'MAY 14 '92 19:49 CLIFFORD CHANCE HK 852 8184708
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advised that the new documents we had furnished to M. Monnet were sufficient to invoke new facts and that it was not necessary for us to place further evidence or documents before the French Courts.
Chauvy said that a good summary of the evidence annexing that documentation was required. He felt that together with the statements that would be sufficent. He said we should also explain clearly in our new request the situation in UK and Hong Kong relating to the other co- conspirators because this would influence and impress the French Courts.
In relation to the first request for Saniman, M. Chauvy said that the Hong Kong Government had relied on offences of theft and falsification of documents. He said that in order to be extraditable in France the offences would have to so qualify under both the 1876 Treaty and the French Code Penale. He said the facts initially relied on against Saniman could not be qualified under French law as theft because it is not possible under French law to steal a chose in action. He stated that theft was defined as the appropriation of tangible assets. It became apparent to me that the Court, in hearing the earlier request, had decided that BBMB had lent money to BMFL for on-lending to customers. The Court obviously decided that Saniman was alleged to have stolen the monies lent by BBMB to BMFL or in reality the chose in action that arose between the banks as a consequence of
the transaction.
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Chauvy said that the Chambre on the hearing of the first request also attempted to qualify the conduct or facts as misuse of company assets (abus de biens sociaux) or breach of trust (abus de confiance). The Court however rejected this line of argument because under Article 408 of the French Code Penale the breach of trust was defined as a misappropriation of funds or goods which are received under a contract of hire, as a deposit, under power of attorney, under a contract of pledging or, as a loan of (not fungible)
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