UNCLASSIFIED
034135
MDHIAN 7734
UNCLASSIFIED
FM HONG KONG
TO IMMEDIATE FCO
TELNO 1089
OF 060921Z JULY 1993
HKD 3843
07 JUL 1993
TOP CO Q DIST ?
INFO IMMEDIATE KUALA LUMPUR
LORRAIN OSMAN
1. YOU MAY HAVE SEEN AN ARTICLE HEADED QUOTE OSMAN: THE UNANSWERED QUESTIONS UNQUOTE WHICH WAS PUBLISHED IN LAST SUNDAY'S EDITION OF THE SUNDAY MORNING POST. WE SHALL SEND THE FULL TEXT TO YOU BY FAX LATER TODAY.
2. THE AG OF HONG KONG PROPOSES TO WRITE TO THE EDITOR OF THE SUNDAY MORNING POST IN THE FOLLOWING TERMS:-
I REFER TO THE ARTICLE BY MR PHILIP BOWRING HEADED QUOTE OSMAN: THE UNANSWERED QUESTIONS UNQUOTE, WHICH APPEARED ON THE FRONT PAGE OF SPECTRUM IN LAST SUNDAY'S EDITION OF THE SUNDAY MORNING POST (4 JULY 1993).
THERE APPEARED IN THE ARTICLE AN ALLEGATION THAT THE PROSECUTION HAD, IN SOME WAY, SOUGHT TO DELAY THE EXTRADITION PROCEEDINGS IN ENGLAND RELATING TO MR. OSMAN. IT WAS STATED THAT :-
QUOTE DILATORINESS WAS A CONSPICUOUS FEATURE OF THE PROSECUTION. THAT OSMAN WAS ABLE TO FILE SO MANY SUCCESSIVE HABEAS CORPUS ACTIONS IN LONDON WAS ITSELF ASTONISHING.
OSMAN IS A RESOURCEFUL AND INTELLIGENT MAN WITH GOOD LAWYERS AT HIS DISPOSAL. BUT THAT MAY NOT ALTOGETHER EXPLAIN WHY, UNTIL LATE LAST YEAR, HE WAS ALWAYS GIVEN JUST ENOUGH TIME TO FILE A NEW APPLICATION AFTER THE PREVIOUS ONE FAILED.
IF DELAY WAS DELIBERATE, THE MOST LIKELY CAUSE WOULD BE POLITICAL. UNQUOTE.
THE FOLLOWING POINTS NEED TO BE STRESSED:-
(A) THE RESPONSIBILITY TO ACT UPON THE DISMISSAL OF ANY APPLICATION FOR HABEAS CORPUS IN EXTRADITION PROCEEDINGS IS NOT THAT OF THE PROSECUTING AUTHORITIES IN THE REQUESTING COUNTRY BUT OF THE GOVERNMENT OF THE REQUESTED COUNTRY.
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