TNAG-2954-FCO40-4231-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1993 — Page 100

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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explanation given for it. Their French lawyers told them that the only way to reopen the case was through a form of administrative review known as a "Gracious Request" ("Recours Gracieux") to the French government. It was at this stage that Ministers were consulted and, given the importance of the case to Hong Kong and possible difficulties regarding Hong Kong's status in French eyes, agreed to give HKG support. The "Recours Gracieux" was lodged with the French authorities on 19 May on behalf of HMG and HKG. This was effectively rejected (failure to reply constitutes such a rejection). only step remaining to HKG was to "seize" (take the case to) the Conseil d'Etat. French lawyers acting for the British and Hong Kong governments accordingly filed a "Summary Application" on 12 November. We understand that it's was

Defensive

B

The

7. Although extradition cases often go to the Conseil d'Etat, we are advised that this will be the first time that a government had applied to the Conseil d'Etat on an extradition issue. This approach on HKG's behalf, although perfectly correct legally, may have raised some French eyebrows, on the grounds that it could be taken to be politically contentious.

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saniman.brief

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