TNAG-2653-FCO40-3846-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1992 — Page 139

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MDHIAN 2944

HONG KONG TELNO 1190 TO FCO

EXTRADITION: DR RAIS BIN SANIMAN

1. WE ARE SENDING TO HKD A FACSIMILE COPY OF THE DOCUMENTS FORWARDED TO US BY THE ATTORNEY-GENERAL'S CHAMBERS IN HONG KONG, CONTAINING THEIR FRENCH LAWYERS' ADVICE AS TO HOW THEY MIGHT PURSUE THIS CASE FOLLOWING THE FRENCH MOJ'S RULING AGAINST DR SANIMAN'S EXTRADITION. WE ARE ASKED FOR OUR VIEWS.

2.

WHETHER TO OPT FOR A 'GRACIOUS REQUEST' TO THE FRENCH AUTHORITIES AS RECOMMENDED BY CLIFFORD CHANCE, MUST BE FOR HKD/LEGAL ADVISERS TO ADVISE ON. PRESUMABLY THE DEPARTMENT WILL TAKE ADVANTAGE OF THE PRESENCE OF CLIVE GROSSMAN AND GRAHAM HARRIS IN LONDON (PARA.5 OF TUR). FOR OUR PART, WE SHALL TRY TO ESTABLISH WITH THE PROTOCOL OR LEGAL DIRECTION OF THE QUAI HOW A 'REQUETE GRACIEUSE' IS NORMALLY HANDLED. CLEARLY IT IS A FAIRLY ARCANE PROCEDURE: WE HAVE NO RECORD OF EVER HAVING USED IT BEFORE. IF IT DOES LOOK LIKE A RUNNER, SOMETHING THE DEPARTMENT MAY WANT TO CONSIDER IS A LETTER FROM THE SECRETARY OF STATE TO DUMAS IN PARALLEL TO AN OFFICIAL NOTE.

3=

CLIFFORD CHANCE'S ADVICE AGAINST THE CONSEIL D'ETAT ROUTE ANTEDATED THE MOJ TELLING US THAT THE REQUESTING STATE DOES NOT HAVE A RIGHT OF APPEAL TO THE CONSEIL D'ETAT AGAINST A REFUSAL TO EXTRADITE (WE HAVE INFORMED CLIFFORD CHANCE OF THIS).

FERGUSSON

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