TNAG-0683-FCO40-832-Political-aspects-of-administration-of-justice-in-Hong-Kong-1977 — Page 21

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11.

3rd November 1975

Coram: Judge Garcia, in Court.

Sceats & Adams, C.C., for Crown.

Hampton of Gordon Hampton & Winter for D1.

Gunston of Gunston & Chow for D2.

30

zi

On

Mr. Gunston: Application on ground that Defence had not had sufficient

time in view of length and complexity of case. Mr. Hampton supports me in this application. Application should be made now before trial starts.

Position is that plea day as on 25th September and on that day after

dates vore fixed, Mr. Sceats felt that trial might start immediately

now and both Hampton and I felt a later date would be more suitable. Rule is that earliest date be given and nearest date was 3/11 and case

was fixed for 6 weeks. Estimate of 6 weeks came from Mr. Sceats. 16/10 we were supplied with summery of evidence, 6 pages in length

and last Wednesday afternoon we received a very large bundle of 134

documentary exhibits Crown prepared to produce in this case. I have

looked through books to find authority but cannot find anything appropriate up to discretio of Your Honour. Mr. Hampton has drawn my attention to Rule 47 of lamal of Military Law - laid down that Court/ask accused what her ho wishes to apply for adjournment on grounds he had not

sufficient assistance to prepare his case. Large number of witnesses

will be called including large number of documents. Case of conspiracy

is especially difficult and complex. Ask that further adjournment be

granted for preparation. Other things which Hampton and I wish to go

into further. Case is a very long and complex one. Very large number

of documents. Ask that another 2 weeks be granted to prepare case.

Would prefer longer if Your Honour is prepared to grant it.

Mr. Hampton: I support Mr. Gunston's application. Only variation in relation to this application is that I feel perhaps not correct

time for it. It would be appropriate if Your Honour were to hear me now on this application. Matter has been under investigation

by Crown for many many months, at least 7 months and possibly a year.

shall