19-10-1993 12:22
BRITISH EMBASSY PARIIS
42 66 91 42
P.07
Having regard to the statute of 10 March 1927;
Having regard to the ordinance n° 45-1708 of 31 July 1945, the Decree a° 53-934 of 30 September 1953 and the Law n° 87-1127 of 31 December 1987;
Having heard in public hearing:
the report of M. Errera, Counsellor of State,
the observations of S.C.P. Masse-Dessen, Georges, Thouvenin, advocate of the United Kingdom of Great Britain and Northern Ireland and of the Governor of the Crown Colony of Hong-Kong, and of Mr Ryziger, advocate of Mr Rais Bin Saniman,
the submissions of Mr Vigouroux, Commissaire du Gouvernement;
On the jurisdiction of the administrative courts
Considering that the decision refusing a request for extradition is detachable from the carrying out of the diplomatic relations of France with the requesting State; therefore, the administrative courts have jurisdiction to entertain the recourse;
On the jurisdiction of the Conseil d'État as court of first and last resort:
Considering that the refusal made against a request for extradition is applicable beyond the territorial field of jurisdiction of an administrative tribunal [lower administrative court); therefore, in compliance with article 2-3 of the Decree of 30 September 1953, the Conseil d'État has jurisdiction as court of first and last resort to entertain the recourse;
On the entertainability of the recourse
Considering that the decision of the Minister of Justice was taken upon the gracious request made jointly in the names of the Government of the United Kingdom of Great Britain and Northern Ireland and the Governor of the Crown Colony of Hong-Kong; that the plaintiffs have an interest which gives them the capacity to challenge the refusal made against their request by the Minister of Justice; that the request had not to be preceded by any other action before the Prime minister; that it could be presented by an advocate in the Supreme Courts [avocat aux Conseils]; that it follows that the Minister of Justice and Mr Saniman are not right in arguing that it could not be entertained.
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40'd
00 ZS SØ ÞÞ I EE
BONUHO GHOST
LS:&T £661-01-ST