TNAG-2387-FCO40-3469-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 168

Joint Declaration in relation to the position and status

of Hong Kong after China resumes sovereignty over the territory. Those obligations provide for a measure of autonomy and in particular for a continuation of the

present judicial and legal system of Hong Kong. The

British Government have concluded an agreement with the

PRC and have no reason to believe that the PRC will not

abide by it. Indeed the Joint Declaration has been

further strengthened by the promulgation of the Basic Law

in April 1990.

It is obviously not possible to give a categorical assurance that no prisoner will ever be transferred from

the future Hong Kong SAR to other parts of the People's

Republic of China but having regard to the obligations referred to above, any request would have to go through the due process of law in the Hong Kong courts. It will

have its own separate legal and judicial system from the

rest of the PRC. Thus, as is the case with England and

Scotland, within the United Kingdom, there will be two

separated jurisdictions, that of Hong Kong and that of

the mainland.

These particular issues were raised in Osman's own application to the European Commission on Human Rights. The application was rejected in March 1989. As I mention above, the existing legal system in Hong Kong will continue after the territory reverts to China. Under the present law, any transfer out of Hong Kong requires the consent of the prisoner himself and that of the Hong Kong Government before it can be implemented. Accordingly,

under Hong Kong's present legislation, Osman could not be transferred to mainland China without his own consent.