STOLOLER. IL)
10/09/90
20
Monsieur Le Garde des Sceaux Ministry or Justice
$7, rue Saint Roch Paris
Matter : Hong Kong x Rate Bin Sandman
Fil. 39624 DIS HM/RL
For the attention of Mr Potocki
***
Monsieur Le Garde des Sceaux,
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TRANSLATION FOR QUATION EURPOSES ONLY
The request which I had the honour of putting before you on 19th May 1992 in the name of the Government of the United Kingdom and of the Government of the Colony of Hong Kong, requires the following additions:
In respect of the authority of the decision dated 4th November 1987, the "Chambre d'Accusation", and the "Chambre Criminelle", have made an explicit decision.
Having been asked to rule on the authority of the 1987 decision, the "Chambre Criminelle" of the "Cour de Cassation", in a decision published in the Bulletin (N° 123), in the Flash (N° 877), expressly decided that "the only meaning of Article 17 of the Law of 10th March 1927 is that the government cannot disregard an unfavourable opinion; this provision does not preclude a matter being put before the "Chambre d'Accusation" again on the same facts and against the same person, where the government itself is asked to decide on a new request based on alements which, having occurred or been revealed since the preceding request was made, allow a different assessment of the legal conditions for extradition."
Thus, the decision of the "Chambre d'Accusation" of 1987 could only be upheld in contradiction with very clear case law of the "Cour de Cassation".
Even if this were the case, the extradition should have been granted.
As regards the existence in this case of new elements which would sllow a new characterisation of the facts provided for in the extradition treaty, the appeal ("pourvoi") also discussed their nature. Such appeal was dismissed.
20'd
23 zs se pr : EC
BONYHO CHODBITO SOLP 018 298 VH BONWHO OHOJEKTO
IS:21
2561-60-US
21:01 28 NON 61
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