HC Deb 07 February 1990 vol 166 cc698-700W
Mr. Sheerman

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will now make a statement on the future of Lorrain Osman.

Mr. John Patten

I have been asked to reply.

Mr. Osman is the subject of an extradition request from Hong Kong and has been committed for return there. The delay in his return reflects both the complexity of the case and the series of appeals which Mr. Osman has made against his extradition, since the law provides that a fugitive cannot be surrendered while proceedings on such appeals are pending. The sequence of events demonstrates how it is Mr. Osman's own use of the appeal channels open to him which has led to his substantial period in prison:

6 December 1985

  • Mr. Osman arrested on provisional extradition warrant.

7 December 1985

  • Mr. Osman remanded in custody.

24 January 1986

  • Home Office issued authority to Bow street magistrates to proceed with extradition case under Fugitive Offenders Act 1967, in respect of an arrest warrant issued in Hong Kong on 20 January 1986.

25 April 1986

  • Further warrant of arrest issued in Hong Kong in respect of 43 offences.

13 May 1986

  • Second authority to proceed issued superseding the authority to proceed of 24 January 1986.

27 May 1986

  • Committal proceedings began at Bow street.

1 June 1987

  • Bow street magistrates committed Mr. Osman to await the Home Secretary's order for surrender to Hong Kong.

9 June 1987

  • Application by Mr. Osman for writ of habeas corpus to have the magistrate's decision set aside.

30 June 1987

  • Complaint to European Commission of Human Rights.

30 March 1988

  • After four weeks hearing Divisional Court dismissed application for writ of habeas corpus.

29 April 1988

  • Divisional Court refused leave to appeal to House of Lords.

13 May 1988

  • Mr. Osman petitioned House of Lords direct for leave to appeal and made second application for writ of habeas corpus on grounds of diplomatic immunity.

14 July 1988

  • Petition to House of Lords rejected.

21 October 1988

  • Divisional Court hearing of second application for writ of habeas corpus.

21 December 1988

  • Divisional Court dismissed second application for writ of habeas corpus.

14 February 1989

  • Divisional Court refused leave to appeal to the House of Lords.

24 February 1989

  • Mr. Osman petitioned House of Lords direct for leave to appeal.

13 March 1989

  • European Commission declared inadmissible Mr. Osman's complaint under the European Convention on Human Rights.

4 May 1989

  • Court of Appeal, Hong Kong, quashed the arrest warrant issued in Hong Kong on 30 November 1985, on the ground that it had been vitiated by bias.

9 May 1989

  • Mr. Osman's solicitors sought adjournment of their petition for leave to appeal to the House of Lords and gave notice of their intention to make a third application for habeas corpus because of the quashing in Hong Kong of the warrant of 30 November 1985. and the issue of a diplomatic note by the Liberian Ambassador relating to Mr. Osman's claim of diplomatic immunity.

6 June 1989

  • The High Court granted leave to apply for a third writ of habeas corpus.

26 July 1989

  • The Divisional Court refused Mr. Osman's application for bail.

26 September 1989

  • Application for judicial review deferred to start of habeas corpus proceedings which were due in the Divisional Court on 3 October.

4 October 1989

  • Judicial review proceedings began, to be followed by habeas corpus proceedings on the question of what constituted "relevant offences" for the purposes of Mr. Osman's extradition.

5 October 1989

  • Application for independent inquiry refused. Application for bail refused. Case adjourned to 19 October.

26 October 1989

  • The Divisional Court adjourned for judgment on both judicial review and habeas corpus proceedings.

17 November 1989

  • The Divisional Court dismissed Mr. Osman's applications for judicial review and habeas corpus. The Court decided that Mr. Osman had been lawfully arrested and there had been no dishonesty or abuse of process. It also decided that all of the charges faced by Mr. Osman were relevant offences for the purposes of extradition, although it was agreed that a phrase objected to in the wording of one charge would be deleted.

5 December 1989

  • The Divisional Court refused leave to appeal to the House of Lords.

15 December 1989

  • Mr. Osman lodged a further petition for leave to appeal to the House of Lords direct, against the Divisional Court's judgment on the third habeas corpus application.

1 February 1990

  • Mr. Osman's outstanding petitions for leave to appeal to the House of Lords were refused by the House of Lords Appeal Committee.

2 February 1990

  • Mr. Osman lodged his fourth habeas corpus application.

Mr. Osman cannot be surrendered to the Hong Kong authorities until this further application has been heard.