13-09-16 16:26 CLIFFORD -ANCE FOR18 1 80095280
FP.
1 mention only for the record. for further discussions. that A true difficulty in this file ariges because the cffence which would aost exactly cover the actions of Mr. Sanıman is misuse of corporate assets ("abus de biens sociaux") which is not covered by the 1876 extradition treaty. The problems arising in respect of the characterisation of the actions of Mr. Saniman either as "escroquerie" or "sous de confiance" are due to the fact that Mr. Seniman was an enclover of BMFL who acted within the limits of his authority within the bank. I believe that this was briefly discussed with you two years ago at the time when the decision of the Chambre d'Accusation was referred to the Cour de Cassation and it is certainly known to the client from the discussions which took place wien ste previous advisors at the time of the presentation of the Lyyu extradition request.
The four month period of time from the presentation of the gracious request expires on Monday 21st September at midnight. It is likely that no formal decision will have then be made by the Ministry of Justice and one will therefore have to consider that the gracious request is rejected.
I have verified that it is not possible, even by mutual agreement, to extend that time period.
However, an "adninistrative decision" can always be repelled after it has been made expressly or Laplicitly.
The discussions with the Ministry of Justice can thus continue.
It may be appropriate, however, to start contentious action against an implicit decision of rejection of the gracious request (if it is made on Monday or simply happens on Monday evening with the lapse of tize) in order to keep legal remedies available to the Hong Kong Covernment and to continue to apply pressure on the Ministry of tice. The latter would indeed seez quite unwilling to have their thesis tried in the Conseil d'Etat. Such a contentious action would only be aimed at continuing discussions as we still do not believe that it could be successful at trial.
Please telephone me on receipt if you need any further information or clarification on the above (or telephone Catherine Couesse at the office).
Best regards.
Jean-Paul BERTCLAS Avocat à la Cour
(Dictated by telephone and not reviewed by him)