TNAG-2390-FCO40-3472-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 214

Sir John Coles/2

a. The Malaysian Finance Ministry was, at all times, responsible, in law and under the Malaysian constitution, for the activities of the Central Bank, which in turn was also responsible for monitoring the liquidity position at Bank Bumiputra Malaysia Berhad (BBMB). The Ministry of Finance was formally responsible for currency transfers to Bumiputra Malaysia Finance Ltd (BMFL) in Hong Kong.

3. The objective cause of the pressure was the loss of almost US$500m at BMFL, despite the above safeguards.

You will therefore be aware that there was an objectively discernable framework of legal responsibility in Malaysia as regards BBMB, independent of the immediate cause of the loss. It was toward this framework that legitimate concern was directed.

There are

an unlimited number of possible "interests" that Talib may have had in mind, apart from those of justice; revenge, retribution etc. However none of the possible range fulfil the "interests" inherent in any proper prosecution, which must be those of "justice". The statement makes it quite clear that the

author of the cable had a clear idea that Talib had an

objectively corrupt motive or motives in seeking the prosecution.

There are other cables and papers held under Parliamentary privilege in Europe, which I have not yet seen, but which I understand shed considerable light on the above and the "BMF affair" in general.

Further understanding is gained, however, by the facts revealed in TEL 45, where the Malaysian authorities attempted to join the Hong Kong Government to an attempt to suppress the Noordin Committee Report. It is also true that the Noordin Committee:

a. did not have the power to subpoena papers, compel the attendance of witnesses, or take evidence under oath;

b. was unable to examine key members of the board of BBMB, or compel production of BBMB papers;

c. was unable to compel substantive witnesses from the Ministry of Finance or compel production of their papers;

d. was unable to interview the political figures who were legally responsible for BBMB

BMFL;