TNAG-0682-FCO40-831-Political-aspects-of-administration-of-justice-in-Hong-Kong-1977 — Page 18

PERSONAL

CONFIDENTIAL

ATTORNEY GENERAL'S CHAMBERS

HONG KONG

16 March, 1977.

J. Stewart, Esq.,

Hong Kong Department,

Foreign and Commonwealth Office,

Downing Street,

LONDON, S. W. 1A, 2AL.

Dear John,

difficulty.

6 APR 1977

51

NXK3806

I am writing to you about a criminal case of some

Two police officers (Cunningham and Thompson) were convicted of conspiracy to pervert the course of justice. An important Crown witness against them was a former police officer (LAU) who had previously admitted an offence against section 10 of the Prevention of Bribery Ordinance (unexplained resources). In tendering him as a witness, the Crown did not

suggest that he was anything but a thoroughly corrupt man.

In the light of subsequent events relating to LAU, I have received from solicitors acting for Cunningham and Thompson representations to the effect that their convictions ought to be examined as a matter of justice. If executive action is called for at this stage, a number of possibilities

present themselves. One is that the cases could be referred

to the Court of Appeal under section 83P of the Criminal

Procedure Ordinance. That section has not hitherto been used here

in a significant case but reference is an obvious course and

I do not doubt that the solicitors will advert to it sooner

or later. We must therefore consider the possibility of a

reference now.

In the circumstances which I shall relate in a

moment, I have advised the Governor that he should refer the

cases of both Cunningham and Thompson to the Court of Appeal

under that section. The Governor is somewhat reluctant to