ANNEX A TO XCR(75) 49
REPORT TO HIS EXCELLENCY THE GOVERNOR
in respect of Case No.50 of 1972 Criminal Sessions of the Supreme Court
Regina v.
1 CHENG Pak-hei (aged 29)
2
KWAN Yip-chuen (aged 23
3
LAM Kwok-hung (aged 16)
WONG Tung-shing (aged 15/17)
Report of the trial judge to His
Excellency the Governor pursuant to Clause XXXIV of the Royal Instructions
and
Report of the trial judge to His
Excellency the Governor pursuant to Section 70(2) of the Criminal Procedure Ordinance, Chapter 221.
The above persons were jointly indicted for the crime
of murder.
The 1st accused was found guilty of manslaughter (by reason of diminished responsibility) on a 5/2 majority and the other accused were unanimously found guilty of murder.
The Crown's case was that the 1st accused procured the 2nd, 3rd and 4th accused to kill his father for the sum of $20,000 and other benefits and that the 2nd, 3rd and 4th accused, acting in pursuance of that procurement, murdered the deceased on the evening of the 21st February, 1972 by stabbing him to death.
At about 9.15 on the evening of the 21st February, of last year, DPC 2387, acting on instructions, went to Flat 21, Fung Wah Mansion, Cheung Hong Street, North Point, and,
in the main bedroom of that flat, he found a man lying on a bed. This man was later identified as Cheng Ching (the deceased), aged 62, and it was not in dispute during the
trial that this man was the father of the 1st accused.
What appeared to be a handkerchief was tucked inside his
mouth. The constable saw what appeared to be blood on the
deceased. The deceased's feet were tied up with what appeared
to be a curtain cord. When the ambulance men came and took the
deceased away the constable noticed that the deceased's hands
were tied behind his back with a pair of brassieres.