IN THE DISTRICT COURT OF HONG KONG
HOLDEN AT VICTORIA
CRIMINAL JURISDICTION
CASE NO. 144 JF 1975
The Queen
against
1.
Cecil James Matthew CUNNINGHAM
2.
Benno THOMPSON
12th November 1975
Coram: 1 Garcia, D.J. in Court.
RULING
158
A
A motion has been made on behalf of both accused that the
Conspiracy count in the indictment against them be quashed on the
ground that it does not comply with the Indictment Rules made under
Section 16 of the Criminal Procedure Ordinance, Cap. 221, in that
the names of known co-conspirators had not been set out in the said
count. Although no specific rule was mentioned either by Mr. Hampton
or Mr. Gunston, I presume the motion was made under Rule 4 of the
said Rules. This rule reads as follows:
"The description or lesignation in an indictment of the accused person, or of any other person to whom reference is made therein, shall be such as is reasonably sufficient to identify him without necessarily stating his correct name or his abode, style, degree or Occupation; and if, owing to the name of the person not being known or for any other reason, it is impracticable to give such a description or designation, such description or designation shall be given as is reasonably practicable in the circumstances, or such person may be described as 'a person unknown'."
+
The evilence so far alduced by the Crown indicates that certain of the witnesses called are in the position of co-conspirators and I have ruled on the admissibility or otherwise of certain portions