10
6
13
14
relevant. Firstly, the principle of common intention
applied. By that principle, if several persons set
out to attack another group with the intention to cause
them or any of them serious injury or death, then every
one who shared the common intention and took part in
the attack is guilty of murder if a victim was killed,
even though he did not actually strike the deceased.
Secondly, if an assailant attacked the deceased with the
intention to cause serious injury or death and the deceased,
fearing for his life and in his attempt to escape, fell to
his death from a height, the assailant would be guilty of
murder even though he did not succeed in striking the
deceased.
If
It would appear from the evidence that the purpose of paying
LEUNG Wing-sang was not so much to induce him to admit
wounding as to allow himself to be arrested. It was not
even for the purpose of inducing him to surrender him-
self in the proper sense of the term because surrender
implies an element of confession. The Polico did not
demand his confession because they had eye-witnesses.
Indeed at an identification parade hold on the 1st August,
1973, he was identified by three employees of the Cactus
Apartment House as having been one of the assailants.
the Police had insisted on LEUNG's confession or if a
confession had formed part of the agreement, they probably
would not have allowed him to plead self-defence in his
cautioned statement, which all experienced Police officers
knew amounted to a complete defence in law. Nor would
they have allowed LEUNG to make the empty statements in
answer to the charges. The Police however did not know
where LEUNG was. It was therefore necessary to induce
him to come out from his place of hiding. As has been
pointed out earlier, LEUNG had several reasons for
allowing himself to be arrested, and the payment was but
one, and probably not even the most important reason.
LEUNG was in the circumstances permitted to defend himself
the best way he could and for that purpose LAW paid
for the legal representation for his defence.