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FM PARIS
TO DESKBY 17080OZ FCO
TELNO 813
AND TO IMMEDIATE HONG KONG
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TOP COPY Q DIST?
HKCD 384/1
100
033364
MDHIAN 9284
RAIS BIN SANIMAN
SUMMARY
1.
COUNSEL FOR BRITISH AND HONG KONG GOVERNMENTS RECOMMENDS THAT WE MAKE FIRST MOVE TOWARDS APPEALING TO THE CONSEIL D'ETAT, IN ORDER TO KEEP OUR CASE ALIVE. EARLY INSTRUCTIONS REQUIRED.
DETAIL
2.
HEAD OF CHANCERY CALLED THIS MORNING ON MADAME MASSE-DESSEN, THE CONSEIL D'ETAT LAWYER WHO IS HANDLING OUR REQUETE GRACIEUSE IN THE SANIMAN CASE. SHE DESCRIBED HER INFORMAL MEETING WITH POTOCKI AND MADAME LARSABAL OF THE MINISTRY OF JUSTICE LAST WEEK. CLIFFORD CHANCE WILL ALREADY HAVE BRIEFED HKD AND THE HONG KONG GOVERNMENT ON THE DETAILED ARGUMENTS. OVERALL, HER IMPRESSION WAS THAT THE MINISTRY OF JUSTICE OFFICIALS WOULD QUITE LIKE A TECHNICAL LET-OUT BUT HAD NOT IDENTIFIED IT, AND WERE UNLIKELY TO DO SO BEFORE THE STIPULATED PERIOD FOR A RESPONSE TO THE REQUETE GRACIEUSE ENDED ON 19 SEPTEMBER. A SILENCE AT THE END OF THIS PERIOD WOULD MEAN THAT THE REQUETE HAD NOT BEEN ALLOWED.
3.
MADAME MASSE-DESSEN SAID THAT A NUMBER OF THE QUESTIONS PUT TO HER WERE CLEARLY AN ATTEMPT TO SMOKE-OUT WHETHER THE BRITISH AND HONG KONG GOVERNMENTS WERE SERIOUSLY LIKELY TO PURSUE THIS MATTER TO ITS LOGICAL CONCLUSION, I.E. TO APPEAL TO THE CONSEIL D'ETAT. SHE GAVE NO ANSWER. BUT HER RECOMMENDATION THIS MORNING IS THAT WE SHOULD GO TO THE NEXT STAGE SINCE THIS IS THE ONLY WAY IN WHICH THE CASE CAN BE KEPT ALIVE AND PRESSURE CAN BE MAINTAINED ON THE OFFICIALS CONCERNED TO REVISE THEIR EARLIER ADVICE. HOWEVER, SHE ADDED THAT ALTHOUGH PERSONS THREATENED WITH EXTRADITION OFTEN DID GO TO THE CONSEIL D'ETAT, AS FAR AS SHE WAS AWARE THIS WOULD BE THE FIRST OCCASION WHEN A FOREIGN GOVERNMENT HAD DONE SO, AT LEAST ON AN EXTRADITION ISSUE. HOWEVER, THE VERY NOVELTY OF THIS APPROACH (AND SHE SAW NO LEGAL PROBLEM WITH IT) AND THE LACK OF DESIRE OF THE MINISTRY OF JUSTICE TO EXPOSE THEIR DIRTY LINEN TO THE CONSEIL D'ETAT WOULD GIVE OUR CHANCES OF GETTING OUR HANDS ON SANIMAN A
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