CODE 18-77
unclassified
H of C
باشد)
تاسود
Commute & ift tel Saart by fax).
Reference
Request for Extradition Rais bin SANIMAN
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As mentioned on the telephone Mme Larsabal (Chef de Bureau du Droit Pénal International et de l'Entraide Répressive International) of the Ministry of Justice telephoned to say that our earlier understanding that Hong Kong could appeal to the Conseil d'Etat against the refusal of the request to extradite Saniman was incorrect. In fact, in the event that extradition is refused the requesting state has no right of appeal (aucune voie de recours contre un refus). I asked if we could have this in writing as it was precisely the question of the possibility of an appeal which HMCG had raised in her letter of 25 March to M. Potocki. Mme Larsabal said she would let us have a reply.
2. Apparently, appeal to the Conseil d'Etat can be made only by the individual concerned if a decret d'extradition is issued.
3. The contrôle judiciaire (i.e. regular reporting to the police) on Saniman has been lifted as the Ministry of Justice regard the case as closed.
4. I have informed Nigel Cox in HK Dept. FCO of the above and shall inform the local lawyer this afternoon.
5. I attach a draft telegram to Hong Kong.
I
Gethany
JHL Lacey
24 april 1992