THE PAST HISTORY OF INSPECTIONS.
-3-
L.
to
to set It is important
this matter out detailed history of
a
explain to this Honourable Court the full ramifications of the difficult position in which I now find myself. In this regard there is now produced and shown to me marked "LEO 1" a paginated bundle of documents to which I shall
refer in this Affirmation.
5.
of
HK
As confirmed by the HK Attorney General's Chambers in its letter
12th December 1988 (pages 1-3.
1-3, "LEO 1") to Melville Boase & Co (my solicitors) when the case was first investigated, officers of the ICAC were allowed, with the co-operation of BBMB, to inspect certain BBMB documents. The ICAC inspected the documents in their original (i.e. uncensored) state and asked for copies of certain documents which they considered to be relevant. BBMB complied with their request, but first excised from the copies material which it considered to be "irrelevant" and "confidential". These censored papers became part of the evidence used during the committal proceedings in the UK. It can be seen, therefore, that even at the outset of the proceedings. 5 years ago, BBMB had been instrumental in deciding what information and/or documents I could have access to for my defence.
6.
During the course of the committal proceedings before the Bow Street Magistrate's Court, I, through my Counsel, made numerous requests to inspect the original unedited documents in BBMB's possession. In early June of 1986 BBMB consented to an inspection of the minute books of the Board of Directors of BBMB and the committees formed thereunder in relation to BMFL loans to the Carrian companies, on the condition that the inspection would relate to these limited matters. (Page 4 "LEO 1").
7.
By letter dated 2nd
dated 2nd July 1986 to Messrs Chooi & Co. (Malaysian
Solicitors instructed on behalf of the HK Government), BBMB stated that the inspection could not be allowed without consent from Bank Negara Malaysia, the Central Bank (Page 5 "LEO 1"). In a further letter dated 9th July 1986, (Page 6 "LEO 1") BBMB advised Messrs Chooi & Co. that Bank Negara had indicated that a blanket approval of the inspection of the BBMB minute books was not possible and that, in any event, Bank Negara would "only consider request for the inspection of the minutes pertaining to the affidavits of specific witnesses
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