1
7
WEDNESDAY, NOVEMBER 19, 1986
THE FIRST RELATED TO THE ADMISSION INTO EVIDENCE OF THE RECORDS OF BANKS THAT WERE EITHER DEFUNCT OR IN THE PROCESS OF LIQUIDATION.
THE SECOND CONCERNED THE REQUIREMENT THAT ORIGINALS OF DOCUMENTS MUST BE ANNEXED TO DEPOSITIONS OBTAINED AS A RESULT OF A LETTER OF REQUEST TO AN OVERSEAS JURISDICTION TO OBTAIN EVIDENCE FOR THE PURPOSES OF HONG KONG PROCEEDINGS.
REFERRING TO THE USE OF BANKERS RECORDS IN LEGAL PROCEEDINGS, MR THOMAS SAID REFERENCES IN CERTAIN SECTIONS TO PROVING OF RECORDS BY WAY OF AFFIDAVIT, AFFIRMATION OR DEPOSITION APPEARED TO APPLY ONLY TO OPERATING INSTITUTIONS.
THE BILL PROPOSED TO AMEND THE ORDINANCE SO AS TO ALLOW THESE SECTIONS TO OPERATE IN CONNECTION WITH CRIMINAL PROCEEDINGS NOT ONLY IN RESPECT OF BANKS THAT CARRIED ON BUSINESS, BUT ALSO IN RESPECT OF DEFUNCT BANKS OR BANKS THAT WERE IN THE PROCESS OF LIQUIDATION, WHETHER IN HONG KONG OR OVERSEAS.
THE SECOND AREA OF CONCERN RELATED TO THE REQUIREMENT FOR THE ANNEXURE TO DEPOSITIONS TAKEN OVERSEAS OF ORIGINAL DOCUMENTS RATHER THAN COPIES. THIS REQUIREMENT WAS IN CONTRAST TO THE PROVISIONS THAT ENABLED COPIES OF LOCAL+ DOCUMENTS TO BE ADMITTED UNDER THE ORDINANCE.
+WITH THE DEVELOPMENT OF MODERN TECHNOLOGY, DOCUMENTS SUCH AS CHEQUES OR CREDIT ADVICES ARE NOT RETAINED AS ORIGINALS BY MANY FINANCIAL INSTITUTIONS BUT ARE DESTROYED AFTER MICROFILMING,+ MR THOMAS SAID.
VARIOUS FACTORS ARISING FROM THIS MADE THE REQUIREMENT FOR THE PRODUCTION OF ORIGINALS UNDER THE RELEVANT SECTION DIFFICULT, IF NOT IMPOSSIBLE, TO MEET, MR THOMAS SAID.
+RECENT COURT DECISIONS IN THE UNITED KINGDOM SUPPORT THE MODERN VIEW THAT THE FACT THAT DOCUMENTS ARE MERELY COPIES AFFECTS THE QUESTION OF THEIR CREDIBILITY, NOT THEIR ADMISSIBILITY.+
THE BILL PROPOSED TO AMEND THE ORDINANCE TO DISPENSE WITH THE REQUIREMENT THAT DOCUMENTS ANNEXED TO DEPOSITIONS TENDERED IN EVIDENCE UNDER THE RELEVANT SECTION MUST BE THE ORIGINALS.
THE JUDICIARY, THE LAW SOCIETY AND BAR ASSOCIATION AND INTERESTED GOVERNMENT DEPARTMENTS HAD BEEN FULLY CONSULTED, AND THE PROPOSALS HAD THEIR SUPPORT, HE ADDED.
DE BATE ON THE BILL WAS ADJOURNED.
-
18