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5. IF THE PRESENT PROSECUTION AGAINST
FAILS AND WE CANNOT
BRING FURTHER CHARGES AGAINST HIM, FOR THE REASONS SET OUT IN PARAGRAPH 3, WE PROPOSE TO DEAL WITH HIM UNDER CR 55 IN THE
MANNER SET OUT HEREUNDER.
6.
WOULD BE INTERVIEWED AND THEE SEQUENCE OF QUESTIONS SET OUT
IN PARAGRAPH 8 WOULD BE PUT TO HIM. HE WOULD BE INVITED TO REPLY
TO THEM. THIS WILL GIVE HIM AND OPPORTUNITY TO EXPLAIN THE PRESENCE OF THIS VERY LARGE SUM OF MONEY IN HIS ACCOUNT, WHILE NOT REVEALING
DIRECTLY THE EXTENT AND SOURCE OF OUR INFORMATION. IF HE ANSWERS
IN THE NEGATIVE TO ANY OF THE QUESTIONS THE INTERVIEW WILL BE CLOSED,
AND WE SHALL PROCEED NEXT TO GIVE HIM A LETTER NOFIFYING HIS REMOVAL
FROM OFFICE UNDER CR 55 WITHOUT ANY BENEFITS.
THE EXTENT
7. THE REASON WHY WE ARE NOT ABLE TO DISCLOSE TO
OF OUR INFORMATION ABOUT HIS BANK ACCOUNT IS THAT IT COULD BE A GRAVE
EMABARRASSMENT TO THE GERMAN AUTHORITIES IF IT WERE USED IN
DISCIPLINARY PROCEEDINGS, SINCE THE ACCOUNTS WERE MADE AVAILALBE UNDER A GERMAN COURT ORDER IN CONNECTION WITH POSSIBLE CRIMINAL
PROCEEDINGS, NOT ONLY FOR AN OFFENCE UNDER SECTION 10 OF
THE PREVENTION OF BRIBERY ORDINANCE BUT MORE PARTICULARLY FOR
BRIBERY CHARGES (THE LATTER ARE MOST UNLIKELY TO MATERIALISE). IT WOULD ALSO BE IN BREACH OF THE UNDERSTANDING ON WHICH THE GERMAN
POLICE ALLOWED US TO HAVE THE COPIES.
8. THE QUESTIONS WOULD BE ALONG THE FOLLOWING LINES
ONE: DO YOU HAVE ANY BANK ACCOUNTS OUTSIDE HONG KONG?
TWO: IN WHAT COUNTRIES ARE THESE ACCOUNTS?
THREE: WHAT CURRENT BALANCES DID YOU HAVE IN THOSE ACCOUNTS AT
31 JULY 1973?
FOUR: WOULD YOU BE PREPARED TO PRODUCE DOCUMENTARY EVIDENCE OF THE PERIOD STATE OF THOSE ACCOUNTS DURING THE LAST 36 MONTHS?
9. WE THINK THAT HE WILL REFUSE TO ANSWER THE SECOND QUESTION, AND POSSIBLY EVEN THE FIRST. OF COURSE, HE WILL INCRIMINATE HIMSELF IF HE ANSWERS THE THIRD OR FOURTH QUESTIONS ACCURATELY. IN OTHER WORDS, BY A SERIES OF QUESTIONS (THE PRECISE FORM OF WHICH IS YET
TO BE DETERMINED) WE MUST TRY TO PUT HIM IN THE POSITION OF
SINKING HIMSELF ONE WAY OR ANOTHER.
/10. HAVING NOTED
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