TNAG-2387-FCO40-3469-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 152

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were made in very similar circumstances to the Carrian loans. But the absence

or disappearance of the loan applications themselves which would enable the

court to assess the bank's compliance with their so called practice, is highly

prejudicial to me. These and other related documents would strongly contradict

the Crown's case against me.

of Maminco Sdn

42. As an example, I refer to the minutes of the special meeting of the BBMB

Board on the 3rd. July 1981. It can be seen that the Board considered and

Bhd.

for a secured approved the application, inter alia,

overdraft of M$65 million, and a secured overdraft of £7 million for the

purpose of working capital. At the Board meeting on 5th. January 1982, the

Board approved a letter of guarantee of. M$75 million to the Maminco company

with no apparent provision for security. During that same meeting, the Board

approved yet another application for Maminco for a call loan in the sum of

US$26 million, a secured overdraft in the sum of £70 million and a secured

overdraft in the sum of M$240 million. It is briefly stated that the security

is "against deposit of ..equivalent value of each drawdown to be placed at our

Butterworth and London branches". Finally, at a special meeting of the Board

on 7th. September 1983, it approved a further application for Maminco for a

loan of US$35 million (to be provided equally by Morgan Guaranty Trust company

and BBMB), with no stated provision

provision for security. The loan applications

produced are only those considered by Loans Committee A : but the relevant

loans which concern me are missing.

:

43. I now turn to the Board and management papers which are missing. The

Board papers comprised an integral part and are indeed the basis of the

meetings of the Board of Directors, as can be confiremd, as in for an example,

the minutes of the Board meeting on 9th November 1981 which I have earlier

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