TNAG-2387-FCO40-3469-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 108

the Government of Hong Kong is claiming that such a general or

specific arrangement with the British Government to cover Mr

Osman exists.

Nor could the government of Hong Kong give an

assurance of such an arrangement to be effective after July 1997

as I try to establish later in this opinion. Thus the basis of

the specialty rule has to be found, if at all, in the law of Hong

Kong.

6.

At present extradition relations with non-Commonwealth

states are based upon a system of reciprocal treaties which have

been negotiated by Her Majesty's Government and extended to Hong

Kong. Extradition from and to states and their dependencies

within the Commonwealth is governed by an Order in Council, The

Fugitive Offenders (Hong Kong) Order 1967, made under section 17

(1) of the Fugitive offenders Act 1967 (which enables Her Majesty

to extend all or any provisions of the Act to a colony) and

continued in force by section 34 (3) of the Extradition Act 1989.

The Order is supplemented by a local ordinance of Hong Kong,

Extradition (Hong Kong) Ordinance (Cap. 236). The order extends

the application of the British legislation on the extradition to

Hong Kong. As it is this Order which provides the basis for

extradition relations between the UK and Hong Kong and is there-

fore relevant to the present case, provisions for other forms of

extradition are not examined in this opinion.

7. The Fugitive offenders (Hong Kong) Order

(Hong Kong) Order ("the Order")

extends sections 1-15, 19-22 and schedules 1 and 2 of the UK Act

4