TNAG-2389-FCO40-3471-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 163

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or that the PRC would retrospectively increase his sentence or

add further charges after 1997. In case a prison transfer to

Malaysia may prove impossible to arrange, you might find the following information helpful.

If convicted, and if Mr. Osman's prison term should extend beyond 1 July 1997, his position would be protected by binding legal obligations undertaken by China in the Sino-British Joint Declaration in relation to the position and status of Hong Kong after China resumes sovereignty over the territory. Those obligations provide for a high degree of autonomy and in

particular for a continuation of the present judicial and legal

system of Hong Kong. The Sino-British Joint Declaration is a

legally binding international agreement between the British and

Chinese Governments. We have no reason to believe that China

will not abide by it. Furthermore in accordance with the

provisions of the Joint Declaration the Chinese Government have promulgated on 4 April 1990 a Basic Law of the Hong Kong Special Administrative Region which will enter into force on 1 July 1997, which among other things provides for the continuation of Hong Kong's previous capitalist system, including its legal and judicial systems.

The

These particular issues were raised in Mr. Osman's first application to the European Commission on Human Rights. application was rejected in March 1989. As I mention above, the Joint Declaration and the Basic Law both guarantee that the existing legal system in Hong Kong will continue after the

territory reverts to China. Furthermore, according to the Basic

Law, he could not be charged in Hong Kong with offences under

the Criminal Law of China after 1997.

Finally, on the question of the transfer of Mr. Osman from Pentonville to Brixton, there is not a great deal which I can

say. As you acknowledged in your letter, there are limits to

the degree to which I as Prime Minister can intervene in the

process of the law. I understand that Mr. Osman was transferred