1
8
p.25
Mr. Hazlerigg's Report clearly discloses
a possibility that they were genuine signatures
obtained by fraud, and that in the great pressure of
business at the end of the year (153 cheques were
signed on the date in question, 30th December, 1927)
these three cheques, supported by cleverly forged
vouchers, slipped through and were duly signed by
the two officers. This possibility would not be
excluded by the mere assertion (perfectly honest
as it is) of the two officers that they could not have
have signed cheques for such large amounts payable
to persons unknown to them without extra careful
scrutiny.
Even if forgery of the signatures were
established to the satisfaction of the jury, there
is the further point as to the lack of precaution
in the custody of the cheque books which facilitated
the theft of the two blocks of blank cheques.
This was the kind of point I had in mind
in my minute of the 23rd of April.
Mr. Hazlerigg, citing an English case of
1909, is of opinion that this lack of precaution
would not be held to amount to such negligence as
would stop the Government from repudiating the
cheques. I am not SO sure about it, nor
apparently is the Attorney General (each case of
this kind must turn on its own special facts) but
the point would only arise if forgery of the
signatures were definitely established, and I agree
with the Hong Kong Law Officers that the difficulties
in the way of proving forgery are so great as not to
justify
No comments yet.
Private notes are available after approval.