XN000022-1987-11-11 — Page 25

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WEDNESDAY, NOVEMBER 11, 1987

THE HON MANY AT THB

TURNING TO THE CARRIAN CASE, MR THOMAS SAID HE SHARED POON CHI-FAI'S CONCERN AND THE WIDESPREAD CONCERN OF SO OUTCOME OF THE CASE.

J

HE SAID IT WAS AN LARGEST EVER CORPORATE COLLAPSE WHICH SOME $10 BILLION AND WHICH COMMERCIAL INTEGRITY,

IMPORTANT CASE ARISING

HONG KONG'S RESULTED IN DEFICIENCIES OF DAMAGED THE TERRITORY'S REPUTATION FOR

FROM

"I WOULD LIKE TO ASSURE MR POON THAT A GREAT DEAL OF TROUBLE WAS TAKEN IN THE PREPARATION OF THE PROSECUTION CASE, FRAMING THE CHARGES, HE SAID.

"

CARE AND AND IN

WROTE TO ME IN AND THERE WAS A WAS GIVEN TO

LAM WHO DR CONRAD 'AS I SAID IN REPLY TO SEPTEMBER ON THIS MATTER, THE CASE WAS COMPLICATED VAST NUMBER OF DOCUMENTS TO ASSIMILATE. CONSIDERATION ALTERNATIVE WAYS OF PROCEEDING.

RECEIVING POSITIVE "THE DECISION TO PROSECUTE WAS TAKEN AFTER ADVICE ON THE CHARGES TO BE LAID FROM AN EXPERIENCED QUEEN'S COUNSEL HIGH COURT IN LONDON, MR HARRY OGNALL, QC (WHO HAS SINCE BEEN MADE A

CROWN PROSECUTOR AND SENIOR JUDGE IN THE UNITED KINGDOM), THE THEN MEMBERS OF THE COMMERCIAL CRIME UNIT OF THE LEGAL DEPARTMENT.

"THE

CROWN AL90

ADVICE

FROM TWO OBTAINED

EXPERIENCED LORD BENSON, THE FORMER PRESIDENT OF THE ACCOUNTANTS, INCLUDING

FOR THE INSTITUTE OF CHARTERED ACCOUNTANTS. BOTH THESE GAVE EVIDENCE

THE ATTORNEY CROWN AT

AND THE TRIAL, THE COMMITTAL PROCEEDINGS GENERAL SAID.

"I

HE SAID THAT

UNDER THE

DEFENDANTS COULD CHOOSE TO TEST THE STRENGTH OF THE BY WAY OF COMMITTAL

CARRIAN CASE BY FOUR OF THE DEFENDANTS,

CRIMINAL TERRITORY'S

PROCEEDINGS. THIS RIGHT

WAS

PROCEDURE, PROSECUTION CASE THE EXERCISED IN

PLACE BEFORE

WAS

IN

WAS

A FULL COMMITTAL HEARING LASTING SIX MONTHS TOOK

WHETHER TO DETERMINE

THERE A MAGISTRATE WHOSE FUNCTION IT WAS TO SUFFICIENT EVIDENCE UPON WHICH TO COMMIT THOSE DEFENDANTS TO TRIAL THE HIGH COURT. THE MAGISTRATE DECIDED THAT A COMMITTAL FOR TRIAL WARRANTED, HE SAID.

MR THOMAS SAID THE ESTIMATE GIVEN TO HIM AND TO THE

ANOTHER SIX TO EIGHT THAT THE TRIAL WOULD LAST ESTIMATE WAS FAR EXCEEDED.

COURT BUT MONTHS.

WAS

THIS

BREN

BY TROUBLED

THE

"I HAD FOR SOME TIME

PROLONGATION THESE PROCEEDINGS, AND THE STRAIN WHICH THAT PLACED ON MEMBERS OF JURY IN PARTICULAR, AND ALL OTHERS INVOLVED IN THE CASE.

OF

THE

"THOSE APPRARING FOR

THE

CROWN

TOOK

MANY STEPS

ΤΟ

EFFECT

ECONOMIES.

/"BUT MEMBERS