TNAG-2954-FCO40-4231-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1993 — Page 69

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

23-APR-1993 16:27

BRITISH EMBASSY PARIS

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P.14

11

July 1979, Copareix, Rec. 3. 319 AJDA 1980 p. 375 with pleadings by Bacquet; Consell d'Eter

29 November 1975, Canin), Rec. p. 597).

Marginally one comprises within the category of acts of government the measures taken and the

behaviours adopted by the French authorities in the conduct of diplomatic relations (see for

instance Consell d'Elas 2nd March 1966, Dame Cramencel, Rec. p. 566 and the article by

Pulssochet and JP Lecat at AJDA 1966 p. 250; Consell d'Erar 1st March 1967, Maugelo, Rec.

p. 87, Consell d'Etar 29th October 1934, Taurin and Merlenne, Rec. p. 566 Dalloz 1955 p. 361

note P. Benoit).

The rule is expressed as a manter of principle in a decision rendered at full assembly on 11th July

491 = đắc manna tha malkalde, kad akattam-. d

Para Me A WristWikit my QuiÿES (INCS, P. VARA IN MEIN HONGs, my pidumista mau sumisigou

the validity of a decrea cresting a security area in French Polynesia and an arrėtẻ by which the

Minster of the Armed Forces had suspended navigation in this area as from a given date. The

Consell d'Etat considered that the challenged decisions "are linked to the international relations

of France; therefore, these decisions are not capable of review by ine administrative courts",

The extradition treaties entered into by France are treaties of cooperation in criminal matters (100

Merle and Vitu - Treaty of Criminal Law, sixth edition no. 303 and Lombols, International

Celtrinal I aw: N'Chyan Qune Dinh • Patrick Maillier - Alein Dollar, Imoneneinmal Dokila Tam

third edition no. 333).

One does not understand how a State could present, before the internal courts of another State,

a by It

| resource against a refocal 27 extradite, it is obvious that die relations betw cou Staisa vonvon nứng

tha pagiimote fine outrofitinn, the handing over by the exquested Ciate of die pojavu wüüde

extradition is requested, or a refusal to extradite, are clearly situated within the frame of

International relations and cannot constitute administrative decisions capable of recourse. The

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