TNAG-2955-FCO40-4232-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1993 — Page 71

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071 828 0593 ATTORNEY GENRAL

02

different

light to his predecessor and conclude that the

interests of justice

justice now clearly required that Saniman be

extradited.

In view of suggestions which had been made by the parties about the criminal justice system in Hong Kong, the Solicitor General welcomed the opportunity to reassure the Minister of: Justice. He would already have had drawn to his attention the 1997 constitu- tion establishing arrangements for Hong Kong to be an Administra- tive Area within the peoples Republic of China. The speciality rule limited proceedings in Hong Kong to any matters for which Saniman was ultimately extradited. That rule would be preserved after 1997 so there would be no question of the case being reopened by a new administration with a larger scope than the If returned now, he charges for which he had been extradited.

would be entitled to trial by jury. That would be preserved.

of

the guarantee The bil1

of the fairness rights would proceedings and prevent any circumvention of the speciality rule. It seemed likely that Saniman, if extradited, would follow the lead of Osman, Shamsudin and Tan in being represented by Leading Counsel from the London Bar. They thus had independent counsel of their own choice and of the highest calibre.

ļ

The Solicitor General turned to the present proceedings before the Conseil d'Etat. He recognised that it was unusual for a foreign government to take a case of this nature before the avoid that Conseil d'Etat and the UK would have wished to situation. But events had evolved so as to offer no alternative. The Chambre d'Accusation at Versaille had recommended extradition on two charges of fraud and three of theft. The Cour d'Cassassion It was had ruled in favour of the Government of Hong Kong. therefore the expectation of the Hong Kong Government that the Ministry of Justice would not depart from the finding of the court on the legal issues. When there was such a departure, it appeared that the only remedy open after the Recours Gracieux had received no favourable response was an appeal to the Conseil d' Etat. The Solicitor General hoped, however, that the discussions could bring about a state of affairs where it was no longer He invited the Minister of necessary to pursue that action.