IFFORD CHANCE H.K.
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Per 17 97
20:11 No.034 P.14
The decision of the French government to refuse the extradition was notified by means of a note
verhale from the Ministry of Foreign Affairs dated 20th March 1992.
By a recourse made under the signature of an advocate in the Conseil d'Etat and the Cour de
Cassation, addressed to the President of the Republic, the Minister of Foreign Affairs and the
Minister of Justice, the government of the United Kingdom and the Governor of Hong Kong
presented a gracious request against the note verbale.
An implicit decision of refusal was opposed to that request.
This is this implicit decision of refusal which constitutes the challenged decision.
2. DISCUSSION
1.
ON THE ACCEPTABILITY OF THE RECOURSE
The problem is three-fold: the first problem is to determine whether a foreign government can lodge a
recourse in the Conseil d'Etat. The second problem is to know, supposing the first problem solved in the
affirmative, if the United Kingdom of Great Britain could lodge a recourse although, apparently, it had
not been associated with the request for extradition presented by the British Embassy in the name of the
Government of Hong Kong and the third question is to know whether the Governor of the Crown Colony
of Hong Kong has any international authority which would allow him to lodge a recourse.
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