THE Government has decided not to press charges against the two former company directors who have supposedly lied under oath on their past criminal records. The well-publicised case involved two ex-directors of the listed textile equipment maker Win Win Holdings who failed to report their past criminal records to the stock exchange in a statutory declaration made in 1992. A police source revealed that Savio Lam Kam-chuen and Garry Lam Kam-yin had been put on cash bail since July 6, when they were arrested, until October 30 when they were formally released from bail. 'The Legal Department concluded that there is insufficient evidence to secure a successful prosecution,' the source said. Under listing rules which became effective in late 1992, all directors are required to make a statutory declaration on their past history including whether they have any criminal record. The Lam brothers resigned after their criminal records were exposed and they were publicly censured by the stock exchange. A police source said the decision was made after the Commercial Crime Bureau (CCB) had sought opinion from the Legal Department twice. Initially the two directors were arrested pending a possible charge of making a false statutory declaration. Making a false declaration violates the Crimes Ordinance, Section 36, which states that it is a crime for any person to knowingly and wilfully make a statement false in a material particular, such statement to be made in a statutory declaration. The initial stance of the Legal Department was a positive one that the directors could face charges. On second thoughts, the Legal Department reversed its position as complications arose during the course of the police inquiry. The CCB found discrepancies in the accounts given by the company's lawyers and the directors. The process of administering the oath-taking was another grey area. The source said these two areas made the case too shaky to proceed. But he added that the problems should not jeopardise similar cases.