ANNEX C TO XCR(75)1
NOTE BY THE ATTORNEY GENERAL.
CHARGE AND CONVICTION.
LUI Kam-shing (who was 22 years of age at the time of the offence) was convicted on 15th July 1974 of the murder on 19th December 1973 of TAM Kam-ming. His appeal to the Full
Court was dismissed on 9th September.
2.
FACTS.
.
At about 5.40 a.m. on 19th December 1973, police officers on motor patrol found the deceased lying in Nathan Road outside the James Bond Restaurant. He was seriously injured and was
removed to hospital shortly afterwards. He died at about 6.20 a.m. The deceased was employed at the restaurant as a night watchman.
3.
Following the arrival of Police reinforcements, a search was made of the restaurant and the vicinity. The restau-
rant was in some disorder and the rear door, leading to a service lane, was open. There were bloodstains on and near the rear
door and a trail of blood led some distance from the door to
premises in Reclamation Street. Following a search in the vicinity of those premises, LUI was discovered in the back of a lorry parked in Reclamation Street. He had a wound on his thigh and he claimed to have been injured whilst being robbed a short time before. He said the robbery had taken place near the James Bond Restaurant. He was searched and a paper sheath for a weapon was found tucked into his trousers. Subsequent examination showed that blood of the same group (Group B) as the deceased's, which differed from LUI's, was on the sheath. A police officer subsequently found a knife on a fruit stall at the junction of
Bute Street and the service lane behind the James Bond Restaurant. This also carried bloodstains of Group B. It was concealed under a newspaper and fitted exactly into the paper sheath found
on LUI. Later, scientific examination showed that the knife also
had on it fibres of the same colour as those of multi-coloured
blood-stained tablecloths found on the floor of the James Bond
Restaurant. There was an indication that the deceased might have been using the tablecloths as bedclothes.
4.
LUI was interviewed at Queen Elizabeth Hospital on 20th December and answered a number of questions put to him by a police officer. Among other things, he said that he was attacked