TNAG-2653-FCO40-3846-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1992 — Page 20

advises that it is appropriate to accept the request for extradition

presented by the British Government in the name of the Governor of

the Colony of Hong Kong against Mr. Raïs Saniman, imprisoned on 11th

June 1990, but only with respect to the counts of indictment number

5. 9. 21, 22 and 23.

For the other counts of indictment number 1, 2, 3, 4, 6, 7, 8, 10, 11, 12,

13, 14, 15, 16, 17, 18, 19, 20, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, the

Court advises that it is not appropriate to accept the request for extradition".

The recourse lodged against that decision was rejected by the Criminal

Chamber of the Cour de Cassation on 12th March 1991.

But, on 20th March 1992, the Minister of Foreign Affairs informed tha

Ambassador of Great Britain that the extradition was refused.

This is the decision which leads the Government of the United Kingdom and

the Governor of the Colony of Hong Kong to present you this request.

IL

STAKES

The

all@gally

non-extradition of Mr. Raže Saniman

Rate Saniaan assuredly prejudices the

Requesting State. -ég-indeed jhicshed-fear that Mr. Sanisan was at the

vaslat

centre of a material series of financial offenses, which constitute the largest

financial scandal ever in Hong Kong, or in the world because of the amount of

the embezzled suns (more than 800 millions US Dollars).

The gravity of the facts, the high position of the accused and indeed the

pivotal role he played nake it absolutely necessary that he should appear before the court of trial in charge of the matter. Not being able to examine him, to

compare his statements with those of the other accused, to have his cross-

examined with the witnesses and his accomplices, will seriously prejudice the

rendering of justice. This is not only of practical importance; the absence of the accused shall obviously be the reason for major procedural difficulties in

the course of the trial. As a consequence, the other persons involved in these financial offenses shall have an alternative: either they will be sentenced

without having been able to involve, in the course of a real discussion, Mr. Saniman himself; or, conversely, the need for respecting the rights of the

2