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· MAY 14 '92 19:33 CLIFFORD CHANCE HK 852 8104708
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16
P.17
ADVERSE CONSEQUENCES IN HONG KONG RESULTING FROM THE
REFUSAL
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It is in the public interest that all co-accused directors of BMFL be tried together with George Tan in Hong Kong. This has been held to be the case by the Hong Kong Court having control of the prosecution. It is essential that separate trials be avoided given their complexity and consequent expense to the public.
It is consistent with the interest of justice that the Crown have the opportunity to present its case against Saniman in Hong Kong and that he also has the opportunity to publicly defend himself against these allegations in Hong Kong.
It is inevitable that the trial of the others will be prejudiced by his absence. Given his significant role in the fraud his absence would enable the other co- accused to place the blame upon him without fear of contradiction. Furthermore, given that Saniman alone instigated loan negotiations with George Tan and was the architect of the fraudulent schemes, Tan should be given proper opportunity to test Saniman in a joint trial in this regard as must also Osman. It is obvious that public interest is served only by the joint trial of all major players in this significant fraud.
It is undesirable, in the context of the related proceedings in BMFL against other co-accused, that France be seen as a safe haven for international fraudsters and as an asylum that enables wealthy criminals to avoid justice. One wishes to dispel any public notion that in these unusual circumstances the decision of the French Government to over-rule the Courts is a consequence of anything other than a considered decision made in good faith and justified in the proper discharge of international Treaty obligations.
In parallel to the criminal proceedings instituted against Rais Saniman, his co- directors and the borrower George Tan, there are civil proceedings that have