TNAG-2388-FCO40-3470-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 11

CONFIDENTIAL

CONFIDENTIAL

FM HONG KONG

TO DESKBY 08090OZ F C O

TELNO 1409

OF 08062OZ MAY 91

RECEIVEN

HKD 384/1

TOP COPY 10 MAY 199 Q DIST?

DESK FICE

INDEX

PA

41

001331

MDHIAN 5452

YOUR TELNO 853: LORRAIN OSMAN:

HABEAS CORPUS 5

WE TOO ARE UNSURE AS TO THE ORIGINS OF THE DEFENSIVE LINE REFERRED TO IN PARAGRAPH 1 OF TUR ALTHOUGH IT MAY BE BASED ON A DRAFT AFFIDAVIT SENT TO HONG KONG BY YOU ON 26 FEBRUARY 1991 IN WHICH IT WAS STATED:

''I AM ADVISED AND VERILY BELIEVE THAT THE LAW OF HONG KONG PRECLUDES THE TRANSFER OF SERVING PRISONERS OUT OF HONG KONG WITHOUT THE CONSENT OF THE PRISONER HIMSELF AND THAT OF THE HONG KONG GOVERNMENT.'

IN THE EVENT, THAT STATEMENT WAS NOT REPEAT NOT INCORPORATED INTO THE AFFIDAVIT EVENTUALLY SWORN BY HEAD OF THE HONG KONG

DEPARTMENT.

2. WE AGREE THAT THE REPATRIATION OF PRISONERS (OVERSEAS TERRITORIES) ORDER 1986 AND THE (AMENDMENT) ORDER 1987 WILL NOT SURVIVE 1997 IN THEIR PRESENT FORM. LOCALISATION OF THE PRESENT LAW OF HONG KONG REGARDING THE TRANSFER OF PRISONERS HAS NOT BEEN DISCUSSED WITH THE CHINESE. WE HAD NOT PROPOSED RAISING LOCALISATION UNTIL WE HAD MADE SUBSTANTIAL PROGRESS WITH EXTRADITION AND HAS CONCLUDED SOME EXTRADITION AGREEMENTS.

3.

WE AGREE THAT THE PRESENT LAW OF HONG KONG ALSO INCLUDES THE COLONIAL PRISONERS REMOVAL ACTS 1869-1884 AND THAT THESE ACTS DO NOT REPEAT NOT REQUIRE THE CONSENT OF THE PRISONER FOR THE REMOVAL TO TAKE PLACE BUT WILL NOT SURVIVE 1997.

4.

THE COLONIAL PRISONERS REMOVAL ACT 1884 MAY PROVIDE AUTHORITY FOR THE TRANSFER OF OSMAN FROM PRISON IN HONG KONG TO PRISON IN THE UNITED KINGDOM ON OR BEFORE 30 JUNE 1997 TO SERVE THE REMAINING BALANCE OF ANY SENTENCE HANDED DOWN BY THE COURTS IN HONG KONG PROVIDED THAT ONE OR MORE OF THE CIRCUMSTANCES LISTED IN S.2 OF THE ACT APPEAR TO EXIST. OF THESE, THE ONLY CIRCUMSTANCES WHICH MIGHT POSSIBLY BE RELIED UPON WOULD APPEAR TO BE EITHER THAT:

1

PAGE CONFIDENTIAL