FROM MORGAN. LEWIS & BOCKIUS
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07-JUN-1993 12:27
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(TUE)06. 29° 93 10:44/ST. 09:51/NO. 3560581446 P 4/7
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JUDGMENT
+ 852 869 8362
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On the 7th October 1992. Thomas Griese, a judge of the United States District Court of the Southern District of New York signed u request for judicial assistance from Uie Judiciary of Hong Kong stating that, if the assistance requested was obtained, it was likely that criminal proceedings would be instituted against Domer L. Ishler, a citizen of the United States of America, and 20th Century Marketing, an Alabama Corporation wholly owned by ishlar, for eriminal violation of the United States law, namely tax evasion.
The Crown Solicitor upon receipt of the request applied ex parte for an order requiring the manager or other authorised representative of the Hong Kong and Shanghai Banking Corporation and of the Standard Chartered Bank to appear before the Court and produce the documents set out in the summons, rolating to six bank accounts and one visa card credit secount of Camaro Trading Company (Camaro) a company registered in Hong Kong which was said to be benefically owned by Ishler.
On the 29th December 1992 Keith, J. made an order in terms of the summons. On the 18th January 1993, Camaro applied for leave to intervene in the proceedings and issue a swmuons seeking to sat aside the order of Keith, J. Camaro was given leave and now applies to sot aside that order,
The background of the case is that the United States Government had petitioned the United States District Court of the Southern District of New York seeking orders directing the Hong Kong and Shanghai Banking Corporation and the Standard Chartered Bank to comply with sumAIDONSES requiring production to the Inland Revenue Service of documents located in Hong Kong, these being the documents now set out in the order of Keith, J. The Governments of the United Kingdom of Great Britain and Northei Ireland and of Hong Kong filed an anici curiae brief supporting the opposition of the banks to the petitions. It is pointed out in the brief that in Hong Kong law the banks have a duty to observe customer confidentiality unless compelled by law to make disclosure. It was suggested that the proper
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FROM MORGAN LEWIS & BOCKIUS