TNAG-2387-FCO40-3469-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 181

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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.

The

These particular issues were raised in Osman's own application to the European Commission on Human Rights. 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."

3. I presume the Home Office will be advising on whether

Mr Osman can indeed serve a sentence elsewhere under a

UK/Malaysian Prisoner Exchange, if one exists, and if Hong Kong is included in it.

4. We referred an initial draft to our Legal Adviser

(Mr Fifoot) and the above line has now incorporated his

views. In the interests of speed I am side copying this to

him in case he has further comments.

28 January 1990

FABAPA/2

J K Hague

Hong Kong Department

WH303

270 2656