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1. This application arises out of a pending action in which the Plaintiff seeks relief for what is alleged to have been his wrongful dismissal from a post as a senior police officer in Hong Kong. The application which is made by the Attorney-General is that the evidence of a Mr. Lewis Mervyn Davies should be admitted as is provided for under R.S.C. Order 38 in the form of an affidavit on the ground that Mr. Davies is now beyond the seas. The Attorney-General concedes through Counsel that it is a