SECRET
GR 510
IMMEDIATE
CYPHER CAT A
FM HONG KONG 171044Z
SECRET
TO IMMEDIATE F C O TELNO 344 OF 17 MARCH 1978
INFO IMMEDIATE HONG KONG GOVERNMENT OFFICE LONDON.
POLICE PROBLEMS: RECENT DEVELOPMENTS
WONG TAI SIN CASE.
LAST
YELT
RTE
17
14A)
JUDGEMENT WAS GIVEN YESTERDAY IN THE WONG TAI SIN CONSPIRACY
CASE IN THE VICTORIA DISTRICT COURT. THE JUDGEMENT IS STILL BEING
TRANSCRIBED. HOWEVER, THE KEY POINTS WERE AS FOLLOWS,
A) THE JUDGE SAID THAT, ALTHOUGH THE PROSECUTION HAD ESTABLISHED THERE EXISTED A HIGHLY SOPHISTICATED ORGANISATION TO
COLLECT CORRUPT PAYMENTS FROM OPIUM DIVANS AND ILLEGAL GAMBLING ESTABLISHMENTS FOR POLICE OFFICERS IN THE WONG TAI SIN DIVISION, THE CROWN HAD NOT SUCCEEDED IN PROVING THAT THE DEFENDANTS HAD
PARTICIPATED IN IT:
(3) HE SAID THAT THE TAINTED EVIDENCE OF CORRUPT ACCOMPLICES
NEEDED CORROBORATION BUT NONE WAS FORTHCOMING:
(C) CONSEQUENTLY HE ACQUITTED ALL 10 DEFENDANTS.
EARLIER FIVE HAD BEEN DISCHARGED BECAUSE OF LACK OF EVIDENCE.
2. SIMILAR TAINTED EVIDENCE'' WAS USED IN THE SUCCESSFUL PROSECUTION OF CUNNINGHAM AND THOMPSON AND A NUMBER OF OTHER OFFICERS, AND THE ACQUITTAL CAME AS A COMPLETE SURPRISE AND A MOST UNPLEASANT SHOCK. THE CASE SUGGESTS THAT SUCH EVIDENCE IS
LESS LIKELY TO CONVINCE SOME JUDGES IN FUTURE.
3. THIS VERDICT WILL CLEARLY HAVE A BEARING ON THE TACTICS OF
OUR HANDLING OF THE YAUMATE! CASE THOUGH WE BELIEVE THIS TO BE
STRONGER.
4. THE WONG TAI SIN VERDICT WILL INCREASE RESENTMENT ON BOTH
SIDES OF THE FENCE WHEN WE ACT AS PROPOSED OVER YAUMATEI. THE POLICE (AND SOME LEGAL ORGANISATIONS) WILL SAY THE USE OF CR 55 IS AGAINST NATURAL JUSTICE BECAUSE THE COURTS WOULD NOT
|ACCEPT