TNAG-2954-FCO40-4231-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1993 — Page 75

23-APR-1993 16:31

BRITISH EMBASSY PARIS

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Only the British government can, by virtue of the Treaty of 1876, present a request for

extradition through its Ambassador or a diplomatic agent. Now the British government never

presented any request for extradition, endorsing the request for extradition made by the Territory

of Hong Kong. In the note verbale no. 105 of 31st May 1990, the British Embassy forwarded the

request of His Excellency the Governor of Hong Kong" for the arrest of Mr Rais Bin Santman

and his extradition to Hong Kong.

it does not result from the document that the British government ever presented a request for

extradition and endorsed th: contentions of the Governor of Hong Kong; it is very clear from the

now verbale of 31st May 1990 (note 105) as from that of 12th September 1990 (note 180)

forwarding additional documents, that the British Embassy in Paris acted not as representative

of the British government but only as representative of the Governor of Hong Kong.

Now France does not maintain diplomatic relations with the government of Hong Kong;

therefore, since the British government did not endorse the request made through its Ambaññādu

only in the name of the Governor of Hong Kong, the recourse of the British government should

be regarded as not entertairable failing any interest in the procedure as, as shown above, it did

not present any request for extradition.

Similarly, the recourse of the Governor of Hong Kong should be declared not entertainable failing

the Governor of Hong Kong having any authority in international matters, and because the French

government does not maintain with him, for that very reason, any sort of relations,

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