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RECI:
FM PARIS
TO PRIORITY HONG KONG
TELNO MISC 122
OF 311215Z MARCH 92
INFO PRIORITY FCO
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HKD 384/1
OTA
042112 MDLIAN 5676
ri
T?
(57)
гв
(OSMAN)
MY TELNO MISC 117: DR RAIS BIN SANIMAN
1.
WE ARE AWAITING CONFIRMATION FROM THE MINISTRY OF JUSTICE, BUT YOU MAY LIKE TO KNOW THE ADVICE OUR LEGAL ADVISER HAS GIVEN:
'IF THE HONG KONG GOVERNMENT WANTS TO APPEAL AGAINST THE MINISTRY OF JUSTICE DECISION THEN THEY MAY DO SO TO THE CONSEIL D'ETAT WITHIN TWO MONTHS OF THAT DECISION BEING GIVEN. BUT THE CONSEIL D'ETAT WOULD NOT RULE ON THE MERITS OF THE CASE, ONLY ON THE QUESTION OF WHETHER THE MINISTRY OF JUSTICE HAD EXCEEDED ITS POWERS IN REACHING ITS DECISION. A LAWYER QUALIFIED TO DO SO WOULD HAVE TO BE BRIEFED TO PRESENT AN APPEAL TO THE CONSEIL D'ETAT.'
BUT GIVEN THE SHORT LAWYERS TO START WORKING
2. TO THE UNTRAINED EYE, THE TERMS OF THE APPEAL PROCEDURE APPEAR TO OFFER LITTLE CHANCE OF SUCCESS. DEADLINE, IT MIGHT BE AS WELL TO GET YOUR ON THIS.
FERGUSSON
YYYY
ΜΑΙΝ
29
HKD
WED
CONSULAR D
NNNN
DISTRIBUTION
29
NEWS D
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