ANNEX F TO XCR(75)136
NOTE BY THE ATTORNEY GENERAL.
CHARGE AND CONVICTION.
Three persons
(a) MA Sung-lee
of the offence
(b) KWOK Ki-cheong
time No. 2;
about 23 years of age at the time
No. 1;
(c) FONG Chong-ming
C
time No. 3,
about 23 years of age at that
G
about 33 years of age at that
were charged with the murder of LAM Po on 9 September 1973. They were convicted on 19 December 1974. Their appeals to
the Full Court were dismissed on 8 April 1975.
2.
A fourth person who was also convicted of the murder committed suicide in prison on 18 May 1975.
FACTS.
3.. There had been a long-standing feud between two
Chiu Chow families the CHENGS and the FONGS- in Kwun
Tong. Both families carried on business as fruit hawkers. The feud erupted again on 6 September 1973, when there was
an argument between No. 3 and CHENG Kam-ho about stall
boundaries. No. 3 was not seen again in the lane where the hawkers carried on business until the evening of 9 September.
4.
That evening, at a time when business in the lane was brisk on account of the approaching Mid-Autumn Festival,
some 20 persons suddenly dashed through the lane and attacked, apparently indiscriminately, hawkers who were there. Each of the gang of attackers had a piece of white cloth in his mouth presumed to be for identification purposes. The attacks were carried out with knives. LAM Po, the deceased, was a fruit hawker. Seven other persons, one of whom was a bystander, were injured during the attack. The man with whom No. 3 had had the dispute on 6 September was one of the injured.
5.
No. 3 was identified as one of the attackers, both by persons to whom he was known and persons who did not know him previously. He was seen carrying a knife and attacking a number of people.