TNAG-2653-FCO40-3846-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1992 — Page 106

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The request must be presented by the person against whom the administrative decision has been taken or by a representative eg an "avocat aux Conseils" like Madane MASSE DESSEN.

We consider that in the present case, it is not necessary that the request be actually delivered or even signed by the Governor of the Colony of Hong Kong or the British Ambassador in Paris.

It can be signed and delivered by Madame MASSE DESSEN. It will obviously have more weight, however, if it is signed by the British Ambassador.

2.

Involvement of the British authorities

I acknowledge, with reference to an earlier telephone conversation with Roger Best today, that Article 16 of the Treaty of 1876 seems to permit the Governor of an overseas territory of the United Kingdom either to present directly requests for extradition or to receive directly requests made by a foreign government. We still consider that the Hong Kong Government does not have international status generally and this view seems to be shared by the French Courts as well as the French authorities who have always referred to the initial extradition request as a request presented by the British Government.

We consider that, at least in order to avoid any discussion about the Government of Hong Kong having or not locus standi in France and/or about Article 16 of the Treaty, the gracious request should be presented in the joint names of the British Government and the Hong Kong Government.

I confirm in this respect that it is sufficient, at the stage of the presentation of the request, that it be presented in the joint names of both governments without any further indication in writing about the actual involvement of the British Government. It is important, however, that the request (which is aimed only at opening negotiations with the French

XGovernment) should be followed by massive diplomatic pressure on the part

of the British Government/the British Embassy in Paris which represents internationally Hong Kong, exactly in the same manner as if this was of specific concern to the British authorities.

The only initial effect of the presentation of the "requête gracieuse" will be to indicate to the French Government that the Government of Hong Kong and the British authorities do not consider the matter closed, and to interrupt prescription. If the presentation of the request is not accompanied by diplomatic action on the part of the British Embassy (eg in particular, a request for a meeting with the relevant persons at the Ministry of Foreign Affairs) it is very likely that the French authorities will not react. Extradition matters are regarded as highly political and are in practice dealt with between the French Ministry of Foreign Affairs and the foreign Government or Embassy.

I also confirm that because the "requête gracieuse" process is not a procedural or judicial process, it is not incompatible with diplomatic pressure: on the contrary, because it is essentially an amicable process, and one requests an administrative authority to reconsider a decision already made and assumedly made with appropriate knowledge of the facts of the matter, the administrative authority would expect the applicant to submit new facts, or, where the initial conditions have not changed, to

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