TNAG-2651-FCO40-3844-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1992 — Page 38

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Mr Stewart, SEAD.

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The Rt Hon The Earl of Caithness

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28 January 1992

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Dean Nakedlen

When I saw you yesterday at the House of Lords I referred to the enclosed booklet about Lorrain Osman and you asked me to send you a copy. This is enclosed and perhaps you would let me have it back in due course.

I think this case has now become seriously worrying. I have of course no idea whether this man is or is not guilty. I also accept that his own legal manoeuvrings have in part led to the length of his remand. Nevertheless if the legal system in the UK and Hong Kong is such that it is impossible to bring someone to trial for six years then there is something seriously wrong with the system. It is particularly worrying, if true, and as stated at the bottom of Page 13, that even if Osman were extradited today he could not be brought to trial for a further two to three years during which the Hong Kong authorities would presumably keep him in custody. If any government is unable to get its act together for 8 or 9 years then it is surely against any concept of justice that the accused should remain in prison pending trial for this length of time.

I believe that apart from any personal injustice involved there are two particular political considerations that deserve thought:

1.

We are all concerned about how the Chinese will handle the system of criminal justice after 1997. This

This case provides a wonderful propaganda opportunity for the Chinese to say that we keep people in prison without trial for long periods for political reasons.

2.

A recent series of miscarriages of justice in this country (see Ludovic Kennedy's recent book) have

have seriously undermined public confidence in the legal system and it is common comment in the press the system is manipulated by government. This case is a propagandist's dream.

cont/...