TNAG-0683-FCO40-832-Political-aspects-of-administration-of-justice-in-Hong-Kong-1977 — Page 153

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

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139.

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Mr. Hampton: He says names have been added only because evidence emerged during the trial. Were this correct my motion to quash of yesterday would have been completely ill founded and Your Honour would have overruled it. Why Your Honour allowed motion in fact was because prosecution know about this people before the charge. New names not mentioned in list or summary my learned friend says they have been added because it may emerge in evidence that they assisted the conspiracy in some way. highlights my motion presently before you.

This remark

Court: Motion is denied and trial would proceed accordingly.

Hr. Hampton: Ask that the accused bo arraigned on the new count I.

Plea re-taken on amended count one.

1st Defendent : Not guilty.

2nd Defendant:

Mr. Gunston asks for short adjournment to explain charge to his

client.

Court adjourned 15 minutes.

Appearances as before.

(Sd.) A. Garcia District Judge 12/11/75

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lir. Gunston: My client understands the actual words but does not understand the phrase "should act contrary to their public duty

does not understand the purpose for which he stands accused.

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2nd Defendant: I plead not guilty.

Mr. Gunston: In view of new charge Defence be allowed adjournment

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for 1 month to prepare defence and for new trial. My friend associates

with me on this. Matters now to be investigated by defence. Defence

should be given opportunity to find out about these allegations and

as it may affect defence, submit it would only be fair to grant them

adjournment and new trial.

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