TNAG-2389-FCO40-3471-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 183

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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

Furthermore in accordance

that China will not abide by it.

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.

These particular issues were raised in Mr Osman's first

application to the European Commission on Human Rights. The

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 to Brixton for security reasons. He should not

fear for his safety there. Brixton is used for the detention

of people who are on trial in the Crown Court system and

although a little further from his home than Pentonville, it

is still close to central London. In the United Kingdom- people detained in the course of extradition proceedings are treated in the same way as those remanded in custody during domestic proceedings. Mr Osman has enjoyed not only all the privileges afforded to such prisoners, but has in the event

been allowed a good many more. If nevertheless he has any

!