· 6-
took part in it claiming that he was frightened and went off and
took refuge in a car and subsequently his two colleagues turned up at the car covered in blood. He then went to one of his temporary
homes, which was the same address as that occupied by the 1st
defendant. During the investigation of this case, blood was found
on the 2nd defendant's shoes which according to the expert evidence
was consistent with the blood of the deceased and 3% of the ethnic
Chinese population in Hong Kong, but inconsistent with the 2nd
defendant's own blood or the blood of the 1st defendant or
There was also in evidence a statement which contained a complete
confession by the 2nd defendant to the murder of the deceased by
way of execution. Subsequently he led the police to the spot where
the killing had taken place and pointed out a boulder to the police.
The 2nd defendant's explanation for being at the Ngau Tau Kok flat,
that he knew
H
who was a drug addict, and who needed to have
an eye kept on him for that reason, was quite ridiculous and rightly rejected by the jury. In the course of his evidence however, he
did concede seeing a knife in the flat which was consistent with
the scout knife found by the police in dense undergrowth off the
Castle Peak Road.
The 2nd defendant's explanation as to what happened when
the party left the Ngau Tau Kok flat in the company of the deceased
was equally unbelievable. He maintained that the dispute between
Ah Woon and the deceased had been settled by this time and that he
was merely asked to go along with the deceased to help carry the
valuables in the event that the cash at the deceased house was not
enough to make repayment of the $16,500 which the deceased had
admitted owing. He claimed that the deceased was taken by the 3
men including the 2nd defendant himself in a car to a street near
Mong Kok Police Station on Prince Edward Road where he thought that
they turned into another street. He claimed that the deceased was
allowed to leave the car at this stage and go up to collect money.
20 minutes later the deceased returned to the car saying that he did
not have enough money but that he had just rung up from his home
a friend and the friend had cash to lend him and that the deceased