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PUS TALKS IN LONDON WITH M. SERGE BOIDEVAIX (SECRETARY GENERAL AT QUAI D'ORSAY): 7 DECEMBER 1992
PENDING EXTRADITION CASE:
Background
1.
SANIMAN
The Hong Kong Government (HKG) seek the extradition from France of Dr Rais Bin Saniman (a Malay national) to face charges of conspiracy to defraud and accepting corrupt payments on a massive scale involving Bumiputra Malaysia Finance Ltd (BMFL). This is the same fraud case which involves Mr Lorrain Osman, who is still on remand here resisting extradition to Hong Kong.
2. The Hong Kong Attorney General has written to the FCO asking for high level assistance with the French over the extradition from France of Dr Saniman.
3.
We approached the Attorney General to suggest that he raise this matter during a call on the French Minister of Justice (in November). The Attorney General chose not to raise the matter. Although he recognised the difficulties facing HKG, he felt that raising Saniman would seriously complicate representations he was to make on another extradition case (Akbar).
4.
The HKG have been pursuing the case of Dr Saniman through the French courts since 1986. The Chambre d'Accusation declined in November 1987 to make an order for Dr Saniman's return and released him. The Chambre d'Accusation recommended Dr Saniman's extradition in October 1990 in response to a second request from HKG. Dr Saniman's appeal against this
decision to the Cour de Cassation was dismissed on 30 March
But the Ministry of Justice decided, in February 1992 to overturn the extradition decision. (They claimed that some of the charges against Saniman were invalid under French extradition law).
5.
The Hong Kong Government, having won in the Courts, were dismayed by this decision and dissatisfied with the cursory explanation given for it. Their French lawyers told them that the only way to reopen the case was through a procedure known as a "Gracious Request" ("Recours Gracieux") to the French government. Given the importance of the case to Hong Kong and possible difficulties regarding Hong Kong's status in French eyes, FCO Ministers agreed to support Hong Kong's efforts to seek administrative redress in France. The "Recours Gracieux" - a request for a form of administrative review - was lodged with the French authorities on 19 May on behalf of HMG and HKG. This was effectively rejected (failure to reply constitutes such a rejection). The only step remaining to HKG was to "seize" (take the case to) the Conseil d'Etat.
French
PUSbriefing.dbj
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