151

217

132.

I drew up these documents on Ma Hak Shing's instructions. These documents are to ascertain accounts handled by Ah Luk were clear or not. There is no other writing than mine on those 2 documents.

h Luk had seen these 2 documents other than Ka Hak Shing.

Court adjourned to 10 a.m. 11/11/75

(Sa.) A. Garcia District Judge

10/11/75

218

11th November 1975

219

Coram: A. Garcia, D.J. in Court.

Court resumes at 10 c.m.

Appearances as before.

PW10 Cheng Cheuk Fan reminded of affirmation:

Mr. Hampton: Witness has said that information which he used to compile this document came from someone else, that is hearsay. Fact that it came in writing from someone else makes it no less hearsay. It makes it written hearsay. The fact that he wrote out the information again in his own handwriting has no effect whatsoever on admissibility. It merely makes it a copy of written hearsay. No difference if Mr. Guy of ICAC stood up in box and said "I have written statements from 38 witnesses." This would be objected to and would be objectionable. These documents are not admissible.

Mr. Gunston: Nothing to add to what I said yesterday.

Ruling:Objection has been taken to the admissibility of 2 documents described as lists by the witness, compiled by him from information supplied to him by Ah Luk or Luk Hoi Tung. Ah Luk has also given evidence to this effect that upon receipt of money ho would hand it over with a piece of paper for the witness to record.

These documents which are the subject matter of the objection record amounts of money received from various gambling and drug establishments of which collective evidence has been given by Lau Wai, Chiu Chi Hung and Luk Hoi Tung, all of whom are said to be co-conspirators in this conspiracy.

Share This Page