GR 510
IMMEDIATE
CYPHER CAT A
FM HONG KONG 171044Z
SECRET
SECRET
Redacted lunder FOI exemption 40(2)
HKK 380/2
1 MAR 1978
FA
21
Ta
See
R
9
15/180,
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.
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
(B) 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.
AND
2. SIMILAR TAINTED EVIDENCE'' WAS USED IN THE SUCCESSFUL
PROSECUTION OF
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 YAUMATEI 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
{VLY
LACCEPT