TNAG-2387-FCO40-3469-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 187

Slemanthur

From:

Paul Fifoot

Ma Maris

HKD 384/1

RECE!

IND

CISTRY

- 7 FEB 1991

A

PA

Legal Advisers

Date: 10 January 1990

cc Ms Major, HKD

Ms Barrett

Mr Hague, HKD

LORRAIN OSMAN

1.

We must never ever attempt to say in letters or briefing what will happen in the SAR after 1 July 1997. Our approach must always be along the line that 'the Joint Declaration

(which is an international agreement) provides that ...

the Basic Law which gives effect to the Joint Declaration provides that

or words to that effect. This is the line we have taken in previous correspondence over Mr Osman and we should stick to it.

2.

In fact, Lord Winchelsea raised similar questions with regard to Mr Osman in 1987. I have not got all the papers in particular I do not have Mr Eggar's letter to

Lord Winchelsea of 24 August 1987 which I think must be the Key letter. However, I have copies, which I attach, of letters from Lord -Winchelsea of 6 November 1987 and

19 January 1988 together with a minute from myself to Mr Smith of 4 November 1987.

3.

It would be desirable to dig out Mr Eggar's letter from the files and I will be happy to look at a draft which takes account of the above points and those which are relevant from our Ministers during next week.

4.

You should also note that the Osman case under the European Convention was decided by the European Commission on Human Rights, not the European Court of Human Rights. attach a photostat of the Decision of the Commission.

I

7PFAAN

Paul Fifoot