CONFIDENTIAL
16
Reference..
Mr Stuart (Hong Kong & Indian Ocean Dept K 246)
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DEATH SENTENCE: HONG KONG
TSOI Kwok-cheong
1. I have read the attached papers carefully. They concern an incident in which three persons were allegedly involved in a robbery during the course of which one person died. The first accused was charged only with robbery; the second and third accused were charged both with robbery and with murder.
2. The trial began on 23 October 1972 and ended on 2 November 1972. It could not therefore be said that the trial was a rushed affair. The jury found all the accused guilty of robbery; and the second accused guilty of manslaughter although not guilty of murder; and also found the third accused guilty of murder.
3. The prosecution and defence summings up at the trial seemed to have covered the ground fairly and adequately so far as the third accused is concerned (this is not to say that I do not think that their summing up was fair and adequate as regards the first and second accused, but simply that I am concerned here only with the position of the third accused). The Judge's summing up also seems to have been fair and correct so far as concerns the third accused. The third accused's defence was basically that he was not at the scene of the crime and that declarations said to have been made by him to the police were obtained by police duresse: in effect, he claims that he was framed. There was, however, in my view evidence on which it was possible to reach a verdict of guilty, and the jury (by a unanimous verdict after over four hours deliberation) chose to believe that evidence and to convict the third accused. The trial Judge in his report to the Governor said that "I cannot quarrel with the jury's verdict".
4.
There was an appeal to the Supreme Court of Hong Kong in its appellate jurisdiction on behalf of the third accused but this was dismissed.
5. While in a case of this kind it is impossible to say simply from reading the files whether or not in my view the accused did commit the murder of which he was convicted (and indeed it would be wrong to
CONFIDENTIAL
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(17293) 897465 400m 1/73 G.W.B.Ltd. Gp.863