ÇÃORIZOG.F. 317
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FINDINGS
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The accused officer S/Sgt. CHU Leung, Special Branch, is an officer approaching 30 years service, nearly all spent in the Special Branch. He was awarded the Colonial Police Medal For Meritorious Service in Jan- uary 1956, and holds the Colonial Police Long Service and Good Conduct Medal with First Clasp. He has an excellent Record of Service, having been commended by The Governor on one occasion and by The Commissioner on six occasions. He is fifty years old.
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The charges against S/Sgt. CHU Leung were amended three times during the proceedings. On the first occasion, the prosecuting officer, on my suggestion, amended the original Charge (C)1 concerning the allegation that the accused had passed information to HON Pik Kwong. was done before any evidence had been recorded and was necessary for technical reasons only concerned with the coming into force of the new volume of P.G.0's on 1.9.61. On the second occasion, the prosecuting officer made a minor amendment to the second Charge (A)2 during the hearing by deleting the name YAM Sai Ping from the charge. His name was included in the original charge in error. After the conclusion of the evidence, I re-opened the hearing on a later day and amended Charges (B)1 and (D)1 by deleting the names of CHEUNG Fu Yan and YAM Sai Ping. All amended charges were read over to S/Sgt. CHU Leung as and when they were amended. He understood them, P.N.G. to all of them, did not wish to have any adjourn- ment, re-call any witnesses already heard, call any new witnesses, or make any fresh statements. The final charges are attached at the top of these papers.
The prosecution rests primarily on the evidence of four witnesses, viz:- HON Pik Kwong, CHAN Cho Hong, CHEUNG Fu Yan and YAM Sai Ping, all detained at C.R.C. under warrants issued under the Deportation of Aliens Ordinance. All except YAM Sai Ping are self-confessed K.M.T. Intel- ligence Agents, while YAM admitted to doing intelligence work for the K.M.T. though not actually a recruited agent. For practical purposes he can be considered to be a K.M.T. Intelligence Agent.
The evidence of these four men was given in a straight- forward and open manner, conveying the impression to me of being true in major substance. There are, however, some discrepancies between the evidence of HON Pik Kwong and CHAN Cho Hong, the two main prosecution witnesses, while evidence as to exact dates is hazy owing to the lapse of time. There does not appear to be any reason why these four witnesses should have concocted their stories in order to get S/Sgt. CHU Leung into trouble. On the contrary, it would appear that the K.M.T. Intelli- gence Service has everything to gain by maintaining the accused in the Special Branch. I understand that these four men have been detained separately since their arrest, and therefore it is unlikely that they have had an opportunity to fake a case collectively against the accused. To what degree it is advisable to rely upon the evidence of these persons is considered below in respect of each charge separately.
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