TNAG-2389-FCO40-3471-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 199

Reference:

A

-

CONFIDENTIAL

Draft letter from the Prime Minister to

Dr Mahathir

Background

1.

/

His case

Lorrain Osman a Malaysian citizen is the subject of an extradition request made by the Government of Hong Kong under the Fugitive Offenders Act 1967, since replaced in almost identical form by the Extradition Act 1989.

continues to attract public interest. He faces serious

charges in Hong Kong: conspiracy to defraud, conspiracy to

steal, bribery, theft and fraudulent false accounting,

arising from dealings amounting to some US$800 million of a

deposit-taking company, which was a subsidiary of a major

Malaysian Bank. Osman was a director of both the Bank and its subsidiary.

2.

In June 1987, after a hearing lasting 66 working days,

Osman was committed to custody by the Chief Metropolitan

Stipendiary Magistrate for surrender. The Home Secretary cannot surrender the fugitive while any appeal proceedings are pending.

3. Osman has made four such applications and subsequent

appeals to the House of Lords. All have failed. A fifth

application is outstanding. Osman brought court proceedings

in Hong Kong and Malaysia to try to stop his extradition

from the UK. Osman made three applications for bail. The first was refused in June 1986, the second in July 1989 and

the third in October 1989. He made two applications to the European Commission of Human Rights. The first was rejected

in March 1989. The second was deemed inadmissable in March

1991.

4.

The reason that this case remains unresolved is because of Osman's continuing litigation over many years here, in Malaysia and Hong Kong. He is a law graduate.

MTHAUF/2

CONFIDENTIAL