TNAG-0683-FCO40-832-Political-aspects-of-administration-of-justice-in-Hong-Kong-1977 — Page 22

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It is quite clear from Summary of Evidence that case for Gromm is in 2 major segments - one is existence of syndicate or conspiracy and members may or may not have been the accused and 2nd segment is an attempt to link accused to this syndicate. Do not think it can be suggested by Crown that much if any of the facts in support of 1st segment could be known to the accused. As an example, police attendant for, 25-30 years not a matter which Crown alléges to be in knowledge of accused from 1950 to 1975 - rather than from 1971 to 1975. Again it is obvious from summary that great reliance is going to be placed on underworld characters.

Without in any way

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disclosing what defence may be, quite clear that a defendant has a right to attack present case in all its respects. Defence has nou boen given sufficient time to make any inquiries at all in relation to that segment of prosecution's case. Pre-requisite of any successful inquiry such as I envisage on part of Defence as to who

We are investigating or inquiring about. Witnesses' names in Chinese characters were only supplied on 24/10. Even during the many years Your Honour has sat on bench venture to say you hardly heard one case underworld characters of this sort without each of them having at least one alias and

possibly a string of as many an 8-10 aliases. No aliases have been supplied in relation to this list of witnesses except as regards 2 witnesses

whereas

fact they must possess aliases was obvious from the

documents. Defence completely handicapped and prejudiced in their preparation by these factors. Not making criticism of Crown at all. Crown themselves almost after a year's investigation are only able to supply information in dribs and drabs is a clear indication Defence has clearly had not sufficient time to prepare. applied in considering such an application is interests of justice.

If Defence answer Court that they have had insufficient time no lack

of diligence the fact that this application should granted ex debito justitia. No suggestion that adjournment is for convenience of counsels so that they can fit in other cases goes to the root fundamentals of justice that accused persons should be given a reasonable opportunity for preparation.

Criterion which should be

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