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Later he learnt that at approx. 9.30 p.m. on 9.9.73, a gang fight took place in YU MAN SQUARE, Kwun Tong, whereby several persons were either killed or injured. Most of them were hawkers in the area. The victim who died was one of your petitioner's close friends LAM BOR alias LAM SUM SHUI. Among the injured were the CHENG brothers who had had previous quarrels with your petitioner. They took the chance to seek for revenge and conspired with certain witnesses to make false allegation against your petitioner, claiming that your petitioner was seen as one of the assailants in the fight. Your petitioner's elibi was, however, supported at Court by CHAN YUM's wife CHENG BIK WAN, and CHAN TSANG, partner of SAY LUK CO., as well as your petitioner's uncle FONG HING SHUI who accompanied him to Lamma Island. His alibi was further supported by three witnesses at the scene called by the police. They were LAU CHING LUNG, CHEUNG TING SANG and CHAN KAM SHUI. They witnessed the incident and did not see your petitioner throughout the whole incident. Besides, a time-table submitted by Hong Kong and Yaumati Ferry Co. as exhibit showed that the last ferry was leaving from Hong Kong for YUNG SHU WAN, Lamma Island at 8.45 p.m. on September the 9th. The fight, however, occurred a far distant away in Kwun Tong at 9.30 p.m. on the same evening.
5. The CHENG brothers conspired with several clansmen to make false allegation against your petitioner on giving evidence as witnesses. The reason why they did so related to other past events. The wife of CHENG TSUM, younger brother of CHENG KWONG, is the younger sister of your petitioner's wife. She had deserted her family both before and after she got married with CHENG TSUM. Your petitioner had helped to locate the girl before she got married, but not after she became CHENG's wife. Because of this, the CHENG brothers accused your petitioner of inciting CHUNG's wife to quit her husband, taking CHENG's money with her. Many a time had the CHENG brothers intimidated and blackmailed your petitioner over this unsuccessfully. Eventually, CHENG's wife was found to work as a dancing hostess in a ballroom. The CHANG brothers gathered a gang to seize back his wife from the ballroom and beat his wife's lover up. However, the CHENG brothers still held a hostile attitude towards your petitioner. All these days, the CHENG brothers used to intimidate and bully others; they thus made a lot of enemies. Your petitioner really does not know how they were wounded on the night of September the 9th.
6. At the time of the trial, the judgė“ misdirected the jury who then wrongly founded your petitioner guilty of the charges. On appealing to the Full Court, however, the solicitor assigned to your petitioner by Legal Aid Department did not redress the injustice for him. Thus your petitioner was made a victim of miscarriage of justice. In fact, there were no grounds or insufficient grounds to found the said conviction.
7.
As your petitioner still has a wife and two children in Hong Kong as well as an aged mother and a father-in-law in Mainland China waiting for his financial support, he humbley begs His Excellency to uphold justice in his case.
and
your Petitioner as on duty bound will ever pray, 呈請人將感恩不盡
&c.
&c.
Prisoner's Signature.
犯人簽署