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Date:
Time:
Reporter:
4.12.90
2.15 - 4.30 p.m.
MEP/38
Mr Nicholls
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1 gathering exercise in Malaysia at the same time as the trial of WestLB/Barclays. I interpose that there the evidence gathering exercise in Malaysia is like a trial in itself because what has to take place is, there has to be the taking of depositions in Malaysia, and those depositions include cross-examination on behalf of the accused. He has to give instructions to his Counsel of those matters. Nor indeed in our submission, can one possibly have for example, an appeal in relation to WestLB/Barclays during the trial of BMFL. It must be in the public interest also to
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avoid any such clash or risk of clash.
May I just go back to that evidence gathering exercise matter for the moment. It is a very important exercise in Malaysi because you will appreciate that witnesses in Malaysia cannot be Evidence which is 15 compelled to give evidence here in Hong Kong.
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gathered in Malaysia under letters of request may be admitted in a court here in Hong Kong in the absence of that witness. That is matter of discretion for the trial judge in the Evidence Ordinanc Section 77E. The exercise of that discretion includes the elemen as to whether it is fair to admit that evidence, taken on deposit
in the absence of the witness.
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COURT: Section ?
MR NICHOLLS:
77E. A judge would have to be 26 satisfied here in Hong Kong, for example, that Mr Tan had an 27 adequate opportunity to cross-examine the witnesses giving their evidence on deposition in Malaysia. That would include the abil to give proper instructions to Counsel. If Mr Tan is involved i the WestLB trial, it would be very difficult to see how he could be expected to do that. I am reminded by Mr Grant appropriately that if Mr Tan was to be represented by the same Counsel in the same proceedings, namely Mr Hamilton, it is difficult to see ho
even he
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things
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and I know our clerks are very capable about these could manage to be in two places at the same time.
VERBATIM REPORTERS
HONG KONG
6573646
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8731167