TNAG-0683-FCO40-832-Political-aspects-of-administration-of-justice-in-Hong-Kong-1977 — Page 397

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of oral evidence of the witnesses, clearly degree of proof to be attached to these documents is beter than if Your Honour relies on the documents

linkag

themselves to establish inhaef the 2 accused to this conspiracy.

Having regard to regularity and time span during which bank drafts were issued and co-relation between issue of drafts and 1a's period of service at Bay View Division leave little scope for doubt,

having regard to

witnesses from pank that no drafts were issued by them in earlier dates in 1971 and later dates in 1974 for these particular numbered accounts. Even if you have doubts as to credibility of the witnesses as to force of financial linkage as shown by the drafts as to the statement in the charge police officers obstructed the course of justice in that they

contrary should act

to their public duty etc. Your Honour may properly have regard to divisions of responsibility held by the accused within this Division. They were respectively C.0. and his deputy and as such were responsible for secing that all their subordinates performed their duties effectively and with due diligence. Abundantly clear that that was not

the case

dens,

collector witnesses had given evidence of blatant disregard for the law by operators of these illegal establishments. Could such a thing happen under the noses of the 2 most senior officers of the Division without their being aware of it. Could such things happen for such extended periods of time as undoubtedly they did happen. In the totality of the evidence 2accused have been shown to have received dividends from money collection by members of the syndicate banked into Cheng's account and ong Tak wing's account and withdrawn by cashier order to purchase drafts from ilang beng Bank. we have direct evidence of flow of funds

from theso

into bank accounts and then to Defendants accounts. They may not know collectors, how much was paid by each establishment and even if you do not accept evidence of Lau, the unescapable inference that dr.fts were funded from illegal activities in Division and persons acquiring drafts on their behalf were either subordinates or agents of subordinates. In giving weight to bank drafts, evidence phovs 12 Merlin Street address some connection with Bay View Police Station. hat connections we don't know and at that time there was this connection and persons using that address buying drafts for 2 accused and Chan Cheong wing was collecting money and providing protection for establish- ments. Earlier

drafts and funds for them came from the same source as later drafts purchased by Cheng Cheuk Fun and the 2 long brothers.

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