TNAG-2954-FCO40-4231-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1993 — Page 110

[Paris

amendment]

pa

Suvimun

Perised

dirigt

April 1993

A

Pierre Mehaigmerie

French Minister of Justice

(Panis & HK amendments)

M. Pacuber payed to AG's office

234.

REC

HLP 384/1

22 APR 1993

EXTRADITION OF RAIS BIN SANIMAN

IN

Could I add my congratulations to those of Kenneth Clarke to you on your appointment as Minister of Justice and Garde des Sceaux. There have been close relations between my department and your Ministry under your predecessor, and I hope that we shall be able to build on these in this promising conjuncture of Franco-British relations. I also look forward to making your acquaintance.

CHK

ment]

arend

NOT WITHSTANDING THE RULINGS

I apologise for combining these congratulations with bringing of THE

CHAMBRE

AND THE COUR DE CASSAT

to your attention a case of considerable importance and sensitivity for the British and Hong Kong Governments, and which is at present under consideration by your officials.

This is the case of the extradition of M Rais Bin Saniman, on X which there was an avis favorable by the Chamber d'Accusation de la Cour d'Appel at Versailles in 1990, but following which extradition was refused in March 1992. In the conviction that this decision had been based on a misunderstanding, we registered a recours gracieux in May 1992, and in the absence of a response by September 1992 brought this matter before the Conseil d'Etat in November 1992. We kept the Ministry of Justice and the Quai d'Orsay informed throughout.

I should underline that we only embarked on this unprecedented course because we were convinced that the matter had not been considered in all its aspects, either legal or political. This impression was confirmed when we learned that a point of major concern to the Justice Ministry was that M Saniman's life would be threatened if he returned to Hong Kong, although nothing about this figured either in the note informing us of the French Government's decision in March 1992 nor in your predecessor's observations to the Conseil d'Etat in December

199

this

JON.

I have no wish to press to a final conclusion before the Conseil d'Etat, and would much prefer it if we could find some

bin.let.SA

SLM