THE QUEEN v. JOHN SIMON WILSON AND OTHERS

THE QUEEN v. JOHN SIMON WILSON AND OTHERS

The judge accepted PW1's account of systematic collections as intrinsically credible and found independent corroboration in D3's written confession and D6's oral admissions and in defendants' conduct and lies to investigators; on those findings the only rational inference was that the money was given and received as inducements to abstain from police enforcement, establishing conspiracy to accept advantages and to obstruct public justice beyond reasonable doubt, and defendants were convicted on both charges.

Citation
THE QUEEN v. JOHN SIMON WILSON AND OTHERS
Parties
Prosecution: The Queen; Defendant: John Simon Wilson; Defendant: Hon Fai; Defendant: Lui Sui-kee; Defendant: Lo Lai-choi; Defendant: Leung Ka-lung; Defendant: Wan Leung
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 August 1977
Case Number
DCCC69/1977
Procedural Posture
Criminal / Judgment (district Court, 24 August 1977)
Outcome
All six defendants convicted on both charges (conspiracy to accept advantages and conspiracy to obstruct the course of public justice)
Legal Topics
Bribery, Obstruction of Justice, Accomplice Corroboration, Confessional Statements, Particulars of Charge, Circumstantial Inference
Source Language
EN
Criminal Law Corruption Police Misconduct Evidence Law Conspiracy Bribery Obstruction of Justice Accomplice Corroboration +3 more

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Parties

The Queen

Prosecution

John Simon Wilson

Defendant

Hon Fai

Defendant

Lui Sui-kee

Defendant

Lo Lai-choi

Defendant

Leung Ka-lung

Defendant

Wan Leung

Defendant

Procedural Posture

Criminal / Judgment (district Court, 24 August 1977)

Legal Issues

  1. 1 Whether defendants conspired to accept advantages to abstain from performing police duties (bribery)
  2. 2 Whether defendants conspired to obstruct the course of public justice by failing to take enforcement action
  3. 3 Whether the evidence of accomplice (Wong Ping) is sufficiently credible and corroborated

Ratio Decidendi

The judge accepted PW1's account of systematic collections as intrinsically credible and found independent corroboration in D3's written confession and D6's oral admissions and in defendants' conduct and lies to investigators; on those findings the only rational inference was that the money was given and received as inducements to abstain from police enforcement, establishing conspiracy to accept advantages and to obstruct public justice beyond reasonable doubt, and defendants were convicted on both charges.

Court Disposition

All six defendants convicted on both charges (conspiracy to accept advantages and conspiracy to obstruct the course of public justice)