has in the
event been allowed a good many more. If nevertheless he has any reason for concern about his treatment, I hope he will
not feel constrained from using the established procedures
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