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'MAY 14 '92 19:31 CLIFFORD CHANCE HK 852 8104708
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P.14
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53.
There has been an unprecedented application of resources both financial and otherwise by the Hong Kong Government to the prosecution of this case.
There is regular inquiry in the Houses of Parliament both in Great Britain and Hong Kong as to the progress of this case. This is not surprising having regard to the nature of the fraud and the money and effort applied to the case by the Hong Kong Government, but also the resistance by the accused by virtue of their financial resources. The accused have engaged in a war of attrition and are attempting to undermine the administration of justice.
The Attorney General of Hong Kong, in the proper discharge of his office on behalf of the Hong Kong Government, and consistent with the due administration of justice, must be seen to take all possible steps to bring Saniman and his co-accused to justice. The public perception of Saniman and his co-accused are able to resist and avoid trial in Hong Kong is due to their wealth and ability to misuse the system. In this way it is perceived they are quite wrongly in a privileged and different position to the ordinary criminal. The Attorney General cannot allow that perception to continue as it will only serve to undermine the public confidence in the proper administration of justice.
HISTORY OF THE PROCEEDINGS
54.
The Hong Kong Government has been persistent in its attempts to have Saniman returned from France to face his trial since 1986. It has, in consultation with French prosecutors, French lawyers and the British Embassy sought to not only to set out clearly for the French authorities the basis of their allegations against Saniman but also made every effort to ensure that the same has been communicated to the French authorities in
their terms.
55.
The decisions of the French Courts only serve to underline the advice given