TNAG-0073-FCO40-109-Dismissal-from-police-force-petition-from-Chu-Leung-1968 — Page 104

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

It

I am not very happy with the findings in this case. The material evidence against the accused is 'tainted' and there is no independent corroboration of the relevant facts at all. is well-known in police circles that Special Branch officers are in a very exposed position and any accusations made against such officers by members of political or subversive organisations mus be treated with the very greatest reserve.

2. The fact that the accused was picked out on an identification parade means very little. It would be a poor organisation which could not identify all or most of the local Special Branch field officers. It does not necessarily follow that the Special Branch are in a position to identify all clandestine subversive agents!

3.

Consequently

The witnesses were not cross-examined in depth. many questions which should have been put to Hon and Chan to check the veracity of their evidence remain unanswered. The serious contradictions in the evidence of Hon and the evidence of Chan regarding the meeting at Singchow Restaurant in September 1961 should have been sufficient to put a grave doubt in the mind of the Enquiring Officer regarding their credibility.

4. Although he was acquitted on the most serious charges the inference in the case is that the accused was associating with K.M.T. agents and passing information of an intelligence nature for money but there is no corroborative evidence that the accused was ever in possession of large s ms out of keeping with his position or had been spending lavishly or was in debt. In fact there is no evidence to indicate that that aspect was ever investigated, although it could have assisted the accused in his defence.

5. There are many reasons why the agents of K.M.T. would wish to "shop" the accused, not least being to protect their real source of information in S.B.

6. I feel the evidence against the accused is very sketchy and unreliable and I therefore consider that he should have been given the benefit of the doubt and acquitted on all charges.

Leffects.

(L.A. HICKS)

Deputy Overseas Police Adviser

6 October, 1967

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