MAY 14 '92 19:34 CLIFFORD CHANCE HK 852 8104708
P.18
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been instituted by BMFL and BBMB against Saniman and the others for recovery of the huge losses suffered by BMFL.
It is obviously disadvantageous to the plaintiff in civil proceedings that Saniman is able to avoid his trial in criminal proceedings in this way. The divil proceedings rely on identical allegations to the criminal proceedings relating to the significant advances from BMFL authorised by Saniman and his directors to George Tan and his group of companies.
It is beyond per adventure that the sworn testimony of numerous witnesses establishes Saniman's role in this fraud. Courts in Hong Kong and the United Kingdom have found cases established against both Shamsudin and Osman, involving Rais Saniman, based on the same evidence and allegations presented to the French Courts. Importantly the French Courts have satisfied In the themselves that Saniman is criminally involved in the fraud. circumstances it is only appropriate that a Hong Kong Court be given the opportunity to make a determination in respect of the guilt or innocence of Rais Saniman.
DATED this 14th day of May 1992
GRAHAM CAMPBELL GRANT
TEMPLE CHAMBERS
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