34-05-188
11:54
BRITISH EMBASS PAPIIS
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5
He came to France where he is an expert with the O.E.C.D.
The defendant is therefore entitied to say that the Governor of Hong Kong had no authority to present a request for extradition by application of Article 16 of the Treaty. As the defendant was leaving, perfectly legally, in France, it is the procedure of Article 6 of the Treaty which should have been followed; the request for extradition should have been presented in the name of the British Government and not in the name of the Governor of Hong Kong.
As the plaintiffs did not even attempt to say that the Government of the United Kingdom of Great Britain has endorsed the request of extradition, they implicitly but necessarily acknowledge that the request for extradition was formed by the Embassy of the United Kinodom in Paris in the name of the Congeens of Unna Vama tukink
in any even
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explicitly written in the request) and emanates therefore from an incompetent authority.
de de de de d
In any event, the request for extradition has not been signed by a diplomatic agent as requested by Article 6; the new observations in reply show it from the very acknowledgment of the plaintiffs; indeed, to establish that the request for extradition would have been regularly made, the United Kingdom of Great Britain and Northern Ireland and the Governor of the Crown Colony of Hong Kong say that:
"The documents in the file and bearing the seal of the Embassy are signed by Mr. Joseph LACET first consulate cerrotary",
And the new observations in reply add:
"And therefore, a diplomatic agent"
Unfortunately, the documents are signed by a consulate agent, and are not, by definition, signed by a diplomatic agent.
Diplomatic agents are those which usually represent the States in the international relations (see Louis CAVARE, "International Law", Volume II, p. 15) whilst the Consuls and consulates' positions do not carry any political weight. Their duties are strictly administrative in nature (see N'GUYEN QUOC DAILLER and PELLET, "International Public Law", 3rd edition, no 477, p. 671); Mr. CAVARE writes: