CONFIDENTIAL
CALL BY LORD CAITHNESS ON DR MAHATHIR, 13 MAY
LORRAIN OSMAN
Points to Make (Defensive)
-
Understand letter from Prime Minister, in reply to queries you raised in December, is on its way.
- Length of custody in UK entirely due to Osman's prolific use of appeal procedures in UK courts; Home Secretary cannot return fugitive offender while any appeal pending.
No existing arrangements for transfer of Hong Kong prisoners to Malaysia; you may wish to explore with Hong Kong authorities.
- UK and PRC have entered into a legally binding obligation that Hong Kong will enjoy a high degree of autonomy after 1997. Under the basic law of the Hong Kong special administrative region which comes into effect on 1 July 1997, Osman could not be prosecuted under the current law of the PRC. The basic law preserves the essential features of the common law system of justice as practiced in Hong Kong today.
- Transfer from Pentonville to Brixton prison was for operational reasons; if Osman is concerned about any aspect of his treatment, he should use established complaints procedures.
Hope question of extradition will soon be resolved.
CONFIDENTIAL
MA 2AAI