TNAG-2956-FCO40-4233-Hong-Kong-trial-of-Lorrain-Osman--Malaysian-businessman-1993 — Page 37

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(B) THE PROCEDURE PROVIDED FOR BY ENGLISH LAW DOES NOT PERMIT, IN THE CASE OF A REQUEST FOR EXTRADITION FROM THE UNITED KINGDOM, THE SECRETARY OF STATE TO EXECUTE THE WARRANT OF SURRENDER UNTIL ALL THE RELEVANT APPEALS ARE CONCLUDED OR THE TIME FOR MAKING SUCH

APPEALS HAS EXPIRED.

(C) IN THE CASE OF MR OSMAN THERE WERE TEN APPLICATIONS FOR HABEAS CORPUS. OF THOSE THE SECOND, THIRD, SIXTH, SEVENTH, NINTH AND TENTH APPLICATIONS WERE FILED BEFORE THE PREVIOUS APPLICATIONS HAD BEEN

FINALLY DETERMINED. THE FOURTH AND FIFTH APPLICATIONS WERE FILED THE DAY IMMEDIATELY FOLLOWING THE DISMISSAL BY THE HOUSE OF LORDS OF APPLICATIONS FOR LEAVE TO APPEAL AGAINST THE DIVISIONAL COURT'S DISMISSAL OF THE THIRD AND FOURTH APPLICATIONS RESPECTIVELY.

(D) IN THE CASE OF THE EIGHTH APPLICATION, THIS WAS FILED ON THE TUESDAY (16 JUNE 1992) FOLLOWING THE DISMISSAL BY THE HOUSE OF LORDS OF THE APPLICATION FOR LEAVE TO APPEAL AGAINST THE REFUSAL BY THE DIVISIONAL COURT OF THE SEVENTH APPLICATION ON THE PRECEDING THURSDAY (11 JUNE 1992) AND THE SIGNING OF THE WARRANT BY THE SECRETARY OF STATE ON THE MONDAY (15 JUNE 1992). THE DECISION OF

THE SECRETARY OF STATE TO SIGN THE WARRANT WHEN HE DID WAS ITSELF THE SUBJECT OF AN APPLICATION FOR JUDICIAL REVIEW.

IT IS THEREFORE APPARENT THAT IT WAS NOT OPEN TO THE PROSECUTING AUTHORITIES IN HONG KONG AT ANY STAGE DURING THE HABEAS CORPUS PROCEEDINGS TO DO ANYTHING WHICH WOULD HAVE RESULTED IN OSMAN BEING RETURNED TO THE JURISDICTION OF HONG KONG AT AN EARLIER DATE.

IT FOLLOWS THAT MR BOWRING'S CRITICISM THAT THE PROSECUTION WAS DILATORY IS COMPLETELY WITHOUT FOUNDATION.

3. WE WOULD APPRECIATE ANY COMMENTS YOU MAY HAVE. WE WOULD LIKE TO SEND THE LETTER BY THURSDAY 5 PM HONG KONG TIME.

PATTEN

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