The fight
Tong retreated down the corridor, picking up a wooden pole which was leaning against a pillar at the entrance to the sitting area. A somewhat confused struggle then took place, during which, according to the Crown witnesses, the deceased used the pole to ward off blows by Li with the knife. However, he was stabbed
twice, in the shoulder and in the left side below his armpit. At one stage both fell to the ground. Tong was helped by the occupier of Cubicle No. 1 towards that cubicle, but collapsed
outside Li's Cubicle (No. 2).
The pathologist found other shallow stab wounds over
the left shoulder, right collar bone, right ankle and left hand
of the deceased. The cause of death was the wound in the left
armpit.
The defendant was found, on examination, to have two
out wounds on his hand and a number of superficial bruises, some
consistent with blows from a stick and others with a fall.
The defence version of events
This may be summarized as follows. The young man Tong
complained and a dispute broke out between him and the defendant.
The defendant told Tong to report it to the police if he thought
the TV was too loud. Tang rushed into the room and kicked Li.
above the knee. Li told him to get out but Tong refused. Li
therefore, in fear, picked up a knife and told Tong to get out.
Tong caught hold of Li's arm. Li twisted himself free
and pushed Tong into the corridor, where Tong picked up a pole and
hit Li on the shoulder. Li pushed Tong back into the sitting
room where Tong continued to attack him with the pole. Li seized the pole and both fell to the ground. Li suggested that the wound,
from which Tong died, might have been inflicted when they fell to
the ground together. He insisted that he did not intend to stab
Tong or to cause him any serious harm.
Although the defendant asserted that he did not intend
to injure Tong, he did not dispute the fact that Tong must have sustained his fatal wound from the knife when this was wielded
by himself.