IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 29 OF 1974
ANNEX 10 XCR(74) 2
BETWEEN
LEUNG WANG alias LEUNG WING SANG
Appellant
and
THE QUEEN
Respondent
Coram: Huggins, McMullin & Leonard, JJ.
JUDGMENT
Huggins, J.:
This is an appeal against a conviction for murder. There were in the indictment altogether seven counts, the other six being in respect of offences of wounding with intent to do grievous bodily harm to other persons who were present at the scene and also to the Deceased himself. We may say at the outset that all three members of the court, having read the papers and, in particular, having read what appeared to us to be a very clear indication by the trial judge to the jury to return a verdict of Not Guilty of murder, approached the case with considerable doubts whether the evidence did
support this conviction. We have now had the advantage of hearing very succinct and helpful arguments from Mr. Yu and Mr. Niamatullah and, in addition, we have taken the opportunity, which in the event has been of extreme value to us, to go and see the locus.
The charge arose out of events which took place in a guest house in Leighton Road at 3 o'clock in the morning on 19th July. There were three men at that time in Room 603 in that guest house. The evidence was that a number of armed men burst into the guest house and proceeded to chop most, if not all, of the persons who were therein, including the three men in Room 603. The Deceased was one of those men. According to the other two men in that room, Cheung and Sin, the Deceased was at the time that the attack started in the bathroom which was annexed to Room 603. There was evidence that he had gone into that room in his underpants. There was no evidence as to whether or not he had clothes in the bathroom