TNAG-2387-FCO40-3469-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 85

LORRAIN ESME OSMAN

REPRESENTATIONS TO THE HOME SECRETARY

1.

These representations

are made pursuant to the Extradition Act 1989.

They are made under the following headings:-

(a) Speciality Assurance;

(b) Prejudice and Unfairness of Eventual Trial.

These are issues of far-reaching importance which the Home Secretary

should consider when deciding whether to issue the warrant for surrender

in respect of Mr. Osman.

SPECIALTY ASSURANCE

2.

In Mr. Osman's 4th Application, the Divisional Court upon invitation by

leading counsel for the Hong Kong Government, determined for the first

time that it is the Extradition Act 1989 ("the EA") and not the Fugitive

Offenders Act 1967 ("FOA") which now applies in respect of the pending

extradition proceedings against Mr. Osman. The relevant portion of the

judgment is appended hereto as Appendix A.

3.

Sections 6(4) and (5) of the EA provides as follows:-

"(4) A person shall not be returned

...

unless provision is made by the

relevant law, or by an arrangement made with the relevant

colony, for securing that he will not, unless he has first had an