2.
с ANNEX TO XCR(75)53
NOTE BY THE ATTORNEY GENERAL.
CHARGE AND CONVICTION.
The 7 persons with whom this Note is concerned are
(a) MAN Kam-wah (aged 24)
(b) HO Kwai-wah (aged 22)
ber
No. 1.
No. 2.
(c) MAN Kam-hoi (aged 18)
aged 18) No. 3.
-
(a) MAN Kam-tong (aged 21)- No. 4.
e) CHOI Man-kin (aged 21). No. 5.
(f) TSE Tai-tung (aged 26 - not confirmed) - No. 6. (g) CHAN Hung (aged 21)... No. 7.
murder.
his name.
3.
4.
The ages given are their, ages at the time of the Each is referred to in this Note by the number following
All except No. 6 were born in Hong Kong.
*
They were charged with the murder on 14 August 1973 of CHEUNG Tin-lam, a Sergeant in the Royal Hong Kong Police Force. They were convicted on 26 June11974. Their appeals to the Full Court were dismissed on 2 November 1974. The Court did not call on the Crown to reply to the arguments advanced on their behalf.
*
5.
6.
Nos. 1, 3 and 4 are brothers.
All 7 also faced other charges, some of which arose out of the incident which led to the murder and some of which did not. The other charges against them are shown on the chart annexed to this Note the total charges preferred in the indictment are listed in the left-hand column and a blank square indicates that the particular charge to which the square relates was preferred against the person named at the top of the chart. In particular, the other charges involved a series of bank robberies involving some or all of the 7 persons with whom this Note is concerned. There is a summary of the position at page 17 of the trial judge's report.
7.
The trial judge rightly decided that initially the trial should involve only the counts for murder, robbery at the Chartered Bank and possession of arms and ammunition, all arising out of the events on 14 August 1973. In view of the convictions on those counts, the 7 have not been tried on the other counts against them respectively.