71
88
52.
other witnesses will also refer to. Identified by name and amounts. Existence of a corrupt syndicate of collecting
money from illegal establishments in terms as witness has given ovidence.)
(Mr. Hampton: It appears my learned friend has confused position of
witness. He is a witness and not accused. Any document
found in possession of accused is against him.
This
appears to go with what my friend has said, as a
contemporary record. No evidence as to it being contemporary record. Witness said he copied from papers which Yin Yiu gave him not witness writing
from
his own personal knowledge. Each of the reasons are incorrect. Seems to me that (a) it is self serving (b) copy of a copy secondary evidence and (c)
it is irrelevant.
d
Mr. Gunston:
Nothing to say.
89
(Document must for the time being be not admissible in cvidence as (1) witness has not stated that it was contemporaneous and (2) that it is within his personal knowledge and what Mr. Hampton rightly stated
that the witness copied it from information supplied him by Yin Yiu through another document. >
Mr. Sceats: Ask that document be marked provisionally at this stage.
Hr. Hampton: Only rule of law which I know about allows
a witness
to give verbal evidence of written statement and also he
is using it to refresh his memory.
Court: I have already stated that the documents are not admissible
for the time being and they will not be marked for
identification.
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