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there could be said to be a cover up in Malaya as to the
responsibility of persons in high places in failing to take
action to prevent what happened, this did not mean that Mr.
Osman was not guilty of the offences with which he was charged.
The offences in relation to which there had been found to be a
prima facie case by the Chief Stipendiary Magistrate could have
been committed, albeit that criticism could properly be made of
persons in high places in Malaysia.
In connection with the B.B.M. B. documents, reliance is
placed upon the extent of the immunity granted to Mr. Jafaar,
having regard to the criticisms which are made in the B.B.M.B.
documents of his part in what happened. However, the decision
as to whether or not to grant immunity was a difficult and
sensitive one and the fact that immunity was granted does not
suggest in any way that the Hong Kong Government has not been
acting in good faith in proceeding against Mr. Osman on the
basis of Jafaar's evidence. Reliance is also placed upon the
fact that in the documents there is a description by Mr. Chooi
of the witness, Mr. Wong Aun Phui, who gave evidence in
connection with the extradition proceedings on behalf of the
Hong Kong Government in which that witness is described as "very
nervous and appeared to be covering up". We do not know
whether this information was conveyed by Mr. Chooi to the Hong
Kong Government at the time, but even if it was, it would not
disentitle the Hong Kong Government from properly relying on his
evidence.
Reliance is also placed on the contrast between the
response of the Government to the losses which were also
suffered by the the Hong Kong and Shanghai Bank as a result of
the Carrian Group collapse (where there are to be no
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