TNAG-2388-FCO40-3470-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 42

SW6ABL

HKD 384 384

RECEIVED IN

1 MAY 1991

DESK OFFICE

DEX

30

From:

Sir Arthur Watts

Legal Adviser

Date:

25 April 1991

PA

UTION

CC:

Sir J Coles

Mr Burns

Mr Paul

HKD

Has seam.

jizala

Ms Barrett, Leg Advs

LORRAIN ESME OSMAN: HABEAS CORPUS APPLICATION No 5: AFFIDAVIT

1.

Ms Barrett has had a word with me about the need for an affidavit to be sworn by someone in this Office. Counsel has advised that an affidavit is necessary; and I can confirm that that advice seems to me wholly right. An affidavit is indeed crucial to the successful conclusion of this case (which has dragged on now for many years).

2.

The affidavit as now agreed by Counsel consists of only the first six paragraphs of the earlier draft. They cover pure questions of fact, touching on the Basic Law and Joint Declaration. The right person to swear such an affidavit is a member of this Office at the appropriate level of seniority who has direct knowledge of or responsibility for the matters covered by it. That means, in practice, someone in the Hong Kong chain of command. It could be the desk officer, the Head of Department, the relevant AUS or DUS. The choice is essentially one for you to make, bearing in mind what seems to you to be the right level of responsibility in this case

(given its history).

A watto

A D Watts