RESTRICTED
Background
PENDING EXTRADITION CASE: SANIMAN
1.
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 was extradited to Hong Kong last month from the UK.
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. If there is time, it would be helpful for Sir J Coles to raise this with Mr Levitte.
3.
We asked the Attorney General to raise this matter during a call on the French Minister of Justice (in November). He chose not to do so because it might have complicated representations he was to make on another extradition case (Akbar). We then suggested that the PUS might raise it with the Secretary-General of the Quai d'Orsay during their talks in London on 7 December. In the event there was no time.
4. The HKG have been pursuing the case of Dr Saniman through |
the French courts since 1986. The Chambre d'Accusation declined HKG's request in November 1987 and released Saniman. But in response to a second request in October 1990, The Chambre recommended Saniman's extradition. His appeal against this decision to the Cour de Cassation was dismissed on 30 March 1991. But the Ministry of Justice decided, in February 1992 to overturn the extradition decision. (They claimed that some of the charges were invalid under French extradition law).
5. The Hong Kong Government's French lawyers told them that the only way to reopen the case was through a procedure known as a "Gracious Request" ("Recours Gracieux"- a request for a form of administrative review) to the French government. The "Recours" was lodged on 19 May on behalf of HMG and HKG, but was rejected. The only step remaining to HKG was to take the case to the Conseil d'Etat. Accordingly, a "Summary Application" was filed on 12 November. HKG's lawyers now have 4 months during which to prepare and file a full submission.
Defensive points
6.
Although individuals facing extradition often appeal against the decision to the Conseil d'Etat, we are advised that this is the first time that a government has applied to the Conseil d'Etat to enforce an extradition. This approach
levitte.NAT.JRB
RESTRICTED