TNAG-2955-FCO40-4232-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1993 — Page 7

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

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8 November 1993

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I met Clive Grossman (Deputy DPP, Hong Kong) today

8 November at Clifford Chance with our lawyers Mme. Masse and M. Bertolas to discuss next steps on the Saniman case. Grossman was extremely grateful for our efforts to date.

2. Grossman is in Paris to meet Saniman's lawyers this afternoon to offer a deal:

If Saniman returns to Hong Kong immediately (ie does not pursue his appeal against the extradition decree in the Conseil d'Etat), the Hong Kong prosecutors will not oppose bail for Saniman in Hong Kong.

If Saniman goes to Hong Kong immediately, pleads guilty and gives evidence against George Tan, Hong Kong would accept the plea of guilty to one charge only (of the five on which he is due to be extradited).

Although there is no plea bargaining system in Hong Kong, Grossman guesses that in this case he would get a three year sentence. With one year off for good behaviour, he would be out of prison well before 1997, (a key point if post-1997 Hong Kong were his real concern).

If Saniman pleaded guilty but did not assist Hong Kong over Tan, Hong Kong would look for guilty pleas on two or three charges.

If Saniman did not leave France immediately, Hong Kong would oppose bail and expect him to be found guilty in the Courts, receiving the maximum sentence of seven years for each of the live changes).

Grossman shared with us two other pieces of information, which it would have been helpful to have known earlier:

He

In 1986 Saniman went to England to try to do a deal. admitted all the allegations and more, on a confidential and without prejudice basis. The deal fell through. Since then, he has always proclaimed his innocence. Grossman doubted that his present lawyers (who were not around at the time) knew this. He would tell them this afternoon.

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CONFIDENTIAL

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