CONFIDENTIAL
001331
MDHIAN 54521
(I)
(II)
THE OFFENCE TO WHICH THE SENTENCE RELATES WAS COMMITTED PARTLY BEYOND THE LIMITS OF HONG KONG: OR
REMOVAL OF OSMAN IS EXPEDIENT FOR HIS SAFER CUSTODY OR FOR MORE EFFICIENTLY CARRYING HIS SENTENCE INTO EFFECT.
WE WOULD HAVE THOUGHT THAT THE ABILITY TO TRANSFER OSMAN TO THE UNITED KINGDOM IN THE CIRCUMSTANCES SET OUT IN SS.2(C) AND (D) OF THE COLONIAL PRISONERS REMOVAL ACT 1884 WOULD WEAKEN OSMAN'S CASE FOR HABEAS CORPUS IN THAT A TRANSFER TO THE UNITED KINGDOM WOULD BE ONE WAY OF GIVING EFFECT TO THE SPECIALTY ASSURANCE. HOWEVER, IF WE RAISE THIS POINT IN OSMAN PROCEEDINGS, OTHER PRISONERS SERVING SENTENCE IN HONG KONG MAY ALSO SEEK TO BE TRANSFERRED IN THE SAME MANNER.
5. THERE IS NO OTHER LEGISLATION IN HONG KONG PROVIDING FOR THE TRANSFER OF PRISONERS OUT OF HONG KONG.
6. WE HAVE NOT SEEN ANY CORRESPONDENCE FROM DR MAHATHIR TO THE PRIME MINISTER ON THE SUBJECT OF OSMAN OTHER THAN DR MAHATHIR'S LETTER OF 28 DECEMBER 1990. WE COMMENTED ON THAT LETTER IN HK TELNO 433. IF THERE IS A FURTHER LETTER, THIS WOULD BE OF INTEREST TO US. WE THINK IT BEST TO AVOID MENTION OF THE TRANSFER OF PRISONERS LEGISLATION TO DR MAHATHIR UNTIL SUCH TIME AS OUR POSITION IS STATED IN HABEAS CORPUS NO. 5 BECAUSE WE FEAR THAT THE CONTENT OF ANY RESPONSE MAY FIND ITS WAY TO OSMAN.
7. WE SUGGEST THAT YOU LIAISE FURTHER IN RELATION TO THE ABOVE WITH OUR LEGAL TEAM IN LONDON.
WILSON
YYYY
ΜΑΙΝ
LIMITED
HKD
27
DISTRIBUTION
30
SEAD
MR BURNS
PAGE
2
CONFIDENTIAL
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