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10.01
5.
On
Dr Saniman was first arrested in 1987 pursuant to a Request for his extradition to Hong Kong. On 4th November 1987 the Chambre d' Accusation declined to make an order recommending extradition and Dr Saniman was discharged. Following upon discussions between lawyers for the Hong Kong Government and senior officials in France a second request for Dr Saniman's extradition was made by the Governor of Hong Kong based upon New Facts. On 30th October 1990 the Chambre d' Accusation sitting at Versailles made an order recommending Dr Saniman's extradition to Hong Kong in respect of five charges. 12th March 1991 the Cour de Cassation dismissed Dr Saniman's appeal against the order of the Chambre d' Accusation. It was not until 13th March 1992 that the British Embassy in Paris was informed of the decision of the French Ministry of Justice not to act upon the recommendation of the French courts, It was stated that that the offences were either not extradition crimes or that the second request disclosed no new elements in the case. This statement by the Ministry of Justice is wholly inconsistent with the ruling both of the Chambre d' Accusation and of the Cour de Cassation.
6.
Both the British and Hong Kong Governments wish to express grave concern at the apparent conflict between the ruling of the French courts and the position of the Ministry of Justice. Both Governments attach very great weight to the proper administration of justice and are alarmed at the prospect of a fugitive escaping the due process of law in the absence of very compelling reasons.
7.
It is in these circumstances that the Governments of Hong Kong and the United Kingdom respectfully request that the French Authorities reconsider their position in this matter and ask that they receive the attached "Requete Gracieuse".
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