CONFIDENTIAL
142334
MDHOAN 2320 ;
AND DO NOT DIFFER SUBSTANTIVELY FROM THE VERSION IN THE FIRST
DRAFT OF THE BASIC LAW PUBLISHED IN APRIL 1988.
(B) A CERTIFICATE FROM THE HOME OFFICE CONTAINING AN UNDERTAKING FROM YOU THAT, IF LOCAL LEGISLATION GIVING EFFECT TO THE ''SPECIALITY ASSURANCE'' WAS NOT IN PLACE BY 15 MAY 1997, OSMAN WOULD BE ALLOWED TO LEAVE HONG KONG A FREE MAN.
(C) AN AFFIDAVIT SWORN BY A LEGAL OFFICER OF THE HONG KONG GOVERNMENT DEALING WITH THE DETAILED LEGAL ARGUMENTS.
3.
AT A MEETING BETWEEN OUR RESPECTIVE LEGAL ADVISERS ON 24 APRIL, THE FORM AND CONTENT OF THE AFFIDAVITS AND THE CERTIFICATE TO BE FILED WERE AGREED.
4.
THE TEXT OF THE CERTIFICATE (WHICH REQUIRES YOUR PERSONAL APPROVAL) AND THAT OF THE SECOND AFFIDAVIT (WHICH IT WAS AGREED SHOULD BE SWORN BY DAVID EDWARDS OR THE ATTORNEY GENERAL) HAVE BEEN FAXED TO HONG KONG. THE LATEST DATE FOR FILING THESE DOCUMENTS IS 29 APRIL. IF WE ARE NOT READY TO FILE BY THIS DATE THEN WE FACE THE PROSPECT OF A FURTHER ADJOURNMENT.
5. WHILE WE ARE CONTENT TO GO ALONG WITH THE ACTION AGREED BY OUR RESPECTIVE LEGAL ADVISERS, WE HAVE RESERVATIONS ABOUT THE IDEA OF GIVING AN UNDERTAKING THAT OSMAN WOULD BE RELEASED IF APPROPRIATE LOCAL LEGISLATION WERE NOT IN FORCE BY 15 MAY 1997. FIRST, TO GIVE SUCH AN UNDERTAKING
MIGHT BE INTERPRETED CAT ANY RATE BY SOMEONE UNFAMILIAR WITH UK EXTRADITION PRACTICE) AS CASTING DOUBT ON OUR FAITH IN THE
PROVISIONS OF THE JOINT DECLARATION ON LOCALISATION AND CONTINUATION OF LAWS, OR, EQUALLY, ON THE INTENTIONS OF THE PRC TO FULFIL ITS OBLIGATIONS UNDER THE JD. SECOND, THE PRECISE WORDING OF THE UNDERTAKING, SPECIFYING LEGISLATION PROHIBITING HIS REMOVAL FROM THE HKSAR, GOES BEYOND WHAT
WE HAVE SO FAR DISCUSSED WITH THE CHINESE, AND IN TOUCHING ON THE QUESTION OF RENDITION WITHIN THE FUTURE PRC MAY, IF IT BECOMES PUBLIC, RISK PREJUDICING FUTURE DISCUSSIONS ON THESE MATTERS WITHIN THE JLG.
6. WE ARE SORRY TO HAVE TO RAISE THESE POINTS AT THIS LATE
STAGE. BUT THEY ARE POTENTIALLY IMPORTANT AND YOU WILL WISH TO ENSURE THAT THE POLICY IMPLICATIONS HAVE BEEN FULLY CONSIDERED.
HURD
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