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High Court of Malaya requiring BBMB to produce certain documents for its
inspection.
12.
I refer to the Summons issued by the HK Government (pages 9-12, "AK
1") to compel BBMB to produce for inspection all documents (or entries in
documents) made between 1979 and 1984 in its' (or its agents) power possession
or control which, in any way mention or refer to (a) BMFL or its affairs; (b) Carrian companies or their affairs; (c) George Tan or companies with which he
was directly or indirectly involved or his or their affairs; (d) Marmel Ltd.. Darton Ltd, or Dragonbase Ltd. and their respective holding and subsidiary
companies or their affairs; (e) Mr Yap Lim Sen or his affairs; (f) Bank of
Communication or its affairs; and (g) Nanyang Commercial Bank or its affairs.
13.
The Summons specified at paragraph (2) that the categories of
documents referred to above were to "include" and by definition were not
"limited to", all BBMB board minutes and related board papers; all BBMB
committee minutes and related papers, including those of the supervisory
committee, management committees and loan committees; and all reports including management or other reports from BMFL; BBMB and BMFL management or
other reports to management (as opposed to the BBMB Board); BBMB exceptional
reports; memoranda to or of BBMB and BMFL management or board; all correspondence, notes of all verbal reports; and any attachments in respect of
any of the documents listed above.
14.
Paragraph 4 of the Summons required BBMB to produce for inspection
additional documents which showed or referred to (a) money market loans being
made by BBMB or its subsidiaries to entities which were not financial
institutions at the time of the loan; and
and (b) loans made by BBMB or its
subsidiaries to companies with a capital of MR$2 or HK$2 or equivalent small
capital in other currencies.
15.
Mr Yeoh Chong Keng of Messrs Chooi & Co, supported the Summons by an
Affidavit (pages 19-25 "AK 1") in which he explained the relevance of these
categories of documents. Mr Yeoh concluded at paragraph 27 that it was
therefore "essential and crucial in the interest of justice" that there be
inspection of the documents specified. The order was granted by the Court on
4th November 1986 ("the 1986 Order") (pages 13-17, "AK 1")
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