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PBC/20/10
also pade a favourable impression on de I was unimpressed by M/K Chi-keung and, in fact, I have placed no reliance on his evidence.
Fall. 6 (for woll Mr. Gilbert Rodway held a watchin, briel) uade a unfavourable impression on me. He was no doubt in a delicalo position as he is comitted for trial for urder and wounding in rospect of the Cactus incident. He toscified the the first occasion ho met the 1st and 2nd accused was on the ground floor of the Harbour Hotel on the 20th July, 1973. The 1st accused askod P.U. 6 end Tai B to help locate LAUNG Wing-sang, He admitted being at the hootings near the Lion Rock Tunnel, the Shatin Hotel and the Y Ngan shan Fong Restaurant. The purpose of these Leetings, according to .. 6, was to persuade LEUNG. to give himself up as this would be more favourable to his, that is, LEUNG. He admitted being taken up to a room in the Harbour Hotel after waiting for the t and 2nd accused to turn up This second testing at the Harbour Hotel, according to P.. 5 was in the late afternoon and was not the 30th July, 1973. This witness testified that the 1st accused said to IRC, PIVOTG Ving, if you are willing to admit, it would be an advantage to you." The 1st accused said ir LEUNG was willing to bear the responsibility the charges against him would only be fighting and sounding. The 1st accused is also alleged to have said, Young brother, if you are willing to admit, there would be an adven- tage for you." The 1st accused told LEUNG if he was willing to ait, he would give him $10,000 as family expenses. In cross- examination P.li. & said he told LUNG that if he had done it he should not cause trouble to other people. When he was asked to cxplain the expression The should not cause trouble to other people" he replied that Fai B and YIK Chung asked him to say those words to LUNG. When pressed further, he said that LEUNG should not cause innocent people to be arrested e.g. tokis of his stop, "guilty or not guilt" they had all been arrested by the police and he had had to close down his business. He her added his fokis did not take part in the fighting. He said in cross-examination that if LUNG surrondor -1 thon he thought the police could close the case against those people". P.ll. 6 was obviously trying to minimize the role he played in the meetings he attended. 1 am sure he deliberately told the court only a fraction of what he knew transpired at the meetings he attended before LUNG's arrest. In the circumstances I place no reliance on his evidence.
I formed an unfavourable impression of the demeanour of the 2nd accused, Chief Inspector MOK Sau-tim, D/Sgt. VA Chi and D.C. 7027 ÇIKMC Kai-ning in the witness stand.
I have warned myself, in respect of the whole of the evidence of LANG Wing-sang and CHAN Loi-iat, that it would bo dengerous to convict on the uncorroborated evidence of those two vitnesses or either of them and that the evidence of one of thre vitilesses cannot corroborate the other. Although not accomplices, 1 have given yself the same warning in respect of LI Tze-leng ond Lada..... LO Fung-shing in that these persons might possibly havo had a purpose of their om in giving the evidence they gave.
As ir. Nguyen saw it to remind me, I confirm that the onus of proving the guilt of the accused, or either of thon, rests squarely on the prosecution, from beginning to the end. Neither
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