TNAG-2387-FCO40-3469-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 183

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Mr Powell

SEAD

LORRAIN OSMAN

Reference.

1.

You discussed with John Morris a contribution from Hong

Kong Department on the points raised by Dr Mahathir during

his talk with the Prime Minister on 19 December 1990. This

was on the possibility of Osman serving any sentence in a British or Malaysian jail rather than in Hong Kong.

2.

I suggest the following:

"Mr Osman's main argument for not wishing to serve any

sentence in Hong Kong seems to be his fear that he could be

transferred to mainland China if he was still in prison

after 1997, when Hong Kong reverts to the People's Republic of China, or that the PRC would retrospectively increase his sentence or add further charges after 1997.

The fact that if convicted, Osman's prison term could extend beyond 1 July 1997 is of no consequence. The PRC has entered into binding legal obligations in the 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 PRC but any request

FABAPA/1

CODE 18-77

CC