TNAG-2954-FCO40-4231-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1993 — Page 35

IFFORD CHANCE N.K.

TEL NFL-810-4743

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For 97

20:08 No.034 P.I

CLIFFORD CHANCE

高偉紳津師行

I hope that we will be able to show that France made extradition requests to Hong Kong in the past and that these were accepted and dealt with. I wait to hear from you as to whether an advice from an English professor of law is needed.

I am sending you by courier copies of:-

(a)

(b)

(c)

(d)

the former section 90 of the Interpretation and General Clauses Ordinance [Cap 1] which provides that the sentence for misdemeanours where no other punishment is provided for shall be seven years imprisonment (as to the applicability of this provision at the time in question, please see paragraph A on page 830 of the copy of The Attorney General v Mohd Hamshim Shamsuddin [1987] HKLK 826 to which I refer below);

the index and section 17 of the Theft Ordinance [Cap 210] which set out the sentence of ten years for obtaining property by deception;

the judgment of the Hong Kong Court of Appeal in AG v Dominic Cheung Kai-Man [1987] HKLR 790 which sets out the principles to be considered when sentencing a defendant convicted of a number of serious frauds; and,

the Court of Appeal's judgment in AG v Mohd Hashim Shamsuddin [1987] HKLR 826.

There is no judgment against Mr Ibrahim Jaafar. He was granted immunity and will be one of the principal prosecution witnesses.

I am endeavouring to obtain confirmation from the Coroner of the verdict on the death of Deacons' senior partner. I am sending you with the other documents mentioned above a copy of the Court of Appeal's judgment in R y Mak Foon Than which records his conviction for the murder of Jalil Ibrahim.

5.

I note your comments.

6.

I attach for your assistance a memorandum dealing with various points raised in Part I of the "Observations for the Defence" submitted by DRS.

Kind regards

Каз

R S Best

Enci