TNAG-0682-FCO40-831-Political-aspects-of-administration-of-justice-in-Hong-Kong-1977 — Page 46

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

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PBC/21/21

qualified layers certainly thought that it was only a vounding cass that he vas concer.od with because of the 1 think my learned

riend ik. Reid mentioned this at some stage, that because there vors those legal principles involved of a common inteht etc. which

do 20 into a murder case. But certainly they at the time thought they vere dealing with a wounding case because it would have boen plain to then that the decased had died because he had fallen írot a height, it wasn't as if he was chopped to death. And this is also Lorne out, your Honour, by the evidence that LEUNG Wing-sang was charged initially with wounding. It was only after the D.F.P. consulted that he was charged with murder.

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After the agreement was entered into, your Honour, the 2nd accused hinsel as detective sergeant certainly wasn't authorized to make the decision to release 10, Pak and IX Chung and the other people. Thero has becs no clear evidence before your Honour that alter the meeting at the Harbour Hotel that the 2nd accused had acted in complicity with the 1st accused any further. The evidence has only been that he was acting in complicity with the 1st accused at the necting. If your honour comes to the conclusion that the conspiracy could not have been carried out without the assistance of more anior officers, I will ask your Honour to remember what Ir. BT bau-tin had said, that certainly in relation to 10 Tak and releasing DO Tak, the 2nd accused had not consulted hr. OK, becatso it is clear that Ir. KMI vas the person who made the decision to release these people. In relation to YIK Chung, Mr. HOK does not remulbar the 2nd accused had or had not spoken to him about the release of FIK Chuny,

Mat was the first part you mentioned about ir. MOR?

. I mentioned, your Honour, that i relation to I Wal: and the other four poeple being released, certainly the 2nd accused had not spoken to Hib, Nr. 10, about that. Joaring in mind the respective positions of the 1st and the 2nd accused, your Honour, I respectfully say that it is more than likely, if in fact senior officers had been approached to implement the conspiracy, then it is more than likely it would have been the 1st accused who approachod any senior officers. Tour Honour has seen the 1st accused and he is a domineering sort of person, plus of course he was the station sergeant.

As regards the business of the statement, your Honour, the statement given by LTC Wing-bang, I would respectfully suggest that no hat ensued from vhet the 2nd accused did in relation to that statement. It is quite clear by that stage the Crown Iow But LEUNG Bing-salg had been identified by three of the victims, and the Crow. in their urier case against UMC Wing-sang was belying on the three victims and they were not placing any reliance on the statment.

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Yes, I don't think you need address me on that.

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IR. NESA: Yes, I an inch clliged. It is also true, your Honour, that the police officers did neke a trip to Lacau in an effort to find people, but in effect it was to no avail.

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