TNAG-2387-FCO40-3469-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 146

-10-

j

might be relevant and material to any of the parties. I have no doubt that he

had that view in mind when conducting the inspection"

30.

Whatever Mr Allison's view as to his duty in conducting the inspection, I do not accept that he selected any and all information and/or documents that

are relevant to my case. I set out the following examples, emphasising that

these are examples only and not exhaustive.

31.

Although he produced extracts from a number of the minutes of the BBMB Management Committee ("MC") which refer to BMFL, there are a further 17 sets of minutes in which reference is made to BMFL, but which Mr Allison, in the

exercise of his discretion as to which was material to my case, did not find

to be so For example, in the MC minutes of 4th January 1979 ("CHA 1", 754) (Pages 11-12 "LEO 1"), the Committee (which consisted of the BBMB Chairman,

Executive Director, BBMB adviser, and Senior General Managers of the various

divisions) discussed that a number of matters had been raised by the BMFL

auditors and that this matter should be cleared up by the BMFL General

Manager. At the MC meeting on 29th March 1979, the minutes indicate that

there was

a discussion that BMFL was still performing below budget ("CHA

1",763) (13-14). In the meeting on 28th February 1980, as indicated by the

minutes ("CHA 1", 810) (Pages 15 16 "LEO 1"), the members discussed that the

Government building in HK was not

-

location of the proposed Malaysian

sufficiently strategic to house BMFL. In the meeting on 5th August 1982, the

minutes ("CHA 1", 857) (Pages 17-18) shows that there was a general discussion about BBMB's operation in HK, including the effect of the impending expiry of

the lease in 1997 and the effect on the lending of BMLF. I would submit that,

given the Crown's allegation that BBMB was unaware of BMFL's lendings to

Carrian, the frequency and type of information discussed by the executives of

BBMB (including its Chairman) in

in such meetings, must be relevant in the

context of my ability to answer such allegations.

32. Even in respect of documents which were selected by Mr Allison (and

therefore exhibited at "CHA 3") documents were censored in a way which failed

to disclose information I consider to be relevant to my defence. For example,

Mr Allison produced only two pages from the MC minutes of the 1st. April 1982

meeting ("CHA 1" 844), (19-20). The first page sets out those in attendance.

The second page contains an extract, item 88 in relation to the financial

10