128
Lula.
87
(a) I do not accept his evidence. But on Sergeant Leung Sze-piu's own admission, Lula had been roughly handled
without justifiable cause. It amounted to an unlawful assault.
51
(b) Sergeant Leung said by way of explanation that he handcuffed Lula for the latter's own protection, and that Lula was not under arrest, but was "brought back" to the SIU. But he also conceded that Lula was taken into custody. He said that Lula did not refuse to go to SIU with him and his men, that Lula did not want to go to SIU, that Lula struggled because he was frightened and excited and that Lula struggled because the SIU Officers prevented him from leaving his room. I am of the view that Sergeant Leung's explanation is entirely unworthy of credence. I therefore rejected it. I find that Sergeant Leung unlawfully handcuffed Lula.
(c) Lula's name was given to Tin by Peter. The SIU located Lula on 11 December 1979 at an apartment house, Peter having told the Police Lula was there at the apartment house that day. The Sergeant took Lula to the SIU and handed him to Sergeant 10081 for a statement to be taken. 52
(d) Two meetings at SIU followed, one on 7 January and the other on 21 February 1980.53
129. Eddie. I give no weight to his statement read at the hearing. 54 He was not cautioned for his confession to procurement. He clearly ought to have been. (Note also Bobby's evidence that most of his customers were introduced by Eddie: see below).
130.
131.
Bobby.
(a) One early morning in November 1979, Sergeant Leung and another SIU Officer went to his home and took him to the SIU. He was interviewed by Tin. Tin asked him about his customers and asked him to disclose their names and addresses. Tin also mentioned Eddie and Peter. Bobby "hesitated" to give his customers' names and addresses.55 Tin said he would prosecute Bobby for blackmail or intimidation, because he had worked for some customers and had received money from them. Tin also said he would be taken into custody right away. "After that, he produced a finger printing machine saying that he would take my finger prints.
"56
(b) Bobby still remained silent but Sergeant Leung Sze-piu came in and grabbed the front of his shirt and shook him and punched him once. Tin said if Bobby would co-operate, then he would be given immunity. Bobby feared that his family might learn of what was happening to him and that he would be taken into custody at once. He accordingly identified the one photograph shown to him as that of “John”.5
(c) There were threats and an assault against Bobby.
Jimmy.
57
(a) One morning in November 1979, a group of five or six SIU Officers went to his home and took him to SIU. He was seen by Tin. Tin initially asked him about one Inspector John. Jimmy did not want to give a statement, because John was his friend and he wanted to protect John. 58 After this SIU visit, he learned that Peter, a friend of Bobby's, had already told Tin about Jimmy.
(b) Before Jimmy gave his statement, Tin let Jimmy know that he already knew a lot about Jimmy and John. 59 (c) Tin said to Jimmy: "If you people do not co-operate with us, we can have you charged at any time", and, "we merely want to ascertain some information for reference from you. Because of the threat and because Tin said he knew a great deal about John and Jimmy, he gave a statement to the SIU.“
62
"160
61
(d) In December, Jimmy visited MacLennan and warned him that he had given a statement to SIU. Jimmy was summoned to the SIU with Peter and Eddie. There Tin punched him in the chest once and said he had told them not to go up to John's place, yet they still went. Tin again warned them not to tell anyone that they had given statements to SIU, and if they should tell anyone, "they" (SIU) would not be responsible for what might happen to them, including being chopped to death. Tin also said, “We are now protecting you, so you can do your business in Tsim Sha Tsui area. In return, how could you have done such things to us in return? How dare you have done such things as-do such things to us in return. Do you want to continue doing business in Tsim Sha Tsui? We have despatched your photographs, your photographs are now every where."63
(e) There were clearly improper threats and inducements.
52 See Transcript page 6613.
51
See Transcript pages 6712-6714.
53
See Transcript page 6617.
54
See Statements in File A, pages 52-59, particularly pages 55-56.
55 See Transcript pages 1826-1827.
56
See Transcript page 1828.
57
See Transcript pages 1828-1829.
58 See Transcript pages 1271-1273.
59 See Transcript page 1276.
60 See Transcript page 1274.
See Transcript page 1276.
61
62
See Transcript page 1285.
63
See Transcript pages 1283-1284.
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