RESTRICTED
SECRETARY OF STATE'S CALLS DURING THE STATE VISIT TO FRANCE:
9-12 JUNE 1992
90
Background
1. The Government of Hong Kong are seeking the extradition from France of Dr Rais Bin Saniman to face charges in Hong Kong in connection with a massive fraud case involving Bumiputra Malaysia Finance Ltd (BMFL). This is the same alleged fraud which involves Mr Lorrain Osman, who is on remand here resisting extradition to Hong Kong.
2. Hong Kong have been pursuing this case through the
French courts since 1986. The Court declined in November
1987 to make an order for Saniman's return and set him free.
In 1990 the Hong Kong authorities made a second request and in October that year the Chambre d'Accusation recommended Dr
Saniman's extradition. Dr Saniman's appeal against this decision to the Cour de Cassation was dismissed on 30 March
1991. The papers then went to the Ministry of Justice who decided, after almost a year's delay, to overturn the extradition decision claiming that some of the charges against Saniman were invalid under French extradition law and that others had been rejected by the Court in 1987. Hong Kong Government, having invested heavily and won in the Courts, were dismayed by this decision and dissatisfied with
the cursory explanation given for it. Their lawyers in Paris told them that the only way in which the case could be reopened was through a procedure known as a 'Recours Gracieux' to the Conseil d'Etat which could only be conveyed to the French by HMG on Hong Kong's behalf.
3.
The
Given the importance of the case to Hong Kong (where it is a matter of significant public interest) Ministers agreed to support Hong Kong's efforts to seek administrative redress in France. The 'Recours Gracieux' was lodged with the French authorities on 19 May, and our Ambassador in Paris
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