TNAG-2389-FCO40-3471-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 193

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 Lorrain 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 operational reasons.

He should not fear for his safety there. Brixton is used

for the detention of people who are awaiting 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 as if they were unconvicted prisoners. 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 reason for concern about his treatment, I hope he will

not feel constrained from using the established procedures

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