TNAG-2390-FCO40-3472-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 17

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HOME OFFICE

Queen Anne's Gate London SW1H 9AT

Direct line 01-273

Switchboard 01-273 3000

J Morris Esq

Hong Kong Department

FCO

Whitehall

LONDON

SW1 2AH

Please reply to The Under Secretary of State

Your reference

Our reference

Date

18 March 1991

Dear

OSMAN

да

I enclose a copy of representations against extradition which have recently been submitted on Osman's behalf to the Home Secretary. Although the Home Secretary can take no action on the case at the moment because of the effect of the lodging of Osman's fifth application for habeas corpus, we are nevertheless preparing an analysis of the representations.

They contain little new. We have however, asked the Hong Kong Government, through McFarlanes who act on their behalf, for an undertaking that they will comply with the speciality provisions of the Extradition Act 1989. It is our standard practice to obtain such assurances in cases arising under the 1989 Act. Although it can be argued that such an assurance is not necessary in this case because it began under the Fugitive Offenders Act 1967, we believe that it would be tactically advantageous to obtain an undertaking so that the matter is beyond doubt.

If there are any matters in the representations on which you have any comments, we should be glad to receive them. wonder in particular whether you have any observations relating to the effects of the Basic Law. We were provided with some useful background information in a letter of 22 March last year from Pamela Major to Ray Smith, but I do not know whether it is up-to-date.