UNCLASSIFIED
UNCLASSIFIED
FM FCO
TO DESKBY 170030Z KUALA LUMPUR
TELNO 398
OF 161537Z DECEMBER 92
INFO IMMEDIATE HONG KONG
FROM SEAD
139
171275
MDHOAN 6040
Osman
pa
川に
HKD 384/1
LORRAIN OSMAN:
EXTRADITION TO HONG KONG
1. OSMAN WAS ESCORTED TO HONG KONG YESTERDAY EVENING. THE HOME SECRETARY SIGNED AN ORDER FOR HIS SURRENDER ON 15 JUNE, AND THE HIGH COURT SUBSEQUENTLY UPHELD THE DECISION TO ORDER THE SURRENDER. MR OSMAN'S LATEST APPEAL WAS DISMISSED BY THE HOUSE OF LORDS YESTERDAY (15 DECEMBER) LEAVING THE WAY CLEAR FOR HIS SURRENDER TO THE HONG KONG AUTHORITIES. YOU MAY WELCOME SOME BACKGROUND ON THIS CASE PROVIDED BY THE HOME OFFICE, WHICH YOU CAN DRAW ON IN RESPONSE TO ANY PRESS ENQUIRIES. FURTHER DETAILS BY FAX.
2.
/
AFTER HIS ARREST ON 6 DECEMBER 1985, MR OSMAN WAS COMMITTED TO CUSTODY BY THE BOW STREET MAGISTRATE IN JUNE 1987. UNDER THE FUGITIVE OFFENDERS ACT 1967, SINCE REPLACED BY THE EXTRADITION ACT 1989, THE HOME SECRETARY MUST WAIT FOR A PERIOD OF 15 DAYS BEFORE SURRENDER, DURING WHICH TIME THE FUGITIVE MAY APPEAL BY WAY OF AN APPLICATION FOR A WRIT OF HABEUS CORPUS. TEN APPLICATIONS WERE MADE BY MR OSMAN. ALL FAILED, THE
MOST RECENT BEING FINALLY DISMISSED BY THE HOUSE OF LORDS ON 15 DECEMBER 1992.
3. WHEN THE UK RECEIVES AN EXTRADITION REQUEST, THE PROCEDURE IS AS FOLLOWS:
WHEN THE RELEVANT PAPERS ARE RECEIVED BY THE HOME OFFICE FROM THE REQUESTING STATE VIA THE FOREIGN AND COMMONWEALTH OFFICE, THEY ARE SENT TO THE CROWN PROSECUTION SERVICE (CPS). CPS WILL CHECK THEIR SUFFICIENCY AND ADVISE THE HOME OFFICE OF THE EQUIVALENT UK OFFENCES DISCLOSED BY THE ALLEGED CONDUCT OF THE FUGITIVE. THE HOME OFFICE THEN ISSUES AN AUTHORITY TO PROCEED, WHICH IS THE FORMAL INVITATION TO BOW STREET MAGISTRATES TO HEAR THE CASE AGAINST THE FUGITIVE. IF BOW STREET IS SATISFIED THAT THE CASE MEETS THE LEGAL REQUIREMENT, IT WILL COMMIT THE FUGITIVE TO CUSTODY OR ON BAIL TO AWAIT THE HOME SECRETARY'S DECISION AS TO
1
PAGE UNCLASSIFIED
No comments yet.
Private notes are available after approval.