BETWEEN:

ANNEX BTO XCR(74) (15 ̄

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO.112 OF 1974

Coram:

+

Briggs, C.J.,

WING

CHENG WING-FEI

and

Appellant

THE QUEEN

Respondent

Huggins & McMullin, JJ.

10th April 1974.

JUDGMENT

J!

This is the judgment of the court. The appellant, CHENG Wing-fei was charged with the murder of WONG Fat-nip and with two offences of wounding with intent to do grievous bodily harm contrary to section 17 of the Offences against the Persons Ordinance, Cap. 212. He was convicted of murder and of one of the wounding charges, the victim being YUNG Chi-sheung; he had already pleaded guilty to the second charge of wounding, the victim being LAU Wah. He was sentenced to death on the murder charge. The sentences on the two wounding charges were "respited". The appellant appeals against the conviction on the murder charge and the wounding charge to which he did not plead guilty.

*

YO

These three charges arose out of an incident which occurred on the night of February 28th, 1973 at No. 20 Yen

Chau Street, Kowloon.

On the ninth floor of these premises there was a call girl establishment. It would appear that the group which ran this establishment had forcibly taken into their employment a call girl who had been working for a rival establishment. Some members of the rival establishment therefore raided No.20 Yen Chau Street to recover the girl. A fracas ensued as a result of which WONG Fat-nip was killed and LAU Wah and YUNG Chi-sheung were wounded.

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