TNAG-2389-FCO40-3471-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 58

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C

C

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

to the minutes books. be permitted access that my Counsel would not parties were thereafter unable to resolve this matter of inspection.

9.

The

17th October 1986, my When the committal proceedings recommenced - on counsel submitted to the Court that if BBMB refused to allow inspection of

the case,

this would their minutes and other relevant documents material to 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

BBMB to

as to materiality

1986 28th October

sent by Counsel in the telex of confirmed instructed by the HK Government, Mr Clive Nicholls, QC to, Messrs Chooi & Co,

urged

permit the "LEO

the Chief 1"), (Page 7

Magistrate had examination by Counsel for the BK Government in the presence of one of their officers, "of all their minutes and other material documents over the period

be to

final. 1979 to 1984". with Counsel's decision 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 document: available for inspection. As the fugitives were former Directors of BBMB h failed to see any valid argument of confidentiality as the fugitives were a all material times directors of the bank". The Court further stated "that fo the HK Government to rely on individual items plucked out of context could b I to risk injustice through its real weight or meaning being misunderstood". the circumstances, the Court requested the HK Government to approach BBMB ar 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

BBMB's position remained unchanged, however. reconsider their decision. result, it was necessary for the K Government to make an application to the

As

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