3 -
All were charged with a robbery which took place at the
Shanghai Commercial Bank at Castle Peak Road, Tsuen Wan on the
11th May, 1973 when 81,506 was stolen.
In addition all were charged with wounding a bank attendant
when perpetrating the robbery on the 14th August, and assault causing
actual bodily harm to a bank guard in the bank and a Securicor guard
outside. They were further charged with false imprisonment (taking as
hostage) of a female employee of the bank, and shooting with intent to
do bodily harm to three bystanders, including a little girl aged 8, at
the time the sergeant was killed.
There were also two false imprisonment charges in respect
of two girls taken during the robbery at the Chartered B nk, Queen's
a similar charge in respect of Road West on the 7th June, 1973 and/a girl taken during the robbery
at the Chartered Bank, Choi Hung Estate on the 10th July, 1973.
There were also charges against all of wounding a man with
intent to do him grievous bodily harm on the occasions of the robberies
at the Shanghai Commercial Bank on the 11th May, 1973 and the Chartered
Bank, Choi Hung Estate, on the 10th July, 1973.
The nine persons were indicted before me on the 27th April, 1974
on the twenty-eight counts. The 3rd person named above pleaded guilty
to the robbery committed on the 14th August, and the 2nd to the robbery
at the China Light and Power Company's office on the 23rd January, 1973.
In view of the number of accused, the number of counts and
the fact that the Crown anticipated that a full trial would last six
months, I considered that it would impose a well nigh impossible burden
on the jury to absorb and retain all the facts pertaining to each accused
on each count; and 38: the risk of an unsatisfactory conclusion to the
case, with the possible atterlent consequence of a re-trial being ordered