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S.C. 224
-.953 -
PBC/21/15
en above were conditional upon his giving full and true testimony in this trial. Cill also gave evidence before the Comission of
CH! quiay before it. Justice YANG..
1 Tze-leung was also given an imunity by the Crown in respect of the same wounding change as CA Loi-fat on the 28th Lar, 1973 conditional upon his giving ull and true testimony in this tri-l. The Crow originally intended to cell KWOK Chi-koun to ir avidence for the Crom but the Crown werely tendered this vilces for cross-examination as Hr. Reid for the Crom felt he could not call this witness as a witness of truth.
As was said in 1. V. Turner and others (1975) 61 Cr. 21, 67:
If the inducouent is very powerful the judge may decide to exercise his discretion, but when doing so he must take into consideration all factors, including those affecting the public. It is in the interests of the public that criminals should be brought to justice; and the more sericus the crimes the greater is the need for justice to be done. Employing Queen's evidence to accomplish this and is distasteful and has been distasteful for at least three hundred years to judges, lawyers and members of the public."
In respect of the two witnesses, CHAM Loi-fat and LI Bzo- leung who were granted imity in respect of the offences mentioned 2love, I have carefully and anxiously weighed the quality of those vitnesses against the context of their testimony and also the nature of the arrangements made between these witnesses and the Crom.
Son time before this trial commenced, LEUNG Wing-sang was aproached and invited by two, uropean police officers to give evidence in this trial but he refused. LEURIG said he only gave cvidence before this court because I had summoned him to give evidence. HUNG raɛ obviously referring to an order made by my brother Hooper on the 10th September, 1976 on the application of Mr. Reid for the Chan under Section 81(2) of the Evidence Crdinance, Cap. 8. The under recites, iter alia, that LUNG shall be brought to court to be onanimed as a witness in the present trial. 1 formed the strong impression that imule was a dispirited young van (he was born on the 27th May, 1955) and a reluctant witness. I certainly did not get the impression, even a slight impression, that his evidence was motivated otherwise than by an intention to state tile facts as hu ro.entered then, except as to the facts relating to the Cactus attack: itself. Ho seemed to me to be reconciled to his sentence of imprisonment.
CHAN loi-fat vas, in my opinion, the most impressive vita.ss jog tik prosecution. He gave me the impression of being a cridible vitness.
I was also moll impressed by the sincerity of LUNG's nother, badan 10 An-sking. She was a rather pathetic sight, an illiterate volal, obviously unwell and, as obviously, trying hor best to recount the facts as she rowenbered tlon. MI Tze-dig
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