TNAG-2654-FCO40-3847-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1992 — Page 7

CODE 18-77

Ms Everett

ws Department

MALAYSIA/HONG KONG: LORRAIN OSMAN

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We spoke last week about interest in this case by the Financial Times. You will recall that they mentioned the fact that a public interest immunity certificate (PIIC) was issued by the FCO in the course of Mr Osman's fourth habeas

The PIIC was issued to protect from corpus application. disclosure a number of privileged documents which we

Other documents were considered irrelevant to the case. released to the court (and to the defence lawyers), and it appears that one or more of these were sent to the FT, possibly by the journalist interested in the case, Kevin Cahill.

2. The hearing in the Divisional Court of Mr Osman's ninth habeas corpus application, which opened on Monday, has just concluded. Judgment has been reserved, but is expected soon. When it comes, it should make clear whether or not the Home Secretary can proceed with the extradition of Mr Osman

Mr Cahill will almost certainly try without further delay.

to stir up media interest in the meantime, and he is likely to concentrate on the PIIC issue, which has just received a high-profile airing in relation to the Matrix Churchill case.

3. If the subject is raised with you, you should take the line that the question of the documents protected by the PIIC in the Osman case was considered fully by the court and that the grounds for the PIIC were not called into question; we have nothing further to add.

4.

You may encounter some confusion on this issue if It is clear from his Mr Cahill himself contacts you. correspondence that he does not understand the purpose of the PIIC. Mr Cahill appears to believe that the PIIC protects the documents which were released to the defence lawyers, and

These documents which they have apparently passed to him.

are in fact protected from publication by their classification, and the PIIC has no direct relevance to them.

P.S. Yanz

P Yaghmourian

South East Asian Department

11 November 1992

a Mr. Woodrow, Hid

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M. Parker, Legal Adviser

HKCD 384/1

M. Smith, C7 Division, Home Office

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