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conveying a "gracious request" prepared by the Hong Kong
Government to the French authorities. We have consulted our
Departmental Legal Adviser, who agrees.
Background and Argument
3.
The Government of Hong Kong are seeking the extradition
from France of Dr Rais Bin Saniman to face charges in Hong
Kong in connection with a fraud case involving Bumiputra
Malaysia Finance Ltd (BMFL). This is the same alleged fraud
which involves Mr Lorrain Osman (who is on remand here
resisting extradition to Hong Kong). This is the largest
fraud case ever in Hong Kong. The Attorney General is
therefore under pressure to show that he has left no stone
unturned in his efforts to secure extradition of the
defendants.
4.
Hong Kong have been pursuing this case through the
French courts since 1986. The Court declined in November
1987 to make an order for Saniman's return and set him free.
In 1990 the Hong Kong authorities made a second request and
in October that year the Chambre d'Accusation recommended Dr
Saniman's extradition. Dr Saniman's appeal against this
decision to the Cour de Cassation was dismissed on 30 March
1991. The papers then went to the Ministry of Justice who decided, after almost a year's delay, to overturn the extradition decision claiming that some of the charges
against Saniman were invalid under French extradition law
and that others had been rejected by the Court in 1987. Hong Kong Government, having invested heavily and won in the Courts, were greatly dismayed by this decision and dissatisfied with the cursory explanation given for it.
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