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Ins, mos, it does not matter what ur. Justice YANG fond, your Tonour, because as I said, it does not bind your Honour at 11. was just roading the particular extracts to assist your Hombur. I have addressed your honour on the question of the other people being released and the fact that no other people were arrost:d DC.I.D., Wanchai after YIK Chung's arrest. In relation to that, your Honour, I can only say that you Honour will bear in mind that the 2nd accused was not the only C.I.D. officer in Wanchai at the time. Curtainly since 1973 ho was just one of the nuber of C.1.D. officers who had been investigating this case, so that the blame frat nobody was arrested after YIK Chung does not rest completely with him even though it is true that he is in a somewhat different position by having been present whereas other oficers were not.
And for these reasons, your Honour, I would ask your Honour respectfully to be as lenient with the 2nd accused as possible bearing in mind the roles that he played in this prticular affair, the cir- cinstances prevailing at the time so far as he & the 1st accused,
ere concerned, and his other family responsibilities and commituents.
I will give my judgement in fifteen minutes.
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12.50 a.. Court adjourns.
12.21 2.1. Court resumes.
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..ocused present. Appearances as before.
The offence of conspiracy to defeat the course of justice is a post serious crime especially when perpetrated by police officers. One of the principal duties of the police is to investigate crime, especially serious crius, and to bring those responsible to justice. I think it is fair to say that the 1st and 2nd accused at the time the conspiracy was effected might have regarded the Cactus incident as ca involving wounding and not runder. As Mr. Reid concedod at a carlier hearing, it was only at a later stage that the Director of Public Prosecution intervened and a charge of murdor was laid ajainst ING. Honetheless six people were wounded. However, tho Lost serious aspect of the conspiracy was that other persons, including such persons as might have taken part in the attack vers released and in effect the Cactus case was closed. In my view the trip to lacat, as far as the 1st and 2nd accused were concerned, was merely a cover-up. I sentence the lat accused to 3 years' imprisomcat on the first charge and to 2 years imprisonment on the second charge, to run consecutively to the sentence immosed on the first charge, and to 2 years' imprisonment each on the third and fourth charges, these to be concurrent but consecutive to the soutencos passed in rospact of the first and second charges. Whet is the 1st accused is sentenced to a total of 7 years.
12. Ugyen tells me that at the time of committing the conspiracy the 2nd accused was a sergeant on promotion and that he vas ordered by the 1st accused who was the station sergeant to attend the Harbour Hotel meeting. There is no doubt in my mind that on the two accused the 1st accused played a far more dominant role, and it may be that in the atosphere of g Kong where many people
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