TNAG-2955-FCO40-4232-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1993 — Page 139

RESTRICTED

FM PARIS

TELNO 425

TO IMMEDIATE FCO

OF 061243Z MAY 93

INFO IMMEDIATE HONG KONG

ys. Woder

RESTRICTED

R.

HKD384/

07 MAI 1993

& SIG

AY

IN

42

033764

MDHIAN 9912

MY TELNO 422 AND TELECON HOFC/HUM(AUS): EXTRADITION OF SANIMAN TO HONG KONG

SUMMARY

1. RECOMMENDATION ON COMPOSITION OF TEAM OF EXPERTS TO VISIT PARIS.

DETAIL

2. IT WILL BE IMPORTANT THAT THE TEAM OF UK AND HONG KONG EXPERTS WHICH VISITS PARIS SOON SHOULD CARRY AUTHORITY POLITICALLY AND LEGALLY IN ORDER TO MAKE THE MOST OF THE OPPORTUNITY WHICH THE

MINISTER OF JUSTICE HAS GIVEN US.

3. WE DO NOT YET KNOW WHO THE FRENCH WILL FIELD; THEY WILL PROBABLY NOT DECIDE UNTIL THEY HAVE DETAILS OF OUR TEAM. WE WOULD PREFER THE MINISTRY OF JUSTICE TO STAY IN THE LEAD ON THE FRENCH SIDE, RATHER THAN THE QUAI, WHO HAVE NOT BEEN PARTICULARLY HELPFUL IN THE PAST ON THIS CASE. THE LEADER OF OUR TEAM SHOULD BE A LEGITIMATE INTERLOCUTOR OF THE MOST SENIOR FRENCH MINISTRY OF JUSTICE OFFICIAL PRESENT, I.E. SOMEONE FROM THE LAW OFFICERS OR HOME OFFICE DEALING WITH INTERNATIONAL AFFAIRS/EXTRADITION. IN PRACTICE THE LEADER COULD ALLOW OTHERS TO SPEAK ON MOST OF THE DETAILED POINTS RAISED, BUT THE EQUIVALENCE POINT WILL BE OF SOME IMPORTANCE IN FRENCH EYES.

4. THE PRESENCE OF A GOOD REPRESENTATIVE OF THE HONG KONG GOVERNMENT WITH KNOWLEDGE OF THE DETAIL OF THE SANIMAN CASE AND OF THE HONG KONG CONSTITUTION AND PROCEDURES WILL BE ESSENTIAL.

5. WE RECOMMEND THAT THE LEADER IS ALSO SUPPORTED BY SOMEONE WHO CAN SPEAK WITH AUTHORITY ON POLITICAL ASPECTS OF THE CASE FROM THE FCO AND BY AN FCO LEGAL ADVISER (UNLESS THE DEPARTMENT JUDGES THAT THE HONG KONG LAWYERS COULD COVER ALL THE LEGAL POINTS, INCLUDING U K ASPECTS).

6. THE TIMING PROPOSED FOR THE VISIT SHOULD BE SUCH AS TO PERMIT A PRIOR MEETING WITH OUR COUNSEL AND THE PARIS OFFICE OF CLIFFORD CHANCE, PARTLY AS A DRY RUN, AND PARTLY TO REFINE TACTICS AND

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