RESTRICTED
73
172402
MDHOAN 4170
RESTRICTED
FM FCO
TO IMMEDIATE PARIS TELNO 226
OF 081745Z MAY 92
INFO PRIORITY HONG KONG
69)
TOP COPY Q DIST?
ла
YOUR TELNO 365 AND HONG KONG TELNO 1190: EXTRADITION OF DOCTOR RAIS BIN SANIMAN
1.
HEAD OF HKD HELD A MEETING ON 8 MAY WITH GROSSMAN AND HARRIS FROM HONG KONG, TOGETHER WITH OTHERS CONCERNED IN THE FCO.
2. THIS WAS A USEFUL SESSION. THE HONG KONG TEAM EXPLAINED THE BACKGROUND AND EMPHASISED THE IMPORTANCE OF THE CASE TO HONG KONG: IT IS THE LARGEST FRAUD CASE EVER IN HONG KONG AND A MATTER OF SIGNIFICANT PUBLIC INTEREST.
3.
WE DISCUSSED THE OPTIONS IN THE FACE OF THE BRUSQUE DECISION FROM THE MINISTRY OF JUSTICE IN PARIS. IT WAS GENERALLY AGREED THAT ON THE BASIS OF THE AVAILABLE ADVICE THE CONSEIL D'ETAT ROUTE WAS A NON-STARTER. THE HONG KONG TEAM WERE PRETTY UNCLEAR ABOUT THE GRACIOUS REQUEST PROCEDURE AND HOW IT WORKED. IT APPEARED TO BE MORE OF A POLITICAL/ADMINISTRATIVE CHANNEL FOR THE REDRESS OF GRIEVANCES RATHER THAN A FORMAL LEGAL PROCEDURE. WE ASKED WHY IT WAS NECESSARY FOR HMG TO BECOME INVOLVED AT THIS POINT IN THE CASE.
IT EMERGED THAT THE HONG KONG TEAM HAD HAD INFORMAL ADVICE FROM UK COUNSEL THAT A GRACIOUS REQUEST WOULD CARRY MORE WEIGHT IF IT WAS CONVEYED BY HMG ON HONG KONG'S BEHALF. THIS IS APPARENTLY THE VIEW OF HONG KONG'S FRENCH LEGAL ADVISERS AS WELL. IT IS APPARENTLY NOT/NOT A LEGAL REQUIREMENT (DESPITE REFERENCES BY THE FRENCH LAWYERS TO THE UK/FRANCE EXTRADITION TREATY).
4.
HEAD OF HKD CONCLUDED THAT WE HAD A POLITICAL INTEREST IN SUPPORTING HONG KONG'S EFFORTS TO SEEK ADMINISTRATIVE REDRESS IN FRANCE GIVEN THE SIGNIFICANCE OF THE CASE. HE SAW NO DIFFICULTY IN PRINCIPLE, SUBJECT TO YOUR VIEWS, WITH HMG SHOWING THAT SUPPORT BY CONVEYING A GRACIOUS REQUEST PREPARED BY THE HONG KONG GOVERNMENT AND ITS LEGAL ADVISERS TO THE FRENCH
* AUTHORITIES. BUT THIS SHOULD BE SEEN AS A GESTURE OF POLITICAL
SUPPORT, NOT ANY SUGGESTION THAT FRANCE HAD BREACHED THE UK/FRANCE EXTRADITION AGREEMENT. WE HAD NO REASON TO ESCALATE
PAGE
RESTRICTED
1
HILD 38411
Zb
No comments yet.
Private notes are available after approval.