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'MAY 14 '92 19:58 CLIFFORD CHANCE HK 852 8104708
P.6
87.
88.
magistrate
23
On the 1st of August 1989 I met again with M. Siméon and his associate Ms. Diane Hayderi. They told me that they had arranged a meeting with M. Chauvy on the next day. They advised that Madame Nicole Charoy of the Ministry of Justice had furnished them with a copy of the 1927 Act setting out the law relating to the extradition of foreigners.
(Annexure "F")
They said they had been advised that the 1876 convention did not strictly deal with the judicial phrase and that the 1927 law compliments as is necessary the Convention in this regard.
Fourth Meeting With Advocat Général (Chauvy) - 02.08.89
89.
90.
On the 2nd of August 1989 M. Siméon and I met with M. Chauvy at the Palais du Justisice. M. Chauvy confirmed that, when dealing with extraditions from France, the Convention of 1876 should be read in combination with the 1927 law. He said the Treaty is merely administrative and sets out the extraditable offences. He said the law of 1927 governs the procedure and that it was that law that governed essentially the judicial approach. He advised that the Consell D'etat had found, in relation to foreign state extradition, the only offences that were regarded as extraditable were those listed in the Treaty. To that extent the Treaty read down the 1927 Act. He said the 1927 Act itself was concerned with a more general class of
offences.
Chauvy confirmed that the qualification of the Hong Kong offences as theft was incorrect. He said they amounted to abus de confiance and escroquerie. He said that Mr. Saniman was an "administrateur" (director) and had a mandate to deal with monies in a certain way. He was satisfied the title and position of Saniman was clearly set out in the witness statements and was
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