-5-
High Court of Malaya requiring BBMB
inspection.
to produce certain
documents for its
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.. their respective holding and subsidiary Darton Ltd, or Dragonbase Ltd. and 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.
ނ
13.
The Summons
documents referred
"limited to",
committee minutes
that the categories of at specified
paragraph (2)
were not were to above
to "include" and by definition
all BBMB minutes and related board papers; BBMB board all
related papers,
including those of the supervisory and
and all loan committees; and committees
reports
or
committee, management including management or other reports from BMFL; BBMB and BMFL management other reports to management (as opposed to the BBMB Board); BBMB exceptional Or board; all reports; correspondence, notes of all verbal reports; and any attachments in respect of any of the documents listed above.
memoranda
to
or
of
and BBMB
BMFL
management
14.
or
to
entities
were
Paragraph 4 of the Summons required BBMB to produce for inspectior additional documents which showed or referred to (a) money market loans being
which
not financia its subsidiaries made by BBMB institutions at the time of the loan;
time of the loan; and (b) loans made by BBMB or it: subsidiaries to companies with a capital of MR$2 or HK$2 or equivalent smal capital in other currencies.
15.
1
Mr Yeoh Chong Keng of Messrs Chooi & Co, supported the Summons by a Affidavit (pages 19-25 "AK 1") in which he explained the relevance of thes Yeoh concluded at paragraph 27 that it wi categories of documents. therefore "essential and crucial in the interest of justice" that there I
The order was granted by the Court inspection of the documents specified.
Mr
4th November 1986 ("the 1986 Order") (pages 13-17, "AK 1")
32