TNAG-0683-FCO40-832-Political-aspects-of-administration-of-justice-in-Hong-Kong-1977 — Page 148

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Court resumes at 11 a.m.

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Appearances as before.

Mr. Hampton: In my submission charge as it now stands is defective in terms of indictment rules in that it does not give reasonable information to accused persons or as to what they are facing. More that the first charge be quashed on these grounds explicitly I adhere to my statement yesterday that the summary of evidence gives no indication as to how the majority of the presently named persons were co-conspirators, in what respect they knew of the conspiracy and followed it but it would be clearly a waste of time if motion

is based on ground already covered. Person named as Police Sergeant Chan, Mrs. Mavis Cunningham and Bank Manager Suen, and bank employee Cheng mentioned appear in the summary charged as being part and parcel of this conspiracy. No particulars at all have been given

in relation to them or elsewhere and in my respectful submission not only does the charge not give reasonable information but gives

no information at all. Reasonable information must be supplied.

G

Mr. Gunston: Support what my friend says Wong Chi Wing has been mentioned and I can't find that name anywhere. When we originally

asked for particulars, before Judge Jones, we are still in the dark.

Names

Mr. Sceats: Trial is now in 2nd week. Nature of charge against accused

has been disclosed in summary of evidence and in evidence so far.

added have been added in so far they have emerged from evidence

given as being persons who have assisted in some way in furtherance

of the conspiracy. Names not yet mentioned in full will be given

these persons have in some way, associated with the conspiracy.

Not Crown's case that there is prima facie evidence to charge each

of these persons. Associated with co-conspirators whose names Court is familiar with. Criticism of summary of evidence is unfair one

because at that time charge was unamended and suminary of evidence

supplied was independently before Court. If there be a defect it

has been rectified.