YS 300
CONFIDENTIAL
IMMEDIATE
HER/CAT A
FM HONG KONG 210706Z
CONFIDENTIAL
TO IMMEDIATE FCO TELNO 75 OF 21 JANUARY. 1974.
RECEIVED IN REGISTRY No. 1
21 JAN1974
DESKBY 21/0908Z
M.I.P.T.
REXT
REF
HKIK211
MR KWAN KUNG WAS KILLED ON 20 JULY AT ABOUT MID-DAY IN GOOD WEATHER, WHILE RIDING HIS BICYCLE IN ARGYLE STREET. THIS IS
A MAJOR ROAD IN KOWLOON, WITH THREE LANE TRAFFIC IN EACH DIRECTION, AND A HIGH RAILING FENCE DOWN THE MIDDLE BROKEN ONLY BY GAPS AT PEDESTRIAN CROSSINGS AND MAJOR TRAFFIC INTERSECTIONS. THE DRIVER OF THE CAR WHICH HIT HIM STATED THAT MR KWAN ON HIS CYCLE IN THE MIDDLE LANE WAS APPROACHING A PEDESTRIAN CROSSING. HE SUDDENLY SWERVED TO HIS RIGHT FROM THE MIDDLE LANE INTO THE OUTSIDE LANE IN FRONT
OF THE CAR. THERE WAS NOT TIME TO AVOID A COLLISION, SKID MARKS
SUPPORT THE DRIVER'S CLAIM THAT HE WAS NOT EXCEEDING 30 M.P.H,
THERE WERE NO INDEPENDENT WITNESSES.
MR KWAN'S HOME WAS ON THE OPPOSITE SIDE OF ARGYLE STREET NEAR
THE PEDESTRIAN CROSSING WHERE HE WAS KILLED. IT IS THE POLICE
OPINION THAT HE WAS TRYING TO MAKE A SHORT CUT HOME THROUGH A GAP IN THE FENCE AT THE PEDESTRIAN CROSSING, THE ALTERNATIVE BEING TO GO SEVERAL HUNDRED YARDS FURTHER TO THE NEXT TRAFFIC INTERSECTION.
THE EVIDENCE THUS AVAILABLE DID NOT DISCLOSE THE COMMISSION OF ANY
TRAFFIC OFFENCE BY THE DRIVER OF THE VEHICLE AND NO PROSECUTION WAS THEREFORE INSTITUTED. THE PAPERS WERE, HOWEVER, IN ACCORDANCE WITH PRACTICE SENT TO THE CORONER WHO DECIDED THAT NO DEATH INQUIRY
WAS NECESSARY. THE PAPERS WERE THEN SENT TO THE LEGAL DEPARTMENT
WHICH SAW NO REASON TO DISAGREE WITH THE CORONER'S DECISION.
THE MAN'S SON ASKED THE POLICE FOR INFORMATION ON 11 AUGUST. AS THE RESULT OF A CLERICAL ERROR, HE WAS SENT ON 27 AUGUST THE WRONG FORM, THIS STATED THAT NO POLICE INVESTIGATION HAD BEEN OPENED BECAUSE NO INJURY HAD RESULTED FROM THE ACCIDENT AND THE MATTER WAS ONE WHICH THE PARTIES WISHED TO SETTLE THEMSELVES. HE SHOULD HAVE
BEEN SENT A FORM STATING THAT THE INFORMATION HE SOUGHT WOULD BE PROVIDED WHEN THE INVESTIGATION WAS COMPLETE. THE CLERK /RESPONSIBLE
CONFIDENTIAL
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