TNAG-2754-FCO40-3971-Business-matters-in-Hong-Kong-acquisition-of-Midland-Bank-by-1993 — Page 34

RESTRICTED

HKB

102/1

RESTRICTED

FM HONG KONG

RECEI

TO PRIORITY FCO

*N INGISTRY

03 AWD 1993

TELNO 1096

DESK OFFICER

REGISTRY

INDEX

PA

Action Taken

OF 07082OZ JULY 93

INFO PRIORITY WASHINGTON

12

036615 MDLIAN 3617

CAMARO CASE: U.S. LETTER OF REQUEST TO HONG KONG COURTS. YR TELNO 1517.

1. THE US DEPARTMENT OF JUSTICE HAS NOT YET CONSULTED THE CROWN

SOLICITOR ON THE PROPOSED APPLICATION TO THE ALABAMA COURTS TO PREVENT THE TARGET FROM INTERVENING IN HONG KONG PROCEEDINGS. WE AGREE THAT THE U.S. AUTHORITIES SHOULD NOT RESORT TO THIS COURSE OF ACTION.

2.

HONG KONG RULES OF SUPREME COURT (RSC) ALLOW AFFECTED PARTIES TO APPLY TO SET ASIDE ORDERS MADE EX-PARTE (0.32 R6 RSC). AN ORDER PURSUANT TO A LETTER OF REQUEST IS MADE ON AN EX-PARTE APPLICATION. FURTHER, HONG KONG LAW REQUIRES THAT NOTICE OF EXAMINATION OF WITNESSES MUST BE GIVEN BY THE PARTY APPLYING FOR THE ORDER TO ALL OTHER PARTIES (0.39 R6 RSC).

PATTEN

YYYY

MAIN

29

ERD

NAD

DISTRIBUTION

33

HKD

LEGAL ADVISERS

ADDITIONAL

DTI/ECTR3B// MS GODWIN BANKE//MR SIMPSON

HMT// MR MOLAN

INLAND REVENUE//MR LAWSON

NNNN

PAGE 1 RESTRICTED