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Line to Take
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Obviously cannot comment in detail, (matter sub judice)
but most of the points of substance in your letter (eg if
Osman were extradited today he could not be brought to trial
for a further two to three years in Hong Kong; the doubts
about the Chinese handling of the system of criminal justice
after 1997) have already been raised in earlier habeas corpus applications and considered by the courts.
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The question of bail is entirely a matter for the courts,
and nothing Ministers could say could (or should) influence
their decisions. In fact, the courts have considered three
applications for bail and rejected each one.
i X.
The Government's involvement in the case is indeed
defensible and entirely justifiable but while Osman remains
in the UK, it would be dangerous and potentially counterproductive to put our case in public. (We might risk
inadvertently furnishing further grounds for yet further
habeas corpus applications).
Once Osman is safely extradited to Hong Kong it should be
possible to be a little more forthcoming (sub judice considerations in Hong Kong permitting).
JM1ABG/1
JRB
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