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5. According to Hong Kong's Legal Advisers in Paris, 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 re-opened is through a
procedure known as a "Recours Gracieux" which loosely
translates as a "Gracious Request". This is defined as a request to annul or modify an administrative act or legal decision. Although not normally used in this kind of case, Hong Kong's lawyers are confident, on the basis of advice received from lawyers in the Conseil d'Etat, that the 'Request' is usable but that the arguments will have to be political rather than legal. The Hong Kong authorities have
also been advised that such a Gracious Request can only be
conveyed to the French by HMG on Hong Kong's behalf. The French Avocat at the Conseil d'Etat, whom they have engaged,
has confirmed that she needs a letter of authority from HMG. They have also been told that the Gracious Request must be
lodged by 20 May.
6.
Given the importance of the case to Hong Kong (where it is a matter of significant public interest), we have a political interest in supporting Hong Kong's efforts to seek administrative redress in France. This should be done in a way that is seen as a gesture of political support and should not convey any suggestion that France may have breached the UK/France Extradition Agreement. We have no evidence for that, and do not wish to escalate this into a UK/French tussle.
We
7. The Ambassador in Paris has confirmed that he is willing to call on the Vice-Foreign Minister to press the case. would look to Hong Kong to produce the substance of the Request. Our involvement would be limited to showing our support for a reconsideration of the case by the French authorities. This seems entirely warranted by the facts as
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