TNAG-2389-FCO40-3471-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 44

-JUL-91

THU

9:31

L 04 '91 08:37

C. 3. 91

MIKE

P.

KINGSTON

168 P13

P13

BOASE & COHEN 832-$293035

12:47 PM

į

17(0)'

production' of physical evidence under 17 (0) or for depositions under 17(1), the actual taking of the deposition is governed by

Criminal Rule 15. Rule 15(b) specifically provides that "[t]he

party at whose instance a deposition is to be taken shall give to

every party reasonable written notice of the time and place for

taking the deposition."

1. The orders pid not Adopt Any other procedure for the Deposition

The only remaining alternative is that the Orders specified a procedure for the depositions which was different from

both the Civil Rules and the Criminal Rules. It could be argued

that the phrase "to obtain testimony and other evidence in

conformity with the captioned Letter of Request" should be interpreted not only as describing the evidence to be discovered but also the means of obtaining it. However, it seems clear that this reference to the Letters of Request, which contain quite detailed descriptions of the particular record sought from each

bank, is primarily identifies the evidence desired by the Hong Kong

authorities.

In order to decide whether the reference is also meant

to incorporate specific procedures for obtaining evidence described in the Letters, it is necessary to examine the Letters themselves.

'For that reason, the document production itself was improper, and the documents were properly sent to Hong Kong.

10

17

C

no

N