TNAG-0682-FCO40-831-Political-aspects-of-administration-of-justice-in-Hong-Kong-1977 — Page 94

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City's Police Force and that for a period in 1956 his salary was to an account at a anchester bank. Those events, however, are too remote to assist the Crom. What is of more significance is that the first five bank drafts purchsed on behalf of the first appellant during the pories under review wore for the chudit of .j.r. Cunningham at the Old Bafford Branch of Barclays Bank Limited. That is the fact to which the Chan has thmoore attyst and does not duŋend uɔoñ

Reply to the 3.14 Notice. The tried judge found as a fact "thet the C. Cunningham ther, ro rrd to was the same C... Cunningham whore passport was for the court, that is the first appellant. The five drafts vore ell dated July 1971. Thereafter numerous drafts were sent to the samo ban't by reference to an account number and without

the name "Call". Cunningham appearing thercon. There were interruptions

sometimes of several months' duration, when the drafts were sent to the National Westminster Bankot Bakewell end less frequently drafts- were paid into Mrs. Cunningham's Barclays Bank account at Leeds. The drafts were, on the videno, purchased with monics emanating from bank accounts maintained by various witnesses which accounts wore fed from the monies ruceived Amon co

cuived from collectors. It would, we consider,

be fanciful in the cxtrome to imagine that these English accounts were not accounts either owned by the first appellent or over which ho exorcised control and there was ample evidence upon which the learned judge could come to tht conclusion without reference to the Reply to the s.14 Notic. At the same tine similar considerations must apply to the fourteen remittances totalling £5,800 sent by or on behalf of the second appellent to numbered accounts in a bank in Winchester.

If, hovove, that be wrong and if we are also wrong in considering that th: pridence of Leu and Cheng was sufficient to

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justify the convictions, to are completely satisfied that there has been no miscarriage of justice and accordingly we would, if necessary, apply the proviso to 5.85(1) of the Criminal Procedure Ordinance to the ection of the tricl judge in admitting for the purpos: of the conspiracy charno, the information as to the bank accounts contained in the Replies to the s.14 Hoticos.

Th. expurls are dismissed.

Scriven r,.. and 3. Chur (cmptor Winter & lynn) for appellants. polats & idems, S.C, for respondant.

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