TNAG-0683-FCO40-832-Political-aspects-of-administration-of-justice-in-Hong-Kong-1977 — Page 407

657

658

393.

416

416

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A

However you do it, have a good going illegal business and for some reason you must give it up posted or retired and you sell it or give it as a gift to your successor and go about your business it may be as a friend or colleague you are hopeful your successor would prosper but you must certainly have no common purpose or design with him. You take yourself off and your illegal gang. Any purpose you had in that Division would come to an end. Long continuing conspiracies where from time to time people join, rpeople leave and of course provided that common design exists and continues unbroken, people who just come in at end or left can still be charged. nere evidence is, and only inference to be drawn is, that the common design came completely to an end upon the departure of hub or anchor man if you talk about a

chain. It was set on its feet very quickly but it ended. That shows 3 conspiracies Lau doing his own thing in shaukiwan, these 2 separate hub or wheel conspiracies in Day View. I say a minimum of 5 We were most surprised to hear nothing of wong Chi after he has been made a co-conspirator. There may have been 3 wheeled conspiracies in Bay View Division.

the

Activity come to an end so that one is referring to more than one conspiracy is Jones, Tankman, ann, O'Shea, Carpenter, Llymarch they were clle,ed to have intimidated

witness into sympathising with them in

a strike and they were charged with a count of conspiracy for unlawful

and

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assembly affray and on question of affray apparently what happened

they in company with others visited various building sites in

buses each site they came to they had an affray and fought and it was held that that each time fight ended at a particular site and they got themselves on the bus and went to another site even though they had intention of provoking another fight, charge though singular in form included more than 1 activity and should have been quashed, (House of Lords) 1974.

Herick v.kibuffi

(1929) there it was held there was only 1 conspiracy warranted some considerable disapproval thereafter - R. v. Griffiths and others (1965) 49 Criminal Appeal Reports held that what was charged as a single conspiracy was a series of individual conspiracies and charge could not stand.

Greenfield and others (1973) 3 All England Reports - page 1054, 1055, (f) 1055(c).

This is precisely situation in this case.