TNAG-2754-FCO40-3971-Business-matters-in-Hong-Kong-acquisition-of-Midland-Bank-by-1993 — Page 30

07/19/93

10:27

202 898 4224

COMMERCIAL WASH

07/14/93

11:39 -JUL-1993 17:07

202 514 2085

DAAG

LEGAL DEPT

2

2005/008

→→→ BRITISH EMB-WASH 2004/005

Is

it

correct to say that the normal life span of a Grand Jury is no more than 18 months? If so, please let me know when the tenure of the present grand jury is due to expire and also whether an extension of its services will be granted by court. We must ensure that the grand jury is alive If during the subsistence of the proceedings in Hong Kong. not,

a party may contend that it is an abuse of the process of the courte of Hong Kong to collect evidence for the purposes

proceeding that of a

ceased to exist in the requesting jurisdiction.

has

I note that you wished to have a discussion with Patrick Hamlin regarding your proposed application to the US courts for an order to prevent the targets from intervening in the Hong Kong proceedings.

As you are aware, an order pursuant to a letter of A request is made on an ex-parte application to our courts.

order may apply to set it aside party affected by such

Kong under Order 32 Rule 6 of the Rules of the Supreme Court. Kong law also provides that notice of examination of witnesses pursuant to letter of request must be given by the party applying for the order to all other parties (Order 39 Rule 6 of R&C). Accordingly, Domar Ishler and Twentieth Century Marketing will have to be notified of the examination at the relevant time. They are also entitled to be represented by In counsel at the examination to cross examine the witnesses. my experience, non-compliance of Order 39 Rule 6 has resulted court until proof of in examinations being adjourned by notification of examination is filed in court.

In view of the foregoing, an order of the District Court of Alabama preventing the targets from intervening in our application pursuant the letter of request, will stand to In any event such fatter the

the powers of the Hong Kong courts.

an order will not be binding on our courts.

me

if

Please telephone matters arising from this letter.

you wish

to

any

discuss I would be happy to assist.

Encl

Yours sincerely,

Rakel Jama

(Ms Rukmal Gunasekera ) Deputy Crown Solicitor (Acting)

Civil Litigation Unit

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