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CONFIDENTIAL ##
For discussion
on 4th May 1976
XCC(76)17
Copy No
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4. of 70
MEMORANDUM FOR EXECUTIVE COUNCIL
REPORT OF THE COMMISSION OF INQUIRY INTO THE LEUNG WING-SANG CASE
On 6th February 1976, the Governor in Council appointed
the Honourable Mr Justice T.L. YANG as a Commissioner, under section 2 of the Commissions of Inquiry Ordinance (Chapter 86), with the following terms of reference:
"To enquire into:
2
(i)
(ii)
the circumstances leading up to and surrounding the arrest and charging of LEUNG Wing-sang; and
whether or not these circumstances might have prejudiced Leung's trial.
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The Commissioner presented his report on 31st March 1976 and a copy is annexed for the consideration of Honourable Members.
3
The Commissioner's conclusions are summarised in paragraph 7-7 on page 17 of his report. It will be noted that the Commissioner has firmly rejected any suggestion that Leung's trial was prejudiced by the prior conduct of police officers.
4
Despite his view that the evidence before him from the two groups of interested persons consisted of an "abundance of half- truths, inconsistencies, improbabilities, embellishments and obvious lies", the Commissioner felt able to extract the essential facts from the evidence and his findings are set out in paragraph 6.
5
The Commissioner of Police intends to re-open the investi- gation to see if it is possible to bring charges against any other person for the murder of LAU Wah.
6
With regard to the conduct of police officers the Commissioner of Police will:
(a)
investigate the possibility of either criminal or disciplinary charges being brought against any of them;
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