-JUL-91
THU
9:31
L 04 '91 08:37
C. 3. 91
MIKE
P.
KINGSTON
168 P13
P13
BOASE & COHEN 832-$293035
12:47 PM
į
17(0)'
production' of physical evidence under 17 (0) or for depositions under 17(1), the actual taking of the deposition is governed by
Criminal Rule 15. Rule 15(b) specifically provides that "[t]he
party at whose instance a deposition is to be taken shall give to
every party reasonable written notice of the time and place for
taking the deposition."
1. The orders pid not Adopt Any other procedure for the Deposition
The only remaining alternative is that the Orders specified a procedure for the depositions which was different from
both the Civil Rules and the Criminal Rules. It could be argued
that the phrase "to obtain testimony and other evidence in
conformity with the captioned Letter of Request" should be interpreted not only as describing the evidence to be discovered but also the means of obtaining it. However, it seems clear that this reference to the Letters of Request, which contain quite detailed descriptions of the particular record sought from each
bank, is primarily identifies the evidence desired by the Hong Kong
authorities.
In order to decide whether the reference is also meant
to incorporate specific procedures for obtaining evidence described in the Letters, it is necessary to examine the Letters themselves.
'For that reason, the document production itself was improper, and the documents were properly sent to Hong Kong.
10
17
C
no
N