331.
354
556
537
is explained.
r. ceats: ot seeking to give any secondary evidence of the documents.
Phall seek to put documents to him merely for purpose of being
names appearing on those documents in relation to inquiries he conducted. Not seeking to have r. Chow prove documents at all. Section 22(1)(b) of Evidence Ordinance necessary for Crown relying on that position to show that person is dead or cannot with reasonable diligence be identified or found inquiries were directed. To enable him to conduct inquiries it
Ma
Mr. Chow'
wal Lucessary for him to look at the documents and see the details thereon and conduct inquiries and endeavour to find those persons. subit that that was done. Reason why those person cannot be brought before Court to depose on matters contained in those
do cuments.
tizanton. Ubject to verbal evidence of the written documents.
That evidence is not admissible.
Avidence given by witness regarding his inquiries into hereabouts of persons named by him admissible?
Mr. Hampton: This is what I might call a cautioning objection in
HT.
advance. witness has given certain names.e har said he has for- cotten other names. My learned friend says he is going to put certain documents to him are not this witness' documents. Clearly not notes made by witness from which he can refresh his menory. If application forms contains names other than those particularized by him were shown.
ir ceats; Do
propose to put to witness application forms and ask him whether he has made inquiries. The particular names which appear in these documents nonsensical if a party seeks to rely on section 22 of Evidence vräinance was preclun ed from adducing evidence to satisfy provisions of that ordinance. Documents put to him merely for purpose to advise court when if any steps have been taken to find or identify persons who appear to be makers of these documents. Cannot conceive of any way unless party seeking to rely on it produces that document. Pourae material was the application.
whart
Mr. Hampton: In my respectful submission my learned friend's argument
is misconceived. Admittedly to use section 22 certain ground work my learned friend must lay but in laying that ground work he is
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