TNAG-2653-FCO40-3846-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1992 — Page 11

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

DE: CXK/007/MEG/JPB

lead naturally to assess the decision of the government in respect of those made by the courts which decided upon the matter before the government.

sxtradition

The abmaster of the budicial assessment relating to a racunat for

After the rejection by the "Chambre d'accusation" of the Court of Appeal of Paris of first request for extradition on 4th November 1987, the "Chambre d'accusation" of the Court of Appeal of Versailles accepted in part a second request, on 30th October 1990, in view of the new elements brought forward by the requesting Stata,

This judicial decision occupies a central place in the procedure of extradition defined in the statute of 10th March 1927. It states, in particular:

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"ON_THE_FACTS CALLED CONSPIRACY WITH A VIEN TO COMMITTING FRAUD No 5 and

Considering that the role reproached to Santaan, t... prompting of to create fictitious companies and having funds paid into the accounts of such compantas, in order for GT/CARRIAN to misappropriate such funds, can be analysed as frmid ("sacroqueries"); considering that such facts are referred to and punished by article 405 of the Criminal Code, referred to and punished by British legislation, and ultimately that the offence of fraud te provided for in article 3 of the Extradition Treaty.

Considering consequently that such facts (5 and 9), taking into account in particular the new elements that modify the initial conditions of low as regards the actual authority of Saniman within B.R.P.L. and his hierarchical authority over Jaaafar correspond, with respect to the principle of double punishment, to the conditions of the Treaty and that it is appropriate to issue an advise in favour of extradition;

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ON THE FACTS CALLED RISAPPROPRIATION OF ASSETS BY DECEPTION N° 21, 22 and

Considering that in French law, the fact for an agant, as Saniman la presently called, to have misappropriated the funds of his principal, by not

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