392.

655

656

monies were in his possession. hat was wong Chi ing's purpose. I don't know. There was no common purpose.

Even if each of these alleged

co-conspirators knew that there was in existence a scheme which went beyond their cwn illegal acts so that we can say an individual collector although his purpose was to earn his moneys knew there was something bigger

he was a part of nevertheless the something bigger cannot amount to one conspiracy but at the minimum 3 conspiracies. If you examine the evidence of Lat as to his establishments in Causeway Say there is no tie with the establishments mentioned by the others with the exception of one which on cursory examination is not a tie-up - the an Lung Restaurant. The collections by Nam Lung Restaurant is off course betting but Lau says it is opium divan. Lau's evidence is that he paid Chiu Tak 50,000 a month to pass on to D1 and D2 and this money Lau collected from his illegal establishments but none of the collectors who gave evidence worked for Lau and although some establishments in shaukiwan were collected from none of the collectors said they paid the money to Dau. All the monies they collected were brought back and paid to their particular superior. That becomes abundantly clear if Lau is telling the truth and thic

hub.

indicates he was not telling the truth. He was running his own protection racket in shaukiwan which had no connection with or common design ith the one which was

going on independently at the Headquarters. Any connection with Chiu Tak was purely as a paying agent. We have all read much and heard much about whether conspiracy or chain conspiracy. If we take analogy of wheel conspiracy again or the basis that entire prosecution case is accepted quite clearly accused were not heads or centre of these conspiracies. They might have been the most senior men but not the

quite clearly conspiracies revolved round Lau in shaukiwan, Chiu or ma in Bay View. quite clearly they were independent conspiracies and of course there is no proven connection that Chiu Tak and a hak shing were ever members of the same conspiracy.

y learned friend has talked about continually in similarity between the establishments collected from, similarity in the amounts collected, similarity in clubs premises etc. What he says is true. where there is no similarity is in the co-conspirators. From the evidence the only carry over from Chiu to Mia in terms of personnel was Lam Yu fan

yet who continued sleeping in premises for a few weeks. He expressly denied receiving any tip offs, etc. and although allegedly a co- conspirator certainly not proved to be one.

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