HC Deb 03 March 1994 vol 238 cc827-9W
Mr. Alex Carlile

To ask the Secretary of State for the Home Department why he removed Mr. Lorrain Osman from Brixton prison on 12 December 1992 and placed him on a flight to Hong Kong without any notice to, and entirely without the knowledge of, his legal advisers; and if he will make a statement.

Mr. Maclean

After protracted legal proceedings in this country lasting for seven years, Mr. Osman was extradited to Hong Kong on 15 December 1992—not 12 December —to face serious charges, to certain of which he subsequently pleaded guilty. He was returned to Hong Kong on the day on which the House of Lords finally dismissed his ninth application for habeas corpus, at which time there were no further proceedings outstanding. Throughout the proceedings, Mr. Osman's legal representatives were kept well aware of the Secretary of State's intention to surrender him as soon as there was no longer

any legal impediment to his removal. They were notified by the House of Lords as soon as his final petition was refused; and they would have been aware that, with no further legal bar to surrender, steps would immediately be taken to return him to Hong Kong.

Mr. Alex Carlile

To ask the Secretary of State for the Home Department why the Secretary of State for the Home Department, in considering whether to order the extradition of Mr. Lorrain Osman to Hong Kong on 15 June 1992, refused the request of Mr. Osman's legal advisers that he should personally inspect documents which had been the subject of claims by the Foreign and Commonwealth Office for non-disclosure on public interest immunity grounds; and if he will make a statement.

Mr. Maclean

Disclosure of the documents which were subject to public interest immunity certificates was sought by Mr. Osman in various habeas corpus applications. The High Court did not accept that they were relevant to the arguments which he was seeking to advance. The Secretary of State therefore saw no reason to inspect the documents himself before issuing his surrender warrant. His decision to order surrender was upheld by the High Court in subsequent judicial review proceedings initiated by Mr. Osman.

Mr. Alex Carlile

To ask the Secretary of State for the Home Department why the Secretary of State for the Home Department cancelled the appointment which he had made with a cross-party delegation of hon. Members who wished to make representations to him on 15 June 1992 against extraditing Mr. Lorrain Osman; and if he will make a statement.

Mr. Maclean

On 10 June 1992, my right hon. and learned Friend the Member for Ruchcliffe (Mr. Clarke) agreed to see a number of hon. Members on 16 June 1992 about Mr. Osman's case, which was then pending before the House of Lords. The hon. Members gave no indication that they were then acting on behalf of Mr. Osman; and his solicitors had stated that, apart from a covering letter from Mr. Osman, the representations submitted by them on 12 June 1992 were complete. In those circumstances, the Secretary of State saw no reason to delay making an order for return and he signed a surrender warrant on 15 June 1992. Mr. Osman's solicitors had indicated that if a surrender warrant was signed they would seek a judicial review of the decision. The meeting with the hon. Members was cancelled because the Secretary of State considered that in the circumstances then obtaining, it would serve no useful purpose.