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Nip, of whom the appellant was one. YUNG Chi-sheung is the victim in the second wounding charge and is the man who was asleep at the time of the commencement of the incident.
The wounds inflicted on the victims were of
the greatest severity.
In each of the three charges three other person's are named as having been concerned with the
appellant. These persons were not before the court.
I mention this because the identification of the
appellant was not in issue. Various members of Group A knew the appellant and the other persons named in the charges to be member of Group B.
In addition, the appellant did not deny that he was at the premises and that he was armed with an
iron ruler. He said that earlier that evening he met some friends and he was invited by one of them to go to the premises but only for a discussion. This man
explained that Group A had taken away his girlfriend and he wanted her back. However, the appellant said that his friends distributed weapons amongst the other members of the Group and he warned them that there might be a fight when they reached the premises. He himself received an iron ruler. The appellant accompanied the others to the premises. He remained outside where he saw Mr. Tsoi and Mr. Tong already tied up.
He saw the other persons enter the premises.
After a very short time he heard fighting so he himself went inside. He saw LAU Wah inside holding a stooi. He said LAU Wah tried to hit him with it
so he defended himself with the iron ruler which he
had in his hand.
The real defence of the appellant was that although he was in a fight with LAU Wah he had nothing to do with any attack on WONG Fat-nip or YUNG Chi-
sheung. He in fact had no common intention with the members of Group B to wound or kill. He only struck
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