TNAG-0682-FCO40-831-Political-aspects-of-administration-of-justice-in-Hong-Kong-1977 — Page 24

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

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with Leung sing Sang in the Harbour Hotel in the presence of another nacalled Tai 3 some time before the arrest of Leung. This Lau denied.

6.

You vill recall that subsequently, following discussion in the Executive Council, you appointed Mr. Justice Yang as a Commissioner to inquire into the circumstances leading up to and surrounding the arrest and charging of Leung Wing Sang and whether these circumstances might have prejudiced Leung's trial. The Commission of Inquiry found that Lau Cheong Wah had lied in the Cunningham and Thompson trial in matters relating to the arrest and charging of Leung Ving Sang, but that, nevertheless, Leung Bing Sang had not been framed.

7.

The Commission's findings were made public before the hearing of the Cunningham and Thompson appeal, but no attempt was made by Defence Counsel to use these findings on the appeal to discredit Lau's evidence.

8.

After the Cunningham and Thompson appeal had been disposed of by the Court of Appeal, Lau was charged with conspiracy to defeat the course of justice in relation to the murder involving Leung tinggSang, and also with 4 counts of perjury, one count of perjury relating to his evidence in the Cunningham and Thompson trial, and 3 counts of perjury relating to evidence before the Commission of Inquiry. He absconded during the trial but the trial proceeded and he was convicted on all counts.

9.

Hessrs. Hampton, Winter and Glynn have now written to me arguing that in view of Lau Cheong Wah's subsequent convictions, the convictions of their clients should not be permitted to stand.

10.

There is no doubt that the trial judge did rely on the evidence of Lau in convicting Cunningham and Thompson. He expressed the opinion that Lau's evidence regarding then was true. This opinion was referred to by the Court of Appeal without any indication of dissent on their part. The trial judge, in an apparent reference to allegations concerning Leung bing Sang's

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