- 6 -
16.
Without objection, BBMB complied with the Order. BBMB selected from what would have been a universe of hundreds of thousands of documents which, in the exercise of its discretion, it had independently determined to fall within the categories in the 1986 Order. Thereafter, a Mr Clifford Howard
Allison, a Barrister and Crown Counsel from the HK Attorney General's
Chambers, inspected these documents. At the conclusion of his inspection, he
signed a declaration dated 2and December 1986 (pages 41-290, "AK 1").
17.
Mr Allison states at paragraph 2 (page 42, "AK 1") that he was
attaching as exhibit "CHA 1" a schedule of "all the documents I have perused
pursuant to the 4th November 1986 order". It will be noted from "CHA 1" (pages 44-260 "AK 1") that BBMB had selected 5,439 documents and/or files in
compliance with the Order, which Mr Allison carefully itemised. Exhibit "CHA 2" (pages 261-273, "AK 1") was a schedule listing documents then in evidence
before the UK Court. Mr Allison had examined the originals against copies
used in these proceedings and the results of his inspection (1.e. if the found additional pages to a document) were indicated in the 5th and 6th columns of
that schedule. Exhibit "CHA 3" (pages 274-290, "AK 1") contained additional
documents that Mr Allison considered to be material to the case. It should be
mentioned that a substantial portion of those documents produced by Mr.
Allison were heavily censored extracts, including Board minutes as to which I
had previously complained.
MY SUBSEQUENT REQUESTS FOR INSPECTION.
18.
Paragraph 6 of the Krishnan Affidavit refers to the correspondence
between Messrs Boase and Cohen and BBMB since early 1989 in respect of my
request to inspect certain documents. BBMB stated in their letters of 28th
March 1989 and 31st July 1990 (pages 29-30 and 38-39 respectively, "AK 1′′)
that Bank Negara had consented to my request for inspection, on the condition
that it was limited to the documents relating to the extradition which had
earlier been made available to the HK Attorney General's office. I therefore
had every expectation that I could inspect the documents listed in "CHA
1".
19.
On 10th September 1990, the date agreed by the parties for the
inspection, Mr Cohen attended BBMB's office to inspect the "CHA 1"
documents. He was informed by Na'imah bte Khalid, Manager of BBMB legal
6