TNAG-2754-FCO40-3971-Business-matters-in-Hong-Kong-acquisition-of-Midland-Bank-by-1993 — Page 44

FROM MORGAN LEWIS & BOCKIUS

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02-JUN-1993 12/29

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(TUE)06. 29 93 10:46/ST. 09:51/NO. 3560581446 P 7/7

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I reluctantly find myself unable to agree with this submission, die letters of request state clearly that the request comes from the United States District Court for the Southern District of New York, there is no reference whatsoever to the District Court in Alabama. Mr Hamlin concedes that the District Courts of the United States are not part of a vzitary court systez, be can only suggest that there must be a close relationship between such District Courts.

I find that the United States District Court for the Southern District of New York is the requesting court and that it has not been shown that the institution of proceedings, if the evidence is obtained, will be before that requesting court. Accordingly, the provisions of the Evidence Ordinance have not been complied with.

There will be an order in terms of the intervener's summons

dated the 21st July, 1993.

Jambay

(T.J. Ryan) Judge of the High Court

Mr P. Hamlin, Crown Prosecutor, for the Crown

Mr W. Stone, inst'd by M/s Day & Chan, for the Intervener

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