TNAG-2653-FCO40-3846-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1992 — Page 132

06-MAN'-1992 15:46

BRITISH EMBASS' PARIS

ERMENT HOUSE HONG KONG.

MON 04 MNY 92 07:51

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considered that this implied contradiction could place the French Authorities in a difficult position if the matter vas pursued in the Conseil d'Etat.

whether the decision which one proposes to challenge is a decision that can be held to "prejudice" ("faize grief") the Hong Kong Government: the general feeling was that, because the Hong Kong Government had lodged a request which had been rejected, it had an interest as prejudiced party in challenging the decision.

Procedure

There is no special form or procedure to follow for the presentation of a gracious request. It must take the form of a complete memorandum setting out again the facts of the case the reasons for the Hong Kong Government to ask the French Government to reconsider its position, a discussion of the reasons given by the French Government, and as mentioned above, a detailed explanation of the detrimental consequences, for the public in Hong Kong and for the other parties to the proceedings, of not having Mr. Saniman judged or heard at his trial. The request should

į propose an alternate solution to the French Government. It should

preferably be signed by the British Ambassador in France although it could be signed by Mme Masse in her capacity as avocat in the Conseil d'Etat.

It further to the presentation of a gracious request, no official reply is made by the French authorities within four months or the request is rejected, a two months period of time shall start running for lodging a contentious recourse in the Conseil d'Etat, which will also be in the form of a nemorandum as detailed as possible. The Conseil d'Etat will then decide the time schedule of the procedure. It is likely that a case of that importance shall be heard by the whole "Section du contentieux” in General Assembly, probably within two or three years.

It was agreed that Clifford Chance in Pazia would deal with the problems relating to the status of Hong Kong in conjunction with its Hong Kong and London offices whilst Professor Cohen would start reviewing the various other issues, Mme Masse being in charge, after such initial review, of drafting the request or recourse to be presented to the authorities of the Conseil d'Etat.

Joan-Paul Bertolas