TNAG-2389-FCO40-3471-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 154

USET EXTRADITIC OPEN PALAYSIA IS WALE, THROUGH LACK OF

PREPARATION OF VILL, TO FEQUEST EXTRATITION.

3. WE WOULD PRESENTLY PREFER IN ANY CASE TO PROCEED WITH OUR APPLICATION FOR EXTRADITION. WE ARE NOW PROCEEDING WELL IN MALAYSIA. THE CHIEF JUSTICE MADE AN ORDER ON 16 DECEMBER THAT 44 WITNESSES SHOULD ATTEND BEFORE THE COURT TO ANSWER QUESTIONS ON OATH AND PRODUCE DOCUMENTS (PARAGRAPH 2 OF YOUR FIRST TUR REFERS) AND PRODUCE DOCUMENTS (PARAGRAPH 2 OF YOUR FIRST TUR REFERS) AND ALTHOUGH SHAMSUDDIN MOVED TO SET ASIDE THIS ORDER BEFORE A DIFFERENT JUDGE TODAY THE APPLICATION FAILED. THE RESULT IS THAT THE COURT WILL BEGIN THE EXERCISE OF OBTAINING THIS VITAL EVIDENCE ON 9 JANUARY 1986. THERE IS A POSSIBILITY OF APPEAL SUT WE UNDERSTAND THAT THIS COULD NOT BE HEARD FOR ANOTHER MONTH. ALTHOUGH THERE ARE LEGAL UNCERTAINTIES ON THE QUESTION OF JURISDICTION, WE ARE HEARTENED BY THE SUPPORTIVE ATTITUDE OF THE MALAYSIAN JUDICIAPY SO FAR. IN LONDON, IT IS LIKELY THAT WE SHALL NOT NEED TO PROCEED WITH THE PRESENTATION OF OUR EVIDENCE IN SUPPORT OF EXTRADITION, UNTIL THE MIDDLE CF MARCH. MOREOVER, THERE IS A POSSIBILITY THAT OSMAN AND SHAMSUDDIN MAY BE WILLING TO RETURN TO HONG KONG VOLUNTARILY. WE APE PRESENTLY CONSIDEPING WHETHER SATISFACTORY

TERMS COULD BE AGREED.

4. ACCORDINGLY, THOMAS WOULD LIKE TO RE ABLE TO MAKE A TELEPHONE CALL TO ABU TALIE TOMORROW, 21 DECENDER, TO SHOW LACK OF INTEREST IN THE PROPOSAL, ALTHOUGH HE WOULD NOT GIVE HIM ALL THE REASONS SET OUT ABOVE. HE WOULD NEPELY INDICATE THAT WE SEEN TO BE ON COURSE FOR A SUCCESSFUL APPLICATION FOR CXTRADITION IN THE UK AND THAT THERE APPEAR TO PE A NUMBER OF PRACTICAL DIFFICULTIES IN THE WAY

OF TAL-15'S SUGGESTION.

3. HE UNDERSTAND THAT TALIE INTENDS TO VISIT LONDON ON 23 OR 24 DECEMBER AND IT IS POSSIPLE THAT HE WILL HAVE SOME CHQUIRIES OF THE HOME OFFICE OR THE ATTORNEY CE: EPAL ALONG THE SAME LINES. GIVEN THE PRESSURES THAT TALIZ MUST SE UNDER AT HOME, IT SHOULD NOT BE ASSUMED THAT HE HAS ONLY THE INTERESTS OF JUSTICE IN MIND. WE SHOULD BE COATEFUL FOR AN EARLY PEPORT ON ANY APPROACH HE MAKES.

YOUDE

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