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CPM/C1528/082/TRWW
Alan Paul Esq
Hong Kong Desk
Foreign and Commonwealth Office
Hong Kong Department
King Charles Street
London
SW1A 2AH
DATE
1 May 1991
Dear Mr Paul,
Re: R v. The Governor of H.M. Prison, Brixton ex parte Osman
In the matter of an Application by Lorrain Esme Osman for Judicial Review
I received a copy of the Affidavit sworn by you on 29th April 1991 from Jonathan Ziegel of the Treasury Solicitors. The Affidavit was lodged with the Court on 29th April 1991 and a copy served upon Mr Osman's solicitors.
On reviewing the Affidavit yesterday, I notice a number of inaccuracies which I thought ought to be drawn to your attention:-
(a)
(b)
(C)
(d)
in paragraph 3, the final sentence, the content of Article 8 is not exactly the same in the February 1989 draft and the final text. The February 1989 draft refers to laws that are "inconsistent with" the Basic Law whereas the April 1990 text refers to laws which "contravene" the Basic Law;
in paragraph 4, the quote from paragraph 8 of the Joint Declaration is not entirely accurate in that some words have been omitted between "ratification" and "which" in the first line of the quote. Therefore a series of dots should have been inserted. "The" in the second sentence of the quote should read "this";
on the third line from the bottom of paragraph 4, it should read paragraph "II" rather than "11" of Annex "I" rather than "1";
paragraph 6 suggests that draft Article 8 and draft Article 18 reproduce exactly the provisions of the Joint Declaration set out in paragraph 3. This is not correct.
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