AUTHORISED
FOR DESPATCH
DRAFT
LETTER OF REQUEST BY U.S. DISTRICT
1. AS YOU KNOW, WE HAVE INVESTED TIME AND EFFORT IN PERSUADING THE
U.S. TO SEEK TO OBTAIN THE INFORMATION THEY WANT FROM HKSB AND SCB
BY ISSUING LETTERS OF REQUEST RATHER THAN MANDATORY SUBPOENAS. WE
WERE THEREFORE DISAPPOINTED TO LEARN THAT THE SUPREME COURT OF HONG
KONG HAS SET ASIDE THE PREVIOUS ORDER GIVING EFFECT TO THE U.S.
LETTER OF REQUEST.
2. WE UNDERSTAND FROM WASHINGTON THAT SPRINGER (DOJ) HAS DISCUSSED
THE POSSIBILITY OF WITH THE HONG KONG CROWN SOLICITOR RECASTING THE REQUEST SO THAT IT
SOL
CAN BE ISSUED ISSUED BY THE ALABAMA DISTRICT COURT. WE SHOULD BE
GRATEFUL TO KNOW HOW FAR THESE DISCUSSIONS HAVE PROGRESSED, AND HOW
YOU SEE MATTERS DEVELOPING. DO YOU FORESEE ANY OTHER POTENTIAL
PROBLEMS? WHAT IS THE LIKELY TIMESCALE?
3. IT IS REASSURING THAT THE DOJ, WHILST OBVIOUSLY IRRITATED BY
THE SETTING ASIDE OF THE PREVIOUS ORDER, IS PREPARED TO CONTINUE TO
SEEK THE INFORMATION IT WANTS THROUGH LETTERS OF REQUEST RATHER
THAN RESORTING TO MANDATORY SUBPOENAS. BUT WE STILL NEED TO
CONVINCE THE DOJ THAT LETTERS OF REQUEST OFFER A RELIABLE AND
AND
TIMELY WAY OF OBTAINING INFORMATION, WHICH ARE TO BE PREFERRED TO
MANDATORY SUBPOENAS. WE SHOULD THEREFORE BE GRATEFUL IF YOU WOULD