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TELNO 996
OF 071451Z OCTOBER 93
INFO IMMEDIATE HONG KONG
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... HKD 384/1.
12 OCT 1993
133660
MDHIAN 8324
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MY TELNO 969: EXTRADITION TO HONG KONG FROM FRANCE OF SANIMAN
SUMMARY
1.
MEHAIGNERIE DECIDES NOT (NOT) TO PREVENT THE SANIMAN CASE GOING TO THE CONSEIL D'ETAT ON 8 OCTOBER. IF CONSEIL D'ETAT DECIDES CASE IS INADMISSIBLE, HE IS READY TO EXTRADITE SANIMAN PROVIDING ONE LEGAL POINT CAN BE RESOLVED. IF CONSEIL D'ETAT DECIDES IN OUR FAVOUR, EXTRADITION WILL GO AHEAD, SUBJECT TO APPEAL.
DETAIL
2.
I CALLED ON GAEREMYNCK (DEPUTY DIRECTOR OF THE CABINET OF THE FRENCH MINISTER OF JUSTICE, MEHAIGNERIE) ON 7 OCTOBER.
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GAEREMYNCK SAID THAT MEHAIGNERIE HAD DECIDED NOT (NOT) TO PREVENT THE CASE GOING TO THE CONSEIL D'ETAT ON 8 OCTOBER, AS HE COULD HAVE DONE BY DECIDING FOR OR AGAINST EXTRADITION. THERE WERE TWO REASONS:
(A) THE CASE WOULD INEVITABLY HAVE COME BEFORE THE CONSEIL D'ETAT HAD MEHAIGNERIE DECIDED IN ONE PARTY'S FAVOUR, SINCE THE OTHER PARTY WOULD HAVE APPEALED TO THE CONSEIL D'ETAT.
(B) THERE WAS A TECHNICAL LEGAL POINT ON WHICH THERE WERE CONFLICTING OPINIONS FROM FRENCH COURTS AND ON WHICH MEHAIGNERIE WOULD WELCOME A CONSEIL D'ETAT VIEW: DID SANIMAN'S ALLEGED CRIME CONSTITUTE AN EXTRADITABLE OFFENCE AS DEFINED BY THE FRANCO-BRITISH EXTRADITION TREATY? THE JUSTICE MINISTRY VIEW REMAINED AS SET OUT IN THEIR PAPER SUBMITTED TO THE CONSEIL D'ETAT: SANIMAN'S ACTS WERE NOT THE CAUSE OF FRAUD BUT AN ATTEMPT A POSTERIORI TO COVER IT UP, AND A POSTERIORI COVER-UP DID NOT CONSTITUTE AN EXTRADITABLE OFFENCE. I ARGUED THAT THE EXACT CHRONOLOGY WAS THE KEY ISSUE, AND THAT SANIMAN DID INDEED SET UP SOME FRONT COMPANIES BEFORE ALL THE FUNDS HAD BEEN DIVERTED. GAEREMYNCK ACKNOWLEGED THIS COULD BE VITAL FOR THE DELIBERATIONS OF THE CONSEIL D'ETAT. IN ANSWER TO A QUESTION, HE ASSURED ME THAT THE DELIBERATIONS OF THE CONSEIL
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