TNAG-2388-FCO40-3470-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 118

CONFIDENTIAL

TOP COPY IST?

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 590

OF 26175OZ MARCH 91

}

HKD 3847

RECEIVED IN OFI

22 APR 199:

DI SK OFFICER

INDEX

PA

20

025714

MDHOAN 0578

Mr Mars.

LORRAIN OSMAN: HABEAS CORPUS FIVE

1

AS YOU WILL BE AWARE, OSMAN'S RECENT APPLICATION FOR HABEAS CORPUS WAS DISMISSED BY THE DIVISIONAL COURT, BUT HE HAS NOW FOLLOWED UP WITH ANOTHER HABEAS CORPUS APPLICATION. THE NEW APPLICATION RAISES THE FOLLOWING MAIN POINTS:

(I) NO SPECIALITY ASSURANCE HAS BEEN SOUGHT FROM THE HONG KONG AUTHORITIES.

(II) THE APPLICANT COULD RECEIVE ADVERSE TREATMENT AFTER 1997 FROM THE CHINESE AUTHORITIES.

(III) NEW FACTS HAVE ALLEGEDLY ARISEN IN RESPECT OF MISSING DOCUMENTATION, WHICH WE UNDERSTAND IS THE SUBJECT OF FURTHER PROCEEDINGS WITHIN MALAYSIA.

2. WHILST THE VIEW HERE IS THAT THIS FRESH APPLICATION IS LARGELY AN ABUSE OF PROCESS, NONETHELESS, IT HAS BEEN DECIDED TO TACKLE BY WAY OF AFFIDAVIT THE ARGUMENTS RELATING TO THE POST-1997 SITUATION.

3. WE ARE FAXING TO YOU A COPY OF THE HABEAS CORPUS APPLICATION, INCLUDING AN AFFIDAVIT BY OSMAN OF 22 FEBRUARY, AND THE PROPOSED DRAFT AFFIDAVIT IN RESPONSE. GRATEFUL IF YOU COULD ARRANGE TO HAVE IT SWORN BY AN APPROPRIATE PERSON IN HONG KONG. THE DRAFT IS BY NO MEANS FINAL AND WE WOULD WELCOME ANY SUGGESTIONS YOU HAVE FOR AMENDMENTS.

4. WE ARE ADVISED THAT THE WORDING NEEDS TO BE FINALISED BY 5 APRIL, AND THE AFFIDAVIT SWORN NO LATER THAN THE FOLLOWING WEEK. GRATEFUL THEREFORE FOR AN EARLY REPLY.

HURD

YYYY