BETWEEN
ANNEX B TO XCR(75)53
IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 470 OF 1974
MAN Kan-wah @ MAN Kam
HO Kwai-wah @ HO Kwai
MAN Kan-hoi @ MAN Hoi
MAN Kan-tong
CHOI Chi-kin & CHOI Fan-kin TSE Tai-tung
CHAN Hung @ CHAN Pak-hung
and
The Queen
Coram: Huggins, McMullin and Pickering, JJ.
JUDGMENT
Appellants
Respondent
Huggins', J.:
+
These are appeals against conviction by seven out of a total
of nine Defendants charged with murder and various other offences related
to the robbery of a bank. The fifth Appellant was the sixth Defendant:
the sixth Appellant was the seventh Defendant: the seventh Appellant was the ninth Defendant. I shall refer to them accordingly. Counsel has indicated that he is unable to advance any ground upon which we could interfere with the convictions of the first, third and fourth Defendants
and their applications are dismissed.
品
On behalf of the second sixth seventh and ninth Defendants
counsel has attacked only their convictions on the charge of murder. In
short the contention is that the evidence was insufficient to justify the
jury in finding that these Defendants or any of then fired the shot which
killed a police officer while the robbers were escaping from the scene
of the bank robbery or that they had a common intent to kill or to cause
grievous bodily harri with the person who did fire the shot. No complaint
is made of the summing-up.
The following statement of the material evidence for the
prosecution is taken from a summary of facts submitted by counsel at the
hearing of the appeal and we are grateful for the assistance he has given
to us.
At 8.50 a.m. on the morning of 14th August 1973 a public car
registration No. AV 9296 was hailed by four Chinese nales outside a