Y.E.
1/c/
Under section 33P of the Criminal Procedure Ordinance, you may at any time refer to the Court of Appeal the case of any person convicted in the Supreme Court or District Court, and the case is then to be treated as an appeal to the Court of Appeal by that person.
2.
Cecil James Mathew Cunninghan and Benno Thompson, both formerly Superintendents in the Royal Hong Kong Police Force, were convicted on the 5th January 1975 in the Victoria District Court by His Honour Judge Garcia of conspiring together, and with others, to obstruct the course of public justice by acting contrary to their public duty as police officers in relation to the administration of the law and their respective appeals against conviction were dismissed by the Court of Appeal. The prosecution alleged an agreement, to which they were parties, For the large scale acceptance of bribes from operators of gambling stalls and vice establishments in return for immunity from prosecution.
3.
One of the co-conspirators named in the charge, and an important witness against Cunningham and Thompson, was a former sergeant Lau Cheong Wah a corrupt man who had earlier convicted of corruption on his own plea of guilty and sentenced to 12 months imprisonment.
4.
This was known to the court and the defence. Lau's evidence was attacked by the defence on this and other grounds, both at the trial and subsequently on the appeal against the convictions.
5.
At the trial, Lau was also cross-examined as to the part he had played in the events leading up to the arrest for murder of a man named Leung Wing Sang. Leung Wing Sang had previously been convicted of murder, and although it was not actually put to Lau under cross-examination that he had "Franed" Leung wing Sang on this murder charge the defence made it clear in their final address to the judge that this was the defence allegation. What was put to Lau in cross-examination was that he had had a meeting
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