TNAG-2388-FCO40-3470-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 14

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 853

OF 02170OZ MAY 91

CONFIDENTIAL

乢

LZ1037

MDHOAN 2905

HKD

FIXD 384/1

TOP COPY Q DIST?

HONG KONG TELNO 1274: LORRAIN OSMAN: HABEUS CORPUS 5

1.

AS YOU ARE AWARE, ONE OF THE POINTS WHICH OSMAN HAS RAISED IN HIS PAST REPRESENTATIONS IS HIS FEAR THAT AFTER CONVICTION HE COULD SUBSEQUENTLY BE TRANSFERED TO A PRISON IN THE PRC TO SERVE THE REMAINDER OF HIS SENTENCE. A DEFENSIVE LINE WHICH WE HAVE

BEEN CONSIDERING MAKING USE OF DRAWS ON THE FACT OF THE

CONTINUATION OF THE PRESENT JUDICIAL AND LEGAL SYSTEM OF HONG

KONG AND STATES:

''UNDER THE PRESENT LAW OF HONG KONG, ANY TRANSFER OUT OF HONG KONG REQUIRES THE CONSENT OF BOTH THE PRISONER AND THE HONG KONG GOVERNMENT'

2.

1

WE ARE NOT SURE WHERE THIS PARTICULAR LINE ORIGINATED BUT WE

ARE CONCERNED THAT THE IMPLICATION MIGHT BE MISLEADING. WE ASSUME THAT ''THE PRESENT LAW OF HONG KONG'' REFERS TO THE

REPATRIATION OF PRISONERS (OVERSEAS TERRITORIES) ORDER 1986 AND

THE CAMENDMENT) ORDER 1987. THESE ORDERS CLEARLY WILL NOT SURVIVE 1997. PRESUMABLY,

PRESUMABLY, LOCALISATION WOULD NOT BE CONTEMPLATED UNLESS CHINA WERE TO AGREE TO HK NEGOTIATING ITS

OWN AGREEMENTS WITH THIRD STATES. AS FAR AS WE ARE AWARE, NO

THOUGHT HAS BEEN GIVEN TO SUCH A POSSIBILITY. WE ASSUME ALSO THAT 'THE PRESENT LAW OF HONG KONG'' MIGHT BE UNDERSTOOD AS

INCLUDING REFERENCE TO THE COLONIAL PRISONERS REMOVAL ACTS AND ORDERS. THESE DO NOT REQUIRE THE CONSENT OF THE PRISONER FOR

REMOVAL TO TAKE PLACE AND EQUALLY CLEARLY WILL NOT SURVIVE 1997. FURTHERMORE, ANY SUGGESTION THAT SUCH LAWS MIGHT BE LOCALISED AND ADAPTED WOULD OBVIOUSLY STRENGTHEN THE

CASE OF PERSONS SUCH AS OSMAN. GRATEFUL FOR YOUR THOUGHTS ON THESE POINTS.

3. DO YOU HAVE ANY OTHER LEGISLATION WHICH PROVIDES FOR TRANSFER OF PRISONERS OUT OF HONG KONG? IF SO, GRATEFUL TO KNOW WHAT IT IS AND WHAT IS THE POSSIBILITY, IF APPROPRIATE, FOR LOCALISATION AND/OR ADAPTATION.