14-MAY-1992 10:32
BRITISH EMBASSY PARIS
'ax reçu de : 33 1 44 85 52 00
'92-05-13 23:59 CLIFFORD CHANCE PARIS 1 44055200
CXK/007/MEG/378/2515.013
FREE TRANSLATION
16 1 42 66 91 42 P.05
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P.2/10
DRAFT
The decision to refuse to extradite Mr. Raïs Saniman notified on 21st March 1992 by the French Ministry of Foreign Affairs to the British Embassy in Paris may cause serious difficulties and an irremediable loss for the Requesting State. In addition, the examination of the decision of the French Government, from a legal point of view, especially if one takes into account that of the result in of "Chambre d'accusation"
the
should Court of Versailles,
reexamination of the case.
For these reasons, the French government is hereby requested to reexamine its initial position, in view of the following observations:
I
STAKES
The non-extradition of Mr. Rais Saniman assuredly prejudices the Requesting State. It is indeed an established fact that Mr. Saniman was at the centre of a material series of financial offenses, which constitute the largest
financial scandal ever in Hong Kong.
1. The gravity of the facts, the high position of the accused and indeed the pivotal role he played make 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 him 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
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