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deceased was to deliver at the Washington Guest House in Kowloon the following day.

the would-be purchaser, lived at the guest-house which he owned as a partner. On 16th October 1979 the deceased arranged for two men claiming to be detectives to pretend to "arrest" him, with dangerous drugs on him, at the guest house where the dangerous drugs were supposed to be handed over by the deceased to

The deceased

was thus taken away by these two men without delivering the drugs.

5.

All enquiries made by the middleman that evening failed to establish the whereabouts of the deceased at any police station.

correctly concluded that he had been cheated. On 19th

October 1979

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with his associates took the deceased to

a leased flat in Ngau Tau Kok. Here the deceased was interrogated and assaulted by

and his accomplices. The petitioner and CHENG Hok-ling were present. At about 8 p.m. the deceased was taken from the flat by a group of males including the petitioner

and

This was the last time that the deceased

was seen alive by the prosecution witnesses.

6.

The petitioner made two cautioned statements to the

police which were admitted in evidence at the trial. In both

statements he admitted being present when the deceased was knifed,

but denied doing any of the knifing himself. There was also in evidence a statement by

containing a complete

confession by CHENG to the murder of the deceased by way of

execution, though this statement as a matter of law was not evidence against the petitioner.

7.

On 7th November 1979 the petitioner took police officers

to the hillside below Castle Peak Road area where a knife was

recovered.

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