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065363
MDHIA 1324
SUBJECT TO LONDON AND HONG KONG VIEWS, AND THE AGREEMENT OF THE ATTORNEY GENERAL, WE THEREFORE RECOMMEND THAT WE APPROACH THE MEHAIGNERIE CABINET SOON IN THE FOLLOWING TERMS:
(i)
OUR UNDERSTANDING HAD BEEN THAT THE EXCHANGE BETWEEN THE MINISTER AND THE ATTORNEY WOULD RESULT IN A FULL AND OPEN EXCHANGE OF VIEWS ON LEGAL AND POLITICAL ASPECTS OF THIS CASE;
(ii) CLEAR FROM OUR CONTACTS WITH POTOCKI THAT THIS IS NOT WHAT IS ENVISAGED BY MINISTRY OF JUSTICE OFFICIALS;
(iii) NO POINT IN PUTTING TOGETHER SERIOUS POLITICO/LEGAL TEAM AND IN HONG KONG OFFICIALS TRAVELLING HALF WAY AROUND THE WORLD, FOR A MEETING ON THE BASIS PROPOSED;
(iv) SINCE MESSAGE IS URGENT, RATHER THAN GETTING INVOLVED IN FURTHER BUREAUCRATIC ARGUMENT SUGGEST THAT THE ATTORNEY GENERAL COME TO PARIS TO PUT OUR CASE PERSONALLY TO THE MINISTER AT AN EARLY CONVENIENT DATE.,
6.
AS EVER THE PROBLEM IS TIMING. OUR CASE IS MOVING FORWARD IN THE CONSEIL D'ETAT AND MAY BE TAKEN IN JUNE. ON PRESENT FORM, IT WILL PROBABLY FAIL BECAUSE THE CONSEIL WILL NOT WANT TO CREATE A PRECEDENT WHEREBY ALL STATES, AS WELL AS EXTRADITABLE PERSONS, HAVE RIGHT OF APPEAL TO THE ALREADY OVERBURDENED CONSEIL. THE ONLY WAY TO BLOCK IT IS FOR THE MINISTRY OF JUSTICE TO RECONSIDER ITS POSITION. IS THERE ANY CHANCE THAT THE ATTORNEY COULD FIND HALF A DAY TO COME TO PARIS BEFORE THE END OF THE MONTH?. IF SO, AND IF HE COULD BE ACCOMPANIED BY THE HONG KONG ACTING PUBLIC PROSECUTOR, THAT WOULD BE IDEAL. BUT THE SIZE OF THE ACCOMPANYING TEAM FOR A MINISTERIAL EXCHANGE WOULD SELF-EVIDENTLY HAVE TO BE LIMITED.
7.
ALTHOUGH WE HAVE NOT ASKED THEIR ADVICE IN TERMS AT THIS STAGE, WE ARE SURE THAT OUR COUNSEL AND THE HONG KONG SOLICITORS HERE WOULD STRONGLY FAVOUR THIS LINE.
MALLABY
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