TNAG-0683-FCO40-832-Political-aspects-of-administration-of-justice-in-Hong-Kong-1977 — Page 381

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any of those missing applicants are dead nor in there evidence they are

beyond the seas, nor unfit by reason of body or mental condition, nor they

can't have any recollection and leaves only one criterion and that is that

they cannot with reasonable diligence be identified or found. This of

course applies mainly to what I call the Li wah group. My learned ·

friend apparently concedes basis of admissibility in relation to Lee

wah and his group is that reasonable diligence and word "reasonable"

has been used reminds one of situation where the relative merits

of various types of army officer was being discussed and they were broken

down into various categories, there was the intelligent and diligent,

there was the intelligent and lazy. There was the ignorant and diligent

and the ignorant and lazy. suprisingly as it may seen the category described as being the worst was the ignorant but diligent and the reason

for that was they were doing it wrong but working very hard et it. It

seams to sum up to me exactly the situation which is given by evidence

of 19. He was doing it wrong but working hard at it and it points

out highlights the importance of the word reasonable, diligence and

lazy the Crown must show that they were working hard at it. easonable

shows that the Crown must show bit. was doing right and working hard at it. FW19 I made inquiries at the Registration of Persons Depart- ment because of lack of Chinese characters the result was negative". He then visits premises at Merlin Street inquires about certain names.

He made no notes but remember a few names. We do not imow what his

inquiries at Merlin Street are. Then a brilliant tour de force to check

records if they are serving policemen and he comes up with one wergeant with same name as one of the persons Tang ah and it is agreed he did not serve and then presumably as a final try as an option of desperation he checks ICAC records to see if they are suspects. Extremely surprised to learn that such inquiries are put forward by prosecution as reasonable diligence. 45 I understand it some possibly 11000 members of the Police Force why 11000 compared to this population of 5

cross-section I can't see. fle next chooses the

Folice Department and then checks suspects of ICAO. Not even one name

telephone directory something like. 80 to 100 Lee Maho.

and

million as a fair

w

except for fang wah.

Cotterill looked at

and found all the names

(Court: Could it be said that if he looked at the name Lee wah in

telephone directory he would have found the address of that person