CONFIDENTIAL
177
120447
MDHOAN 1950
CONFIDENTIAL
TO IMMEDIATE HONG KONG
FM FCO
TELNO 753
OF 18162OZ APRIL 91
HKD 384/1
TRY
RECEIVED
10 APR '991
DESH OFF
Pů
TOP COPY Q DIST?
YOUR TELNO 1021: LORRAIN OSMAN: HABEAS CORPUS FIVE
1. WE ARE FAXING TO YOU A COPY OF A RATHER PUZZLING LETTER TO THE HEAD OF HONG KONG DEPARTMENT, FROM CLIFFORD CHANCE, SOLICITORS. AS YOU WILL SEE FROM TEXT CLIFFORD CHANCE DO NOT APPEAR ALTOGETHER CLEAR THAT WE HAVE BEEN IN REGULAR CONTACT WITH YOU AND WITH TREASURY SOLICITORS AND COUNSEL ABOUT THIS LATEST APPLICATION AND THAT THE IDEA FOR AN AFFIDAVIT ORIGINATED WITH US. WE WOULD BE GRATEFUL FOR ANY LIGHT YOU MAY BE ABLE TO SHED ON THE CONTENTS OF THIS LETTER.
2 =
MEANWHILE, TUR INDICATED THAT WE MIGHT EXPECT TO RECEIVE YOUR COMMENTS ON THE DRAFT AFFIDAVIT DURING THE COURSE OF LAST WEEK. AS THE DEADLINE FOR FILING IS NOW APPROACHING, WE SHOULD BE GRATEFUL FOR AN EARLY SIGHT OF YOUR REVISED DRAFT.
3. ON PARA 2 OF TUR, WE WONDER WHETHER THE DIRECTOR OF PUBLIC PROSECUTIONS IS THE MOST APPROPRIATE PERSON TO SWEAR THE AFFIDAVIT FOR TWO REASONS. FIRST, SINCE THE SUBSTANCE OF THE AFFIDAVIT CONSISTS MOSTLY OF FACTS CONCERNING THE PUBLICATION AND CONTENTS OF THE JD AND BL, THE DEPONENT OUGHT TO BE A PERSON WHOSE WORK SPECIFICALLY RELATES TO THOSE MATTERS, THIS WOULD SEEM TO POINT TO THE LAW OFFICERS (INTERNATIONAL LAW), THE ATTORNEY GENERALY, OR THE SECRETARY FOR CONSTITUTIONAL AFFAIRS. SECONDLY, FOR PRESENTATIONAL REASONS, THE AFFIDAVIT MIGHT ALSO LOOK BETTER COMING FROM A PART OF HKG OTHER THAN THE PROSECUTIONS DIVISION, GIVEN THAT IT HAS THE MOST DIRECT PROFESSIONAL INTEREST IN SECURING OSMAN'S RETURN. OF COURSE, BREAKING UP THE SUBJECT-MATTER INTO MORE THAN ONE AFFIDAVIT IS A POSSIBILITY THAT YOU MAY WISH TO CONSIDER. AS SEEN FROM HERE, HOWEVER, THE NEATEST SOLUTION WOULD APPEAR TO BE FOR THE AG HIMSELF TO SWEAR, GIVEN THAT HE WILL BE FAMILIAR WITH THE FACTS RELATING TO THE JD AND BL, AS WELL AS THE LAW OF HK, AND THE ACTS OF WHICH OSMAN IS ACCUSED. GRATEFUL FOR AN EARLY
INDICATION OF YOUR VIEWS.
HURD
PAGE 1 CONFIDENTIAL
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