TNAG-2955-FCO40-4232-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1993 — Page 72

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ATTORNEY GENRAL

03

Justice to take a decision that Mr Saniman should be extradited.

That would have a beneficial effect of normalising the position of the UK and Hong Kong Governments by obviating the need for pursuit of the application to the Conseil d'Etat.

Such a

decision by the Minister of Justice would not prejudice the rights of Mr Saniman because it would be open to him as a private individual to challenge the decision to extradite. The legal issues could be explored without risk of creating an unfavourable precedent for the French Government on the jurisdiction issuc which he recognised would cause them anxiety.

Concluding, the Solicitor General said that it seemed desirable from the standpoint of France, the UK and Hong Kong that the matter should be resolved: with that in mind, he had been grate- ful for the opportunity to approach the Minister directly. The Hong Kong Government were particularly concerned that Saniman should be extradited at least on the charges of conspiracy to defraud (amounting in the view of the French court to

escroquerie).

central were

to

fraud for the

They

extradition was sought.

which

The Minister of Justice said that the first three months in office had been extremely busy and he was therefore only just beginning to familiarise himself with the case. He agreed that it was desirable to seek a sensible resolution and had been con-

The cerned to establish how the present position had come about. case was complex from the legal point of view bedause of the conflicting recommendations from different Chambre d'Accussation. As a matter of law, the Government is bound by a negative recom- mendation but a discretion arises where there is a favourable He was advised that the legal processes had not

recommendation.

been completed. That process involved the weighing up of all relevant factors legal and otherwise including inquiring as to whether the alleged conduct could be brought within the French criminal law. He was aware that there had been several meetings and useful conversations between HMG and the French Ministry of Justice and it appeared probable that the previous Government was going through that process. However, the situation had now been reached where the Conseil d'Etat was seized of the matter.

He