TOMARZ
BACKGROUND
CONFIDENTIAL
References:
A: 5 PQs from Alex Carlile MP answered on 18 May 1989.
B: PQS from Alex Carlile MP answered on 27 July 1988.
1. It is likely that this question relates to the case of Lorrain
Osman whose extradition to Hong Kong is being sought. Mr Smith has
recently written to both FCO and Home Office Ministers about various
aspects of the case. (Replies are still being processed). He had
not previously shown any interest in the case.
2.
Over the past three years however there has been a string of PQs
and Ministerial correspondence, both with the Home Office and the
FCO, initially couched in general terms, but then explicitly on the
Osman case. The bulk of the Parliamentary activity has been handled by Liberal/SLD MPs and peers.
3. The draft reply follows lines that have been used in earlier
correspondence. The Hong Kong Government and Legal Advisers have
been consulted.
The key point is that Hong Kong and China will have separate legal systems after 1997. It would be perfectly proper to make provision for the rendition of fugitive criminals from Hong
Kong to China where they are sought in China for separate offences.
We have yet to commence discussions on this subject with the Chinese
authorities. When we do, we shall seek to ensure that there are
appropriate limits on jurisdiction and safeguards comparable to
those which exist today under the Fugitive Offenders Act.
4. Osman is a wealthy Malaysian businessman who has been remanded
in custody at Pentonville Prison since December 1985 awaiting
extradition to Hong Kong. The Hong Kong Attorney-General is seeking
to prosecute Osman for large-scale fraud, bribery and corruption involving HK$1 billion, in the Bumiputra Bank affair. Osman has
been fighting extradition on a wide range of legal points, including a claim for diplomatic immuinity by virtue of his supposed appointment by the Liberian Government as their Ambassador-at-Large
to the EC. The Government have consistently rejected the claim for
immunity on the grounds that the notification of the appointment had
not been properly made. The Liberian authorities last year put in a
No comments yet.
Private notes are available after approval.