ANNEX A A
Report to His Excellency the Governor in respect of Criminal Case No. 64 of 1979
His Excellency the Governor of Hong Kong.
Your Excellency,
aged 24
I have the honour to report pursuant to Clause XXXIV of the Royal Instructions that on the 19th day of September 1979 the above named prisoner was convicted by a jury of the murder of Leung Kit Ying. Sentence of death was imposed.
In this matter the accused faced the charge that he did murder Leung Kit Ving on the 4th April 1979 at Room 1201, Star House, 12th Floor, Tsim Sha Tsui, Kowloon. He pleaded not guilty to that charge. The circumstances of the offence were as follows:-
On the morning of the 4th of April 1979 staff of Hong Kong Land Co. heard noises and cries of "Save life" from Room 1201, Star House, which was the office of R. & D. Millet (Shop). After a period of knocking the door was opened by the accused. When he walked out he appeared to be about to leave and was told by one of the staff members to remain at the scene. Upon entry to Room 1201 the staff members saw Leung Kit Ving lying badly wounded upon the floor and the police were called. The accused stated to the police that he had arrived at the office shortly before nine to find that Leung Kit Ying, the office manager, who was his direct superior, was being attacked by two robbers. He said that when he intervened the robbers knacked him unconscious and that the next thing he heard was the knocking on the door. The Police did not accept this statement and on that evening he was arrested and charged with murder. At the trial scientific evidence was given which established his presence during a fight in various parts of the office which he had said, in his statement, that he had not entered on the morning of the 4th. Evidence established that the accused had brought a heavy hammer to the scene in a briefcase on the 3rd of April and that the deceased, Leung Kit Ving, had died after having been stabbed three times with a fruit knife which was found at the scene and struck a number of times with a hammer which was also found at the scene. Evidence also established that the accused was a former employee of R. & A. Millet (Shop) Ltd. and that on the 4th of April he was again working in a temporary capacity until the end of April. It was the Crown case that the accused was desperately seeking to obtain permanent employment with R. & A. Millet (Shop) Ltd. and that he murdered the deceased in the hope that this would open the way to his permanent re-employment.
At the end of the Crown case there was damaging evidence against the accused which indicated that he had been involved in a fierce struggle with the deceased on the morning of the 4th of April. The accused gave evidence in which he said that his version of events given to the police on the 4th of April was untrue and that he had made it up because he felt frightened that he would be blamed for the death of the deceased. said that he had brought the hammer to the office to fix defective stud buttons and that after an argument the deceased had picked up the hammer and attacked him with it and that, while trying to defend himself from the hammer attack, he had accidentally stabbed the deceased with the fruit knife.
HC
A