ANNEX G TO XCR(75)49
NOTE BY THE ATTORNEY GENERAL.
CHARGE AND CONVICTION.
KWAN Yip-chuen (who was 22 years of age at the time) was convicted on 9th January 1973 of the murder of CHENG Ching on 21st February 1972, His appeal to the Full Court was dismissed on 22nd March, 1974 and an application for special leave leave to appeal to the Privy Council was dismissed on
23rd October 1974.
2.
One
Three others were also charged with the murder. of them (the son of the deceased) was found guilty of man-
slaughter by reason of diminished responsibility. His con- viction was subsequently quashed on appeal to the Full Court. The other two were convicted of murder and, being under 18 years of age at the time of the offence, were ordered to be detained during Her Majesty's pleasure.
3.
FACTS.
Briefly, the Crown case was that the deceased's son, who said that his father was interfering with his "business" procured the other 3 accused, including KWAN, to kill the
deceased. The killers were to receive $20,000, a flat and other benefits as their reward. The crime was to be made to
look like a robbery.
4.
months.
The murder was planned over a period of about two Evidence of this came from a person who was at one time a co-conspirator. KWAN, who was introduced to the son by another person, recruited the other two accused to help in
carrying out the killing.
5.
Eventually, in the early evening of 21st February 1972, KWAN and the other two (the son did not participate at all in the killing), went to the deceased's home. As a result
of a prior arrangement, they were admitted to the flat by the deceased's wife. The deceased was bound and gagged and was
stabbed 6 times.
6.
KWAN was arrested on 25th March 1972. He immediately admitted stabbing the deceased at his home and later made a long statement to the Police about the events on 21st February
when the murder took place. Neither KWAN nor the two who went