339.
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553
554
You can draw this analogy
application form
the information in it.
is in one way a letter of instruction or request to a bank which sets
off a chain of events. Chain of events it sets off are the issue
Court:
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of a draft entry in books of the bank of cash coming in to pay for the draft or debiting of the account into bank's ledger with the correspondent bank if bank feels they have 100,000 issue of $2,000 draft bank would be debited and subsequently on receipt of the correspondent bank that debit is vouched for or coufirmed. Application form does not form part of records of bank. My learned friend says no authority on this. I am grateful to Tour Monour for drawing to our attention in Chambers latest authority in this point
V. Tirado. Among several points which came up for decision - s.1(1 of Criminal evidence act.
In my view an application form for a draft cannot be equated to a letter or correspondence sent to a bank or filed by the bank as corres- pondence or letters. The application form for a draft has to be acted upon, and according to what the witness has said here, an exchange rate has to be assigned to a particular currency and the equivalent in Hong Long is required to be paid by the applicant for a draft either in cash or by a debit to the applicant's account if he has an account with the issuing bank and from this information the draft and its copies are Prepared.
The application form is not returned to the customer but is kept by the bank as part of its records and so also are copies of the drafts where the original has been issued to the customer. I am satisfied that the application form and the draft are records of the bank and could come within the definition of banker's bank in sec. 20of the Ordinance as being any other book used in the ordinary business of the bank. The issue of drafts is an ordinary business of the bank. it has also been submitted that the prosecution has not satisfied the provisions of sec. 22(1)(b) of the Evidence Ordinance in seeking to put in the application form and drafts in evidence. I think the prosecution has indicated in evidence all that has been possible to do in the circum- stances and accordingly i rule the documents that is the application
Auth form and draft to be admissible but under sec. 20 and sec.27 of the Evidence urdinance.
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