ANNEX C TO XCR (74)88
NOTE BY THE ACTING ATTORNEY GENERAL.
CHARGE AND CONVICTION.
LIU Chu (who is 46 years of age) was charged with
He was
the murder of PAK Kwong Woon on 22nd March 1973. convicted on 31st August 1973. His appeal to the Full Court was dismissed on 5th November 1973, following a statement by his counsel that he had no submission to make.
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FACTS.
LIU robbed a woman at knife-point of $50 in a lift in a building in Fa Yuen Street. After the robbery, he got out of the lift on the first floor and the woman went down to the ground floor. There she met the deceased, who was employed as a watchman. She pointed out LIU as the robber. The deceased then pursued him into an alleyway running between Fa Yuen Street and Sai Yee Street. The woman said that she saw LIU pointing a knife at the deceased in the alleyway and
LIU and that he, LIU, then ran off towards Sai Yee Street. the deceased were also seen in the alleyway by another woman who was passing by. She knew the deceased and, as she passed, heard the other man say to the deceased "Don't come any closer or I will stab you". She said that neither of them had any-
thing in his hand at the time.
3.
The deceased pursued LIU into Sai Yee Street and along it towards Bute Street. They turned into Bute Street where two young men who were loading a lorry joined in the chase. By this time, the deceased was carrying two water pipes. The two young men overtook the deceased and chased LIU into another section of Fa Yuen Street. They came eventually to a staircase entrance to Nos. 141/143 Fa Yuen Street, where the deceased caught up with them. All three entered the building and went up to the second floor. While they were there, they heard a noise downstairs and they returned to the first floor. There they found LIU standing at the door to a flat. He was holding a weapon in his hand.
A
They asked him to put the weapon down but he threatened them saying "either, I die or you die" and began to chase them. They became frightened and ran off downstairs, after one of them had thrown a water pipe (acquired from the deceased) in LIU's direction. When they got outside, they