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RECEN

19 OCT 1993

RESTRICTED

FM PARIS

TELNO

TO IMMEDIATE FCO

1006

OF 081911Z OCT

:STRY

on Tower

INFO IMMEDIATE HONG KONG

RESTRICTED

in Woodrow

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1116 A1ST.

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140046

MDHIAN 8551

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Bu 290 29/10.

FROM FRAM

MY TELNO 996: EXTRADITION TO HONG KONG FROM FRANCE OF SANIMAN

SUMMARY

1.

EXCELLENT OUTCOME: CONSEIL

CONSEIL D'ETAT HEARS SANIMAN CASE. D'ETAT LIKELY TO DECIDE IN OUR FAVOUR. WE INTERVENE WITH JUSTICE AND INTERIOR MINISTIES TO TRY TO REDUCE RISK OF SANIMAN'S FLEEING FRANCE.

DETAIL

2.

THE CONSEIL D'ETAT MET IN FORMAL SESSION THIS AFTERNOON

8 OCTOBER TO HEAR THE SANIMAN CASE.

3.

AFTER THE RAPPORTEUR SET OUT THE MAIN FACTUAL POINTS, OUR LAWYER MME MASSE PUT OUR CASE. IN PARTICULAR SHE:

=

ASSURED THE CONSEIL D'ETAT OF THE FAIR TREATMENT SANIMAN WOULD RECEIVE WERE HE TO RETURN TO HONG KONG, AND THE STANDARDS OF HONG KONG JUSTICE.

- SET OUT OUR ARGUMENTS OF FACT, IN PARTICULAR THAT SANIMAN HAD SET UP SOME FRONT COMPANIES BEFORE ALL FUNDS HAD BEEN DIVERTED, AND THAT THEREFORE HE HAD COMMITTED A FRAUD AS DEFINED BY FRENCH LAW WHICH WAS EXTRADITABLE UNDER THE FRANCO-BRITISH EXTRADITION TREATY.

ARGUED WHY OUR APPEAL TO THE CONSEIL D'ETAT WAS ADMISSIBLE. DEALT WITH SOME OF THE TECHNICAL POINTS THAT SANIMAN'S LAWYERS HAD RAISED IN WRITING (EG ROLE OF THE GOVERNOR OF HONG KONG IN INTERNATIONAL AFFAIRS, FORM OF EMBASSY NOTE VERBALE SEEKING EXTRADITION ETC).

4.

SANIMAN'S LAWYER SPOKE NEXT. AFTER UNNECESSARY SIDESWIPES ON THE NATURE OF BRITISH AND HONG KONG JUSTICE, HE:

CLAIMED THAT SANIMAN WAS BEING MADE A SCAPEGOAT FOR CRIMES COMMITTED BY OTHER MEMBERS OF THE TAN GROUP.

ARGUED THAT THE CASE WAS NOT ADMISSIBLE IN THE CONSEIL D'ETAT. REPEATED SOME OF THE TECHNICAL ARGUMENTS IN HIS WRITTEN PAPER TO

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