169
245
244
146.
leads to purchase of bank drafts and of the other funds used for purchase of bank drafts for benefit of defendants came from this bank account and also to negate any argument purchase money for drafts was drawn from this account. Instruction in P73 was in
fact complied with.
Mr. Hampton: In my submission ho has not addressed on relevance of
the argument an iota. Only possible material matter he has raised
is negating our argument that certain funds emanated from this
account.
Hr. Gunston: I would only say my friend is perfectly right.
Court: Documents admitted in evidence.
I produce the documents (Exh. P74). Charges and pay in slips are microfilmed on day after they are presented. Receipts are
microfilmed same day and microfilms are sent to Microfilm Library
and daily vouchers are destroyed after 3 weeks. Ledger kept to show vouchers destroyed after 3 months. (Exhs. P34 & PP35 referred).
They are both cash cheques drawn by Mr. Cunningham and paid through Hang Seng Bank, Kowloon City Branch. I can't tell when these cheques
were returned to the branch. Both these documents were taken from
microfilm. The originals of these cheques are not in existence. (Exh. P74 referred). Cheque No. 701274 for $4000 was debited to his account on 25/7/72 and cheque No. 701213 for $7000 was debited against his account on 25/7/72. (PP34 & PP35 to be produced under Section 40 of Evidence Ordinance). Exh. P34 P35
Exh. P34 3 P35 - certified
translations P34A to P35A7.
(Document shown to witness) This is a debit slip relating to Outward Remittance Department of Bank. This is also reproduced from microfilm. The original I can say has been destroyed All the vouchers and cheques have been destroyed. This is debited to Mr. Cunningham's account. (P74 referred) It is shown as being debited to his account on 31/8/74 the amount of $11789.50. There have been no inquiries regarding the remittance of this sum. (Hr. Sceats applies for the admission of this document under I produce this document (Exh. P75).
5.40 of the Evidence Ordinance). (Document shown to witness)