9 1 THU

9:24 MIKE KINGSTON

P

JUL 04 '91 08:31

BOASE & COHEN 852-5295035

169 P04

07. 03. 91 12:47 PM

PO4

Bwget, D. J.

C

!

Respondent Lorrain Esme Osman ("Osman") has moved for an order (1) certifying to the Supreme Court of Hong Kong that discovery, conduoted in the United States pursuant to certain Letters of Request issued in Hong Kong was conducted in violation of United States law, and (2) directing the United States Attorne; and the Attorney General of Hong Kong to return the improperl obtained materials. For the following reasons, Osman's motion di

granted as set forth below.

Background

Thi■ case arisas out of criminal proceedings institute in Hong Kong in November 1985, alleging fraud and corruption t Osman and various others in their conduct of the affairs of a bar

in Hong Kong." In December 1985 Osman was arrested in Londo

where he has been detained pending extradition proceedings to Ho:

Kong.

Seni

On June 15, 1989, Graham A. Harris ("Harris"), Assistant Crown Prosecutor in the Attorney General's Chambers Hong Kong, made an application to the Supreme Court of Hong K for the issuance of Letters of Request to obtain banking reco

for use in the held in New York

case against Osman.

The details of the Hong Kong criminal proceedings are relevant to the instant potion.

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