TNAG-2653-FCO40-3846-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1992 — Page 142

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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delayed extradition by making seven successive applications for a writ of habeas corpus. All seven applications have been rejected; the sixth was judged an abuse of process. Following the rejection of the seventh habeas corpus application on 28 February, Mr Osman made an unsuccessful application for leave to appeal to the House of Lords. He has since petitioned the House of Lords direct. If (as is likely) the House rejects Mr Osman's petition, the Home Office think it probable that Mr Osman will submit an eighth application for a writ of habeas corpus. A background note on Mr Osman's habeas corpus applications to date is attached. Further background to Mr Osman's seventh application is contained in Mr Rickett's submission of 20 February.

5. The Free Lorrain Osman Campaign is organised by a journalist, Kevin Cahill, who has inundated both the Home Office and the FCO (officials and Ministers) with letters about the case. Mr Cahill believes there has been a cover-up in the Osman case by HMG, the Hong Kong Government and/or the Malaysian Government. For at least a year, Mr Cahill has tried without much success to whip up media and parliamentary interest in the case. Our responses to Mr Cahill (and those of the Home Office) have always stressed that the matters which he raises are for consideration by the courts. The Home Office advise that, so long as the judicial process is continuing, we should treat Mr Cahill's allegations as sub judice.

Argument

6. The allegations in the "fact sheet" were considered and rejected by the Divisional Court in the course of Mr Osman's fourth and seventh habeas corpus applications. We should refrain from commenting on the allegations to avoid possibly prejudicing the outcome of Mr Osman's appeal to the House of Lords or of any further habeas corpus applications he might make.

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G W Hewitt

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