06-MAY-1992
15:47
„VERMENT HOUSE HONG KONG.
BRITISH EMBASSY PARIS
16 1 42 66 91 42
P.12
MON 4 MAY 92 07:48
P3.09
4.
4.1
4.2
Se. Pry the Runne Minista, and Garde
der Sceaux
Cohen suggested, which was agreed by the other participants, that the solution would be to propose to the French Government that Mr. Saniman be either extradited to Great Britain, or extradited to Hong Kong only for the purpose of his trial, any sentence pronounced against him being served in England with proper asaurances on the part of the British Government that he would never be returned to Hong Kong especially after 1997.
The participants consider that such proposal could be at least prompt a serious examination of the request on the part of the
It is not French authorities and a possible favourable reaction. unfrequent that guarantees be requested by a government prior to deciding on extradition matters •.g., with respect to extraditiona to the U.S.A., that the relevant authorities shall not apply death penalty. Professor Cohen vas recently involved in a case of that
Assuranç sort involving the French Covernment and a 115 citizen. were given that death penalty would not be applied, and the individual was extradited.
The discussion then followed on the problems arising from uncertainties in determining the identity of both plaintiff and defendant.
The initial request for extradition was presented by the Governor of the Crown Colony of Hong Kong. The decision of the French Government, however, was notified by the Ministry of Foreign Affairs to the British Embassy in Paris and it referred to a request presented by the English Government. The applicable extradition treaty is between France and Great Britain. A recoursa, whether gracious or contentious, presented only by the Government of the Colony of Hong Kong would certainly be answered on the basis that such Government is not internationally recognised and that Hong Kong is, for international purposes, only a colony of Great Britain represented in its international relations by the British Government. 1 requested informallun va the status of Hong Kong in my fax to you of 17th April.
The participants considered that, be it only in order to avoid a lengthy debate on the status of the Colony and its rights of appearance in international matters and with respect to criminal matters, a request whether gracious or contentious should praferably be presented in the joint. names of the British Government and the Hong Kong Government.
In view of a pozzible uneasiness on the part of the British Embassy, we discussed whether an intermediate solution would be acceptable e.g. the British Goverment or the British Embassy
We concluded that acting "on behalf" of the Hong Kong Government. this would not solve the prohlam bacaune the authority of the British Government or Embassy as agent ("mandataire") would depend on the capacity of the represented party i.e. the Hong Kong Government.
We discussed to or against which authority a recourse could be presented or lodged. The decree of extradition is normally signed by the President of the French Republic: in Mr. Saniman's case, the President may have been presented willi a Juczas and have refused to sign it. The Ministry of Justice may also have
за
No comments yet.
Private notes are available after approval.