TNAG-2954-FCO40-4231-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1993 — Page 45

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

IFFORD CHANCE H.K.

TEL:850-810-4743

Apr 7 97 19: No.0BB F.17

8

As an information, one will note that the managers of BMFL fled to England, and lived from the

result of the frauds committed by them, whilst Mr Rais Bin Saniman, on his part, was called by

the President of the OECD to carry out researches relating to developing countries.

It is therefore somewhat paradoxical to have Mr Rais Bin Saniman accused to have essentially

participated to a conspiracy with a view to committing various offenses against the bank, by

granting Ivans and by forging if necessary the accounts, which, once again, the very nature of

his duties made impossible for him.

1.3

Despite the negative advice issued by the Chambre d'Accusation of the Court of Appeal of Paris

in 1987, and although the facts set out in the second request for extradition are essentially,

actually, a new version of the facts which were the subject of the first request for extradition, the

Chambre d'Accusation of the Court of Appeal of Versailles thought that it could, on 30th October

1990, issue an advice in favour of the extradition of the defendant, but in respect of tive counts

of indictment only out of thirty-three.

An appeal in the Cour de Cassation was made against that advice.

Although certain reasons were very serious, the Cour de Cassation which exercises and still

only since a recent date only a very limited control in this respect (it only verifies that there is

no breach of the law depriving the advice which is submitted to it from the necessary conditions

for its legal existence) rejected the appeal of Mr Rais Bin Saniman by a decision dated 12th

March 1991.

However, the Minister of Justice, after a review in depth of the case, proposed to the Prime

Minister to refuse the extradition of Mr Rais Bin Saniman.

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