CONFIDENTIAL
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the request for Saniman's extradition. Thereafter there were a number of meetings between officers of my Chambers and senior prosecutors in Paris. We were advised to engage the services of French lawyers to act on our behalf. Further to advice both from our own French lawyers and from the French prosecutors, it was agreed that the Governor of Hong Kong would present a fresh request for Saniman's extradition based upon new facts. This second request was presented to the French Government on 31 May 1990. Saniman was re-arrested on 11 June 1990 pursuant to this second request and was granted bail on 26 June 1990. A hearing took place before the Chambre d' Accusation in Versailles on 16 October 1990 and on 30 October 1990 the French Court made an Order recommending Saniman's extradition. On 12 March 1991, the French Cour d' Cassation dismissed an appeal by Saniman against the recommendation of the Chambre d' Accusation.
It was not until 13 March 1992 that we heard officially that the French Ministry of Justice has declined to follow the recommendation of the French Courts that Saniman be extradited. This decision came as a very severe blow to those responsible for the prosecution of this case. On Friday 8 May 1992 a meeting took place at the FCO between members of the prosecuting team from Hong Kong and members of the FCO including Nigel Parker to discuss what should be done to persuade the French Government to review the decision of the Ministry of Justice.
Further to advice from our own team of French lawyers and to discussions between members of the British Embassy in Paris, their lawyers and our lawyers, it was decided that we would follow a procedure known as a Gracious Request (Requete Gracieuse) in an effort to persuade the French Government to reconsider their decision. This Gracious Request appears to have borne very little fruit and we are now advised that we should take the first steps towards initiating proceedings in the Conseil d' Etat. Accordingly, a French advocate authorised to appear in the Conseil d' Etat, Madame Masse-Dessen has been instructed by both HMG and HKG to lodge an appeal in the Conseil.
We are also advised by our lawyers in France that, contemporaneously, some political pressure should be exerted by persons of high office within the British Government directed at those having the conduct of the case within French Ministry of Justice. I attach for your reference a copy of a letter recently received from our lawyers in Paris, Clifford Chance.
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