TNAG-2955-FCO40-4232-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1993 — Page 73

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ATTORNEY GENRAL

04

had used the good offices of M.Gueremynck

of M.Gueremynck to establish the

progress of the case. It appeared that the case was regarded as a very important one and being expedited to the maximum possible although a final decision had not been reached. A decision was

expected perhaps in the Autumn.

The Minister of Justice understood the point about manipulation of the system and was confident that this was not a reference to the French criminal justice system or the position reached. He did not see a way of taking the matter forward whilst proceedings were pending before the Conseil d'Etat. If HMG wished him to consider the new situation, he would first have

to invite

withdrawal of the proceedings before the Conseil d'Etat.

The Solicitor General responded by emphasising that HMG had made application to the Conseil d'Etat only because of the firm refusal of the extradition application by the Minister of Justice and the absence of response to the recours gracieux. It was harsh to assert that the UK was responsible for the present position. That arose from the decision of the Ministry of Justice in February 1992. The recours gracieux had been put in on the 19 May 1992. The application to the Conseil d'Etat had been made in November 1992. He could not accept that no further consideration of the position should be dependent on withdrawal of the proceedings before the Conseil.

The Minister of Justice indicated that he would need to make himself more familiar with the history and detail of the case; in particular he wished to be advised about the attitude adopted by his predecessor. He doubted whether it was open to him to consider the matter afresh pending the decision of the Conseil d'Etat with a view to resolution. He would however consider

He

three options: one would be to await the judgment of the Conseil but he would explore the scope for a resolution. would endeavour to come to a decision by the 10 September. doing so he would address the whole matter afresh and with a completely open mind.

In