X
The French
RESTRICTED
The Yong Kong Goverment
and dissat pried
had already
with
the
was greatly dismayed by this decision
gived for it, particularly as the case
passed through the French
Dr Saniman extradited and on 30 October the Chambre
Dr. Saniman's
d'Accusation recommended his extradition. Dr Saniman's
against this decision appeal to the Cour de Cassation was dismissed on 30 March X 1991. Then after a delay of nearly a year the Ministery of
ん
that
× Justice decided to overturn the extradiťon decision daming
the charges against Saniman were invalid a 4. According to Hong Kong's Legal Advisers a requesting
state does not have a right of appeal to the Conseil d'Etat against a refusal to extradite. The only way in which this case can therefore be pursued is through a procedure known
as a "Recours Gracieux" which loosely translates as
a
"Gracious fequest". This is defined as a request to apul modify an administrative act or legal decision. Although
or
xx not normally used in these kind of cases Hong Kong's lawyers
are confident, on the basis of advice received from lawyers
Request 1
х
メ
Avocat at
the Conseil
d'Etat, whom hey have engaged,
has confined
that she needs a
fastir lette
1
in the Conseil d'Etat that the Recours is useable but that
the arguments will have to be political rather than legal.
The Hong Kong authorities have also been advised that although it is not a legal requirement a gracious Request
cara only
Such
W
would carry more weight if it was conveyed to the French by
HMG on Hong Kong's behalf. They have also been told that the Gracious Request must be lodged by 20 May.
5. The Hong Kong authorities are determined that Dr Saniman should not be allowed to go free. The fraud in which he was
involved was one of the largest ever in Hong Kong and is a
matter of significant public interest. In view of this we have a political interest in supporting Hong Kong's efforts
to seek administrative redress in France this should be done
ahonly in a way that is seen as a gesture of political support and
from HMG
should not convey any suggestion that France may have breached the UK/France Extradition Agreement, We do not wish
to escalate this into a UK/French tussle.
6. The Ambasador i Paris has confirmed that he is
willing to call on the Vice-forign Minster to fren the case.
PF Ricketts
Hong Kong Department
JH2AEY/2
Icons under
french been rejected
extradilla
law, and sther
by the cont
by
other harding alrinding
in 1987