CONFIDENTIAL
022747
MDHIAN 1136
ADVANCE OF THE HK DOLLARS 80 MILLION LOAN, AND MINUTES OF A SHAREHOLDERS MEETING FILED WITH THE COURT SHOWING THAT THE DEFENDANTS APPROVED THE ACCOUNTS PREPARED BY THE LIQUIDATOR.
BUT 4. OUR LEGAL DEPARTMENT ALREADY HAVE COPIES OF THESE DOCUMENTS, NOT IN AN ADMISSIBLE FORM. ALL WOULD REQUIRE CERTIFICATION BY THE AUTHORITIES CONCERNED SO THAT THEY COULD BE ADMITTED INTO EVIDENCE. THE CUSTODIANS OF THE RECORDS WOULD ALSO NEED TO EXPLAIN THE PROCEDURES REQUIRED FOR FILING DOCUMENTS AND COMPILING RECORDS.
3. WE SEE TWO POSSIBLE WAYS OF SECURING CERTIFIED COPIES OF THE DOCUMENTS WE NEED:
(A) BY AL LETTER OF REQUEST FROM THE SUPREME COURT OF HONG KONG TO THE TAIWANESE COURT.
(B) BY GOING THROUGH A FIRM OF TAIWNESE SOLICITORS.
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6. A LETTER OF REQUEST WOULD ISSUE INDER SECTION 77E OF THE EVIDENCE ORDINANCE, WHICH PROVIDES THAT SUCH A LETTER MAY BE
''EXERCISING JURISDICTION IN A PLACE ADDRESSED TO A COURT OR TRIBUNAL OUTSIDE HONG KONG . BY SENDING SUCH A LETTER, THE SUPREME COURT OF HONG KONG WOULD THREFORE BE ACKNOWLEDGING TACITLY THAT THE TAIWANESE COURT CONCERNED EXERCISED JURISDICTION IN TAIWAN. THIS WOULD BE, IN EFFECT, TO RECOGNIZE THE LEGITIMACY OF THE COURT, AND WOULD SEEM TO US TO BE INAPPROPRIATE GIVEN BRITAIN'S, AND THEREFORE HONG KONG'S, POSITION ON THE ILLEGITIMACY OF THE PRESENT AUTHORIT- IES IN TAIWAN. MOREOVER, DOCUMENTS RELEVANT TO A LETTER OF REQUEST ARE NORMALLY TRANSMITTED TO THE SUPREME COURT OF HONG KONG THROUGH THE SECRETARY OF STATE.
7. WE HAVE THEREFORE LOOKED CAREFULLY AT OPTION ?B, WHICH DOES NOT INVOLVE RECOGNITION OF THE JURISDICTION OF TAIWANESE COURTS. BUT IT TOO POSES PROBLEMS. FIRST, BECAUSE IT IS THE HONG KONG GOVERNMENT THAT REQUIRES THE EVIDENCE CONCERNED, HKG WOULD APPEAR THEREBY TO BE RECOGNIZING THE TAIWANISE AUTHORITIES CONCERNED AS THE REPOSITORY OF THE ORIGINAL DOCUMENTS AND THEREFORE AS OFFICIAL PUBLIC RECORD OFFICES IN TAIWAN FOR SUCH PURPOSES. THIS IS A PROBLEM PARTICULARLY IN THE CASE OF THE COMMERCIAL DEPARTMENT OF THE
SO WITH THE LAND MINISTRY OF ECONOMIC AFFAIRS, BUT PERHAPS LESS ADMINISTRATION OFFICE AND THE DISTRICT COURT.
8. A SECOND DIFFICULTY OVER OPTION B IS THAT THE CHIEF SECRETARY IS REQUIRED UNDER THE EVIDENCE ORDINANCE SECTION 19A TO CERTIFY THAT HE
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