$14.

when he told

that it was suspected that

and the

deceased had conspired together to deceive "them" and where he made a remark to the effect that the people who had beaten Ah Kwai the previous night were his subordinates.

was subjected

to further beatings on the 18th and as a result of this he telephoned the deceased making an appointment to meet him at the Ruby Restaurant shortly after 5 o'clock on the 18th, but he was not allowed to keep that appointment.

and the 1st defendant both left the Ngau

being guarded by 4 other people. The

Tau Kok flat leaving

1st defendant travelled with the deceased and

Washington Guest House to

from the

Ngau Tau Kok flat on the 19th

and the

October where a confrontation took place between

deceased, The deceased admitted that he had received $16,500 from

and was subsequently subjected to a severe beating at the time when, according t

and the 1st defendant and

i 2

the 2nd defendant were in a small room with the deceased. Two

knives were seen in the premises at this time, one being what was described as an ox-bone knife about 18-24" long tapering to a point with an approximate 9" blade similiar to a butcher's knife, and

the other being described as a scout knife. (The injuries found on the body of the deceased were consistent according to the medical evidence with having been caused by knives of the description of these two knives.) The cut on the neck which was fatal was

consistent with having been caused by the ox-bone knife, and the two stab wounds which were described as being fatal could, according to the medical evidence, have been caused by the scout knife.

Sometime after 8 o'clock on the evening of 19th October

the deceased was taken away from

Ngau Tau Kok flat to a

hillside where the injuries were inflicted upon him from which he

died.

It was the 1st defendant's defence that he had an alibi

and could not have been present on the hillside when these injuries were inflicted? He was supported in this contention by the 2nd

defendant who claimed to have been at the hillside.

4

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