COLLECTION OF OVERSEAS EVIDENCE
Collection of Malaysian Evidence
12. On 10 June 1991, Leading Counsel for the Hong Kong Government
Magistrate Sinclair in Hong Kong that the Crown was
informed
"not in the position to comply with
the
an
in
still, as at that date,
requirements of the Complex Commercial Crimes Ordinance upon
application for transfer to the High Court nor, alternatively,
provide the material required by section 80A (4) for committal
the BMFL case. ("LEO 1, page 1) This means that, despite the
lapse of time as aforesaid, the Hong Kong Government has failed
collect essential evidence upon which it admits its
is based ("LEO
to
prosecution
1", pages 2-3).
13. The history of the Malaysian evidence collecting exercise is
as follows:-
ex
the
(1) On 11th December 1985, the Hong Kong government made an
parte
Court application before Master Betts of the High
of
Hong Kong for an order that a Letter of Request be issued to
High Court of Malaysia ("the 1985 Letter of Request") for
collecting evidence in Malaysia. Pursuant to the 1985 Letter of
Request, the Hong Kong Government obtained depositions from 44
witnesses. It also obtained voluntary statements from Tan Sri
Kamarul
the
Ariffin ("Ariffin") and Nawawi Mat Awin ("Nawawi"),
Chairmen of Bank Bumiputra Malaysia Berhad ("BBMB"), the parent
8
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