125.
144
4.
(PP53N shown to witness) This is also signed by me. This is a bank
204
draft.
205
Mr.
•
(PP530 shown to witness) This is bank draft signed by me. (PP53P shown to witness) This is bank draft signed by me. (PP53Q shown to witness) This is bank draft signed by me. (PP53R shown to witness) This is bank draft signed by me. The other particulars were filled in by member of bank's staff. I bought the drafts on Ma Hak Shing's instructions. r. Hampton: Objecting to this evidence of instructions by Ma Hak Shing and previous pieces of evidence this morning and on Friday by this witness where he gave evidence of things that Ma Hak Shing had told him or instructed him. Had an opportunity of discussing this type of evidence with Mr. Gunston. Your Honour will recall point arose once when we were dealing with Chan Sir, when Mr. Gunston objected to instructions in relation to Ma Hak Shing. Mr. Sceats argued that these being statements of a co-conspirator are admissible and on that argument our objections were overruled. We have had further opportunity of going into this matter and it appears Mr. Sceats is quite wrong when he says statements of co-conspirators are admissible. Rule is only statements of co-conspirators in furtherance of the common design. So far as I am aware there has been no evidence of any common design nor are we the defence aware what is the alleged common design. have referred to this difficulty in our request for particulars and motion to quash. Situation which arises each time a statement of a co-conspirator or alleged co-conspirator is referred to points to the great prejudice and disadvantage which flows to defence from prosecution's refusal to clarify this point. I am aware that it does occasionally happen in conspiracy cases that prosecution will seek to have evidence admitted at a stage of the prosecution in advance of proving the common design for convenience or in order to make a consecutive narrative but our objection is taken now. Only fair to defence when these pieces of evidence are brought out to inquire whether they are in furtherance of common design or what that common design is.
We
Mr. Gunston: I support my friend in this. Not only co-conspirator said something which is admissible. Based on rule that one conspirator is agent of another in a common design. I know I have been overruled
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