TNAG-2388-FCO40-3470-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 31

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FM HONG KONG

TO IMMEDIATE FCO

TELNO 1274

OF 270331Z APRIL 91

INFO IMMEDIATE UKREP JLG HONG KONG

RESIDENT CLERK PLEASE PASS TO PAUL, HKD

32

YRTELNO 800: LORRAIN OSMAN: HABEAS CORPUS 5

1. HAVING READ THE TEXT OF THE DRAFT CERTIFICATE REFERRED TO IN PARA 2(B) OF TUR, I SHARE YOUR RESERVATIONS ABOUT PROMISING THAT OSMAN WOULD BE RELEASED IF APPROPRIATE HONG KONG LEGISLATION WERE NOT ENFORCED BY 15 MAY 1997. TO DO SO WOULD INDEED CAST DOUBT ON OUR FAITH IN THE PROVISIONS OF THE JOINT DECLARATION ON THE CONTINUATION OF THE LEGAL SYSTEM. IN ADDITION IT COULD THROW INTO DOUBT THE EFFICACY OF EARLIER UNDERTAKINGS GIVEN WITHOUT THIS ADDITIONAL PARAGRAPH AND LEAD TO DEMANDS FOR FURTHER SUCH UNDERTAKINGS IN EXTRADITION CASES IN THE FUTURE.

2. I HAVE, THEREFORE, NOT/NOT SIGNED THAT UNDERTAKING BUT HAVE INSTEAD SIGNED AN UNDERTAKING IN THE USUAL FORM.

3. THE AG WILL SWEAR THE SECOND AFFIDAVIT REFERRED TO IN PARA 2(C) OF TUR. BOTH THE UNDERTAKING AND THE AFFIDAVIT WILL BE CARRIED BY A MEMBER OF OUR LEGAL TEAM LEAVING HERE FOR LONDON

TONIGHT (27 APRIL).

WILSON

YYYY

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