-19-

48. There are then various documents dealing with money market loans which I

believe are relevant (e.g. money market reports, 2947 and 2949, 1202, 1063,

3507-3557). There is also

dated 27th August, 1983,

a

further document

entitled "money market review" (No. 3057).

CONCLUSION.

49.

my efforts

was

I find myself in a most difficult position. I have set out the history of

to inspect certain BBMB documents (including unedited minutes)

since the beginning of the committal proceedings in the UK in 1986. My

accusers, BBMB, themselves edited the documents which the ICAC had selected to

be used against me. I have tried since 1986 to inspect certain BBMB documents

(including unedited minutes which I would have originally received myself as a

non-executive director) but after 5 months of fruitless efforts, it

necessary to obtain the 1986 Order. In complying with the Order, BBMB has had

the luxury of perusing the documents and judging for itself and for its own

purposes, those documents the production of which would enable it to comply

with the Order. The HK government (through Mr. Allison) has had the luxury of

perusing the documents selected by BBMB and judging for itself which documents

"material" for my

was The result of that inspection exercise

bundle of heavily edited and censored documents used for the purposes of the

committal proceedings. Subsequently, as the correspondence exhibited at "LEO

9" to my first Affirmation amply demonstrates, I have unsuccessfully pursued

my right of inspection with both the HK government and BBMB. Although the HK

government could in theory have supplied me with copies of every document in

"CHA 1" by virtue of finding it "material", the position it adopted was that

it had no authority to require BBMB to allow me the inspection I requested.

The standard response from BBMB has been that of "banking secrecy"

are

case.

a

and

19

Share This Page