FRIDAY, OCTOBER 31, 1936
BILL SEEKS TO FACILITATE PROSECUTION OF COMMERCIAL CRIME
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A BILL DESIGNED TO OVERCOME DIFFICULTIES IN OBTAINING EVIDENCE FROM OVERSEAS JURISDICTIONS IN RESPECT OF FRAUDS PERPETRATED IN HONG KONG WAS PUBLISHED IN THE GAZETTE TODAY (FRIDAY).
A GOVERNMENT SPOKESMAN POINTED OUT THAT THE EVIDENCE (AMENDMENT) BILL 1986 WOULD SEEK TO REMOVE PROBLEMS ENCOUNTERED IN TWO AREAS, FACILITATING THE PROSECUTION OF COMMERCIAL CRIME.
+THE CURRENT WORDING OF CERTAIN PROVISIONS OF THE EVIDENCE ORDINANCE DOES NOT ALLOW THE ADMISSION INTO EVIDENCE OF THE RECORDS OF BANKS, BOTH LOCAL AND OVERSEAS, WHICH ARE EITHER DEFUNCT OR IN THE PROCESS OF LIQUIDATION.
+BANKERS' RECORDS ARE CURRENTLY GOVERNED BY SECTIONS 19B AND 20 OF THE ORDINANCE, WHERE THOSE RECORDS ARE TO BE PROVED BY WAY OF AFFIDAVIT OR AFFIRMATION, AND BY SECTION 77F(2)(B), WHERE THOSE RECORDS ARE TO BE PROVED BY WAY OF DEPOSITION TAKEN OVERSEAS BEFORE A JUDICIAL OFFICER OR TRIBUNAL, HE SAID.
+THESE SECTIONS ARE WORDED IN SUCH A WAY AS TO GIVE AN IMPRESSION THAT THEY APPLY ONLY TO OPERATING INSTITUTIONS, + THE SPOKESMAN SAID.
SECTION 19B REFERRED TO ANY BODY +.... WHICH CARRIES ON THE BUSINESS OF BANKING OUTSIDE HONG KONG+.
SECTION 20 ALLOWED THE PRODUCTION OF A BANKERS' RECORD WHICH IS IN THE CUSTODY OR CONTROL OF THE BANK+.
SECTION 77F(2)(B) REQUIRED THAT THE PERSON MAKING AN AFFIDAVIT OR DEPOSITION TO PROVE SUCH RECORDS MUST BE AN OFFICER OF THE BANKING BODY.
THE SPOKESMAN SAID THAT IN THE CASE OF A DEFUNCT BANK, THESE LEGISLATIVE REQUIREMENTS COULD NOT BE MET.
+THE BILL WILL ALLOW THOSE PROVISIONS TO OPERATE IN RESPECT OF DEFUNCT BANKS, THEREBY ALLOWING THE ADMISSIBILITY OF EVIDENCE WHICH WOULD OTHERWISE BE LOST BECAUSE OF MERE TECHNICAL ITY, HE SAID,
THE SPOKESMAN NOTED THAT THE SECOND AREA OF CONCERN RELATED TO CASES WHERE EVIDENCE WAS OBTAINED FROM OVERSEAS PURSUANT TO A LETTER OF REQUEST. +FOR DOCUMENTS TENDERED IN EVIDENCE PURSUANT TO SECTIONS 77F(1)(C) OR (D), ORIGINALS RATHER THAN COPIES MUST BE ATTACHED TO DEPOSITIONS ADMITTED IN EVIDENCE.+
THIS CAUSED PROBLEMS BECAUSE MANY DOCUMENTS SUCH AS CHEQUES AND CREDIT ADVICES WERE NOT RETAINED AS ORIGINALS BY MANY BANKS BUT WERE DESTROYED AFTER MICROFILMING. IN SOME CASES,
IN SOME CASES, THE ORIGINAL DOCUMENT MIGHT BE IN THE HANDS OF A DEFENDANT AND THE INSTITUTION MIGHT ONLY HAVE A COPY.
THE BILL ...