TNAG-0683-FCO40-832-Political-aspects-of-administration-of-justice-in-Hong-Kong-1977 — Page 17

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

11

7.

26

Numerous instances of damages, admissible on conspiracy not

on substance.

In the circumstances evidence on substantive might be

inadmissible over conspiracy.

Referring to Charge 2, 3. Statutory declaration. Man not

bound to incriminate himself. Look strictly at statute. Not obliged to incriminate himself on conspiracy charge. Self incrimination. be allowed to happen.

Can't

I.C.A.C. may demand a Statutory Declaration, not admissible under conspiracy.

3rd Point:

Certain inadequacies in summary which include names and

description of witnesses. Consider whether to deal with it in Chambers.

Mr. Gunston:

Glanville Williams. 2nd Edition on particulars at para. 212

p.665. The embarrassment. Practice to order particulars rather than otherwise. R. v. Hammersley. (Charge almost word for word i.e. conspiracy).

charge.

1958 Vol. 42 p.216. 4 or 5 lines in summary.

Brief precis District Court.

On joinder of charge should not try conspiracy with S.14

Hi Shu Tam v. R. 1965 H.K.L.R. p.341.

William Muir Vol. 26 Cr. App. Report p.164.

Even less connection between charges totally isolated.

Para. 128.

Archbold.

Summary of evidence only received at noon to-day.

Mr. Sceats:

No knowledge of application till to-day.

Ready to proceed to trial 3/11/75.

Supplied summary of evidence of salient points to Defendants.

Some two weeks before trial.

particulars.

No request for further and better

Q:

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.