TNAG-0683-FCO40-832-Political-aspects-of-administration-of-justice-in-Hong-Kong-1977 — Page 382

609

391

368.

12 merlin street, ground floor;

the answer to that is that P19 was making his inquiries in Uctober 1975

and evidence is that Lee wah moved away from 12 herlin street long

before 1975 and if he was looking for name with address 12 merlin Street

he would have been wrong. The person Lee wah he was looking for did not

have address merlin Street. The exercise which would have taken a

matter of a few hours which would have located people of the proper

namos was not even located. Crown has fallen far short of the ground

work they are required to lay before calling in aid this very important

evidential privilege which has been conferred upon them by section 22.

what this section is saying "you do a hard job of work and intelligent

jobs of work to locate the witness if despite that you fail then section 22 may be used".

Do not say that telephone book is necessary that

used of reasonable inquiries. Other avenes of inquiry are clearly

open in Immigration records, revenue records. Having ruled out the Registration of Persons the Police and ICAC suspects. None of these

application forms should be admitted on the grounds that Crown has failed to show reasonable diligence.

(Mr. Hampton:

Perhaps this is a reasonable time to adjourn. Fighting off flu and would appreciate short adjournment.)

Court adjourned 15 minutes.

(od.) A. Garcia

District Judge

8/12/75

Court resumes at 12.15.

Appearances as before.

Mr. Hampton: My learned friend invited Your Honour to look at the

question of admissibility of drafts on what he calls the totality of

the evidence, but this submission proceeded on the totality of the

drafts, and he indicated that section 22 and I assume sub-section 2

permits the Court to do this. In my respectful submission this is a

wrong approach. It is a wrong approach which may have been contributed