TNAG-2653-FCO40-3846-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1992 — Page 64

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MAY 14 '92 19:53 CLIFFORD CHANCE HK 852 8104708

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M. Chauvy said that until very recently it was construed as meaning that a new request made in the same matter, even with new facts, must always be rejected by the French Court. However, M. Chauvy explained that he did not agree with that construction and wrote an opinion a year ago relating to the problem. M. Chauvy's view was that definitive only means the French Minister of Foreign Affairs is bound by a negative opinion of the Court. He said that the Conseil D'etat in a decision on the 12th of June 1986 followed M. Chauvy's advice.

We also agreed as well as the transactions referred to in the initial request we At the should include the US$37.5 and US$30 million transactions. conclusion of the meeting I asked M. Chauvy if he had any objection to us referring further documentation to him for his consideration. He assured me that we could and that we could meet again to discuss the form and content

of

any new request. I then asked M. Chauvy if I prepared a case statement or summary of a case against Saniman could I furnish it to him for his consideration. He assured me that that would be appropriate and that he would be happy to meet with us afterwards to discuss the summary.

First Draft Summary

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I was involved in further litigation by Osman in the Court of Appeal in Hong Kong, the High Court of Malaysia and evidence gathering in the United States which occupied considerable time. I prepared a 70 page summary of the case against Saniman and obtained a certified translation of the summary.

In October 1988 I settled the statement which this time included loan applications and letters of approval, loan agreements, board minutes, monthly returns, guarantees and an up to date position in relation to the co- conspirators. I also qualified the offences in terms of French law namely abus de confiance and escroquerie and set out the basis of the qualification with particular regard to Chauvy's advice. I highlighted Saniman's role, the