145
206
126.
on one occasion. I still do feel it is not admissible and if Your Honour overrules my learned friend and myself on this objection I would like to say that although I would not continue to object, it does not mean defence agree it is admissible.
207
Mr. Sceats: Crown's case as I indicated earlier there was at material
time a conspiracy amongst police officers stationed in Bay Veiw Police Station under the command of 1st, Accused to provide protection for illegal establishments who in turn paid for protection afforded to them by the police at Bay View. The protection money paid by illegal establishments was shared amongst the police officers who are members
of this conspiracy. Further evidence will be led to show that of the
sh
money we have already known was collected Ma Hak Shing received a
portion and it is Crown's case that 1st & 2nd Accused in this case
gave their support to the conspiracy by receiving money from the
same pool.
Crown does not need direct evidence that either
of the accused gave direct protection Your Honour will be asked to draw an inescapable inference that the some types of illegal establishments could not continue to operate and pay for extended period of time under the very noses of the senior police officers
whose duty it was to be aware of duties within their division and
to take appropriate enforcement action against them. That is the nature of the conspiracy. This is the common purpose between Ma Hak Shing and the other named conspirators and the two accused
before Your Honour. Direct evidence is criminality of the source
of money which will be a matter of inference for Your Honour to
draw as to extent of knowledge that accused, the degree to which
they had given at least tacit support to those who refrained from
acting against these illegal establishments. As senior officers
if it is established by the prosecution that they received large
sums of money through persons who are stated to be co-conspirators again by virtue of their position of command they must be aware that
such suns
of money could not have come to hand of their sub-
ordinates by lawful means and they should take direct action against their subordinates if not to the ultimate source of
the money