'MAY 14 '92 19:32 CLIFFORD CHANCE HK 852 8104708
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by French authorities and legal advisors that the offences alleged against Saniman are indeed extraditable and that, notwithstanding the unsuccessful first attempt, there were new facts to justify a second request for Saniman's extradition. In fact the Hong Kong Government only proceeded with the second request in the light of encouraging advice from the French prosecutors.
Given the above the Hong Kong is mystified as to how the Ministry of Justice can purportedly usurp the functions of the French Courts so as to in effect contradict them. The Hong Kong Government is conscious that it has taken all possible steps so as to comply with both the Treaty and the domestic French law in relation to extradition.
Notwithstanding, all these efforts by the Hong Kong Government, have been to some extent hampered by their position in the domestic proceedings in France. Unlike other jurisdictions, (1.e. Europe and the United States as well as the United Kingdom), the foreign state has no locus or right to be heard or represented in the French proceedings. Although we have, throughout, been advised by French solicitors and greatly assisted by French prosecutors, we have had to resort to diplomatic vehicles to convey our position to the French authorities and in turn the Courts. This type of approach is obviously less effective than direct representation through a qualified advocat before the Domestic Tribunal,
This situation has enabled Saniman at the hearing of the first request to totally misrepresent his position in the fraud without fear of contradiction by the Hong Kong Government and without opportunity for the Hong Kong Government to be heard in relation to his representation. The position was highlighted during the hearing at the Chambre de Accusation in the second request. Mr. Saniman's legal representatives told the Court that George Tan had been acquitted of the BMFL charges. In support of their contention they
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