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and give its consent accordingly".

8.

By letter dated 12th July 1986 (Pages 7-8 "LEO 1"), BBMB advised

Messrs Chooi & Co that Bank Negara had stated that only the prosecutors, i.e.

the BK Government, would be permitted (under the guidance of a Senior BBMB

Officer) to inspect those parts of the minutes from .which the extracts had

been taken for use in the then-ongoing proceedings. BBMB advised specifically

that my Counsel would not be permitted access the minutes books. The

parties were thereafter unable to resolve this matter of inspection.

9.

When the committal proceedings recommenced on 17th October 1986, my

counsel submitted to the Court that if BBMB refused to allow inspection of

their minutes and other relevant documents material to the case, this would

render the prosecution evidence from the offices of BBMB and BMFL inadmissible

or, alternatively, the Court ought not place any weight upon this evidence.

10.

As confirmed in the telex of 28th October 1986 sent by Counsel

instructed by the HK Government, Mr Clive Nicholls, QC to, Messrs Chooi & Co,

(Page 7 "LEO 1"), the Chief Magistrate had urged BBMB to permit the

examination by Counsel for the HK Government in the presence of one of their

officers, "of all their minutes and other material documents over the period

1979 to 1984", with Counsel's decision as to materiality to be final.

According to Mr Nicholls' telex, the Court had commented during the argument

that "it was the Government's allegation that BBMB was defrauded and he would

have thought that they would be only too glad to make the relevant documents

available for inspection. As the fugitives were former Directors of BBMB he

failed to see any valid argument of confidentiality as the fugitives were at

all material times directors of the bank". The Court further stated "that for

the HK Government to rely on individual items plucked out of context could be

to risk injustice through its real weight or meaning being misunderstood". In

the circumstances, the Court requested the HK Government to approach BBMB and

Bank Negara to reconsider their position.

11.

In its letter of 29th October 1986, (Page 10 "LEO 1"), Messrs Chooi &

Co sent to Bank Negara and BBMB a copy of Mr Nicholls' telex and urged them to

reconsider their decision. BBMB's position remained unchanged, however.

result, it was necessary for the BK Government to make an application to the

4

As a