TNAG-2387-FCO40-3469-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 83

HOME OFFICE

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J W Guy Esq

Hong Kong Department

Foreign & Commonwealth Office

Whitehall

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SW1A 2AF

ذابة

了

please

1/3

Please reply to The Under Secretary of State

Your reference

Our reference

TKD 384

Date

TY

-

La percinkon

1 March 1991

Leger storing

M Panu Liyar

My Sainty, HKD.

Seuning

Thin

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fire

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EXTRADITION OF LORRAIN OSMAN TO HONG KONG

You may be aware that Osman's petition for leave to appeal to the House of Lords against the Divisional Court's judgement on 12 December 1990 rejecting his fourth habeas corpus application was refused earlier this week. On the same day, his solicitors submitted representations to the Home

Secretary. I enclose a copy. We had hoped that the submission of the representations for consideration by the Home Secretary in connection with his decision whether to order Osman's surrender meant that we were nearing the end of the judicial challenges, but we have since heard that he has lodged further applications for judicial review and habeas corpus (his fifth). We do not yet have details of his grounds for these applications, but it seems likely that they will cover similar ground to the representations. We shall need in any case to advise the Home Secretary on the validity of the arguments put forward in them by the solicitors. I wonder therefore if I might ask for your observations on the China point. This was of course raised during the first habeas corpus application and dismissed as irrelevant. I also have to hand the material in your draft to the Malaysian Prime Minister. I am aware therefore of the general line, but we may need to consider more closely what to say if the issue is to come under the Secretary of the Divisional Court. Can we offer any alternative opinions to those of Yash Pal Ghai and Hungdam Chiu?