NOTE BY THE ATTORNEY GENERAL
CHARGE AND CONVICTION
NEX C
The petitioner, a male named
on 28th August 1981 of the murder of his niece and the attempted murder of his nephew
was convicted
who is
the deceased's elder brother. He was sentenced to death for the murder and 7 years imprisonment for the attempted murder. His appeal against conviction was heard by the Court of Appeal on 30 th March 1982 and dismissed.
2.
On 13th October 1982 he petitioned for the commutation of his death sentence to one of imprisonment.
FACTS
3.
The petitioner arrived from China in October 1978 and was later joined by the deceased's brother,
The
deceased then arrived in Hong Kong towards the end of 1979. In May 1980, the three of them jointly purchased a wooden hut in Tsz Wan Shan, Kowloon for the sum of $5,500, the contribution from the deceased and her brother being $3,500.
4.
Shortly after 10 p.m. on 28th January 1981, the deceased's brother returned to the hut after work. When he entered the hut he noticed that the petitioner was sitting alone but the deceased was not in sight. He did not see the meal usually prepared by the deceased. He looked for her at a neighbour's place and telephoned her place of work but without success.
5.
At last he discovered the deceased was tied underneath the
bottom of the bunk on which he and the petitioner normally slept. together. He asked the petitioner why he had tied his sister under the bed. Instead of giving a reply, the petitioner took an axe from a clothes rack and attacked him with it.
They had a
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