A

CONFIDENTIAL COVERING SECRET

From:

BE Stewart

S

HKD 384/1

# SA

02 APR 1992

Sir J Coles

PS/PUS

ZB

MALAYSIA: LORRAIN OSMAN

Problem

Date:

CC:

South East Asian Department

1 April 1992.

PS/Lord Caithness

Mrs Sutherland

Mr Burns o/r

Mr Hodge, Security Department

*

Mr Ricketts, HKD

Mr Parker, Assistant Legal

Adviser

Mr Underwood, C7 Division, HO

pa.

Myanis 1/4

Good submission

1. The former Malaysian Foreign Minister, Ghazali, may be subpoenaed to give evidence on the Osman case in a Malaysian court. If he is, should our High Commissioner brief Ghazali on our record of a conversation he had in 1983 with the then acting High

Commissioner?

Recommendation

2.

I recommend that our High Commissioner be instructed not to give such a briefing. I submit a draft telegram to Kuala Lumpur. Security Department, HKD, Legal Advisers and the Home Office

concur.

Background

3.

The PUS is familiar with the Osman case. A background paper summarising Osman's 7 applications for a writ of habeas corpus is attached. In preparation for Osman's prosecution, the Hong Kong authorities are gathering evidence in the Malaysian courts. This involves the calling of witnesses, who may be cross-examined by Osman's Counsel. Osman will be able to subpoena witnesses on his own account; this stage of the proceedings has not yet been reached.

BESAEG

CONFIDENTIAL COVERING SECRET

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