TNAG-0683-FCO40-832-Political-aspects-of-administration-of-justice-in-Hong-Kong-1977 — Page 385

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as far as the copy drafts are concerned it must be shown that they were paid in relation to that certified copies of ledger accounts,tatements

purporting to come from correspondent banks,singland or elsewhere, have

been produced. They have been allotted exhibit number but has their

admissibility been canvassed. How could statement from correspondent bank put before Court provisionally under section 22 of Evidence Ordinance.

Does not come under section 22 of the Evidence Ordinance. It might be

argued that it comes under section 20 of that Ordinance. All those

documents which are merely copy drafts cannot be for technical reasous

admitted. As far as original drafts are concerned which bear various

notations which are clearly hearsay, are they admissible under the judgment of the Full Court in sturgeon v. R. it might be argued that

they are records of the payee bank, custody of which has been parted with so that the issuing bank keeps them in safe custody on behalf of the payee bank whose records they are. With the utmost respect to the Full Court, that proposition is untenable. Discussion has taken place between myself and .r. Gunston whether Your Honour is bound by such a judgment. On the one hand it is arguable lour Honour is bound,on the other it is arguable if it appears something said in a judgment was made per incuriam,

then Your Monour is not bound Further evidence before this Court that

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before Liv, JJ in sturgeon case tat might elucidate the point. If state of evidence is different, conceivable that judgment in case upon

which the evidence is based might be different. Difference in evidence

here is we now know that the correspondent banks send statements to the iscuing banks which are copies of no doubt machine kept legers of the corresponent bani: so that it is clear that the record exhibited is being kept by the bank in England is the ledger of entries therein with such floating pieces of paper as drafts with a chop or note on the back and

continue on elsewhere.

what apparently was also decided in that case is that such documents are not the records of the issuing bank. (page 3 of judgment K. V. Sturgeon). "Not such" can only refer to status or capacity of the records of the issuing bank. It may well be in sturgeon's case nothing was advanced in respect of payee or correspondent bank. Evidence is different in this case and shown examples of it which indicate very clearly that correspondent and a fortior payee bank maintained records. This submission is advanced not lightly and with utmost respect to the views of the highest Court in this Colony.

their own