TNAG-2005-FCO40-2853-Hong-Kong-political-parties-1990 — Page 159

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

1990-07-27 17:39

V

Non Pr

INFORMATION SERVICES DEPT

ا اليابانية

852 521 7725 P.07/13

OJA ODJ VOHU

Pag. 2

Aside from that aspect of the charges, there is a

As Mr. FUNG

defence of "excuse" provided in section 4 itself.

has out it in his final submission. "an offence under Stie

lawful “authóřity or exouse!

I will go into the question of what would constitute

an "excusel later.

As stated earlier, the burden of proof lies with the

Prosecution.

So, before even considering whether there were

ke provided by Savviva 4wd

KE

evidence was against each of the Defendants.

F-,,

Because Mr. FUMG had mentioned Dé's case in his

flukk submission. I looked at the pridepoo against him firat.

I found that Mr. FUNG was perfectly right in his submission in relation to DO. In the Agreed Facts, there ip mathing connecting D6 with the use of loudhailers or with the collections

of donations on 16/2/90. There being no evidence whatsoever connecting D6 with those acta, Summonses Nos. 13 and 14 will be

dismissed.

The came emo be maid of Summonses Nos. 5 and 6. There

widenna ananasting 12 with the acts of using a loudbuiler

of

or the collection/donation in page 3 of Exh. P1.

Therefore these

2 summonsoo will also be dismissed.

. . . . ./3

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