TNAG-2654-FCO40-3847-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1992 — Page 33

CLIFFORD CHANCE

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7 October 1992

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TO

Roger Best/David Scott Clifford Chance Hong Kong

COPY TO

Carolyn Martin

Clifford Chance London

Michael Elland-Goldsmith

Dear Roger,

Re: Saniman

FROM

Jean-Paul Bertolas

FAX NUMBER

19 44 71 489 00 46

I report below on our meeting of 30th September 1992 with Graham Harris and our subsequent meeting with him and Mr. McGregor, the political advisor to the British Ambassador to France.

1. Meeting with Graham Harris

We first reviewed the evolution and the current status of the file.

We discussed on the implicit rejection of the Gracious Request resulting from the lapes of time after 19th September without a positive reply from the French Government. Mrs. Masse-Dessen and Professor Cohen emphasised that it was necessary to start litigation in the Conseil d'Etat in order to keep negotiating with the French authorities. We confirmed in this respect that the procedure would consist in the filing with the Conseil d'Etat. within two months from 19th September, of a short application setting out the claim of the Government of the Colony and its main reasons, which would be followed by more detailed written pleadings. We confirmed our initial opinion :

(i) it is unlikely that the Conseil d'Etat may ultimately render a decision in favour of the Government of the Colony, and

even

(ii)

if the Conseil d'Etat cancels the refusal of the French Government, the parties will only be replaced in their initial position i.e.

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