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384/1
- 7 OCT/1993 RESTRICTING
FM PARIS
TO IMMEDIATE FCO
TELNO 969
RESTRICTED
Mr. Richefts Legal Advisers
адрес
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116152 MDHIAN 7459
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OF 3018077 SEPTEMBER 93 She should be prepared AND TO PRIORITY HONG KONG to address the pritical
MK
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82
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MY TELNO 882: EXTRADITION TO HONG KONG FROM FRANCE OF SANIMAN
SUMMARY
а
1/10.
21%
1. CONSEIL D'ETAT TO HEAR SANIMAN CASE ON 8 OCTOBER IN FORMAL
INSTRUCTIONS REQUESTED ON WHETHER OUR LAWYER SHOULD SPEAK.
SESSION.
DETAIL
2.
THE FRENCH LAWYERS REPRESENTING HMG (MADAME MASSE) AND HKG (BERTOLAS) CALLED ON US AT THEIR REQUEST ON 30 SEPTEMBER. THEY TOLD US THAT THE CONSEIL D'ETAT WOULD MEET ON 8 OCTOBER AT ITS MOST FORMAL LEVEL TO HEAR THE SANIMAN CASE.
3. MME MASSE SOUGHT INSTRUCTIONS ON ONE SPECIFIC POINT. SHE WILL HAVE THE OPTION OF ADDRESSING THE COURT DURING THE HEARING, BUT WILL NOT BE FORCED TO DO SO. IF SHE DOES, SANIMAN'S LAWYER WOULD HAVE THE RIGHT TO REPLY. THERE WOULD BE NO FURTHER DEBATE.
4.
HER ADVICE IS THAT SHE SHOULD ADDRESS THE SESSION ON THE TECHNICAL ASPECTS OF THE CASE (EG ON WHY OUR APPEAL AGAINST THE FRENCH GOVERNMENT'S DECISION NOT TO ALLOW SANIMAN'S EXTRADITION IS LEGITIMATE), SINCE THIS WILL BE CENTRAL TO THE JUDGEMENT OF THE CONSEIL D'ETAT. BUT SHE IS INCLINED NOT TO ADDRESS MORE POLITICAL QUESTIONS (SUCH AS SANIMAN'S FUTURE WERE HE TO RETURN TO HONG KONG) WHICH ARE PERIPHERAL TO THE LEGAL DEBATE. WE AGREE THIS RECOMMENDATION GRATEFUL FOR INSTRUCTIONS FROM FCO BY PHONE DESKBY 01120OZ AND ANY COMMENTS FROM HONG KONG AFTER THE WEEKEND.
5.
MME MASSE WAS RELATIVELY UPBEAT ABOUT THE CHANCES OF SUCCESS. IF THE CONSEIL D'ETAT HAD DECIDED THAT OUR APPEAL WAS NOT LEGITIMATE, IT MIGHT HAVE REJECTED IT AT A LOWER LEVEL. SINCE A DECISION IN FAVOUR OF A STATE APPEALING AGAINST A FRENCH GOVERNMENT'S EXTRADITION DECISION WOULD BE WITHOUT PRECEDENT, THE CONSEIL D'ETAT MIGHT HAVE DECIDED TO TACKLE IT AT THE HIGHEST LEVEL.
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