NOTE BY THE ATTORNEY GENERAL
CHARGE AND CONVICTION
1.
The petitioner, Chinese male
alias
(26 years) was charged that between the 7th day of August 1979 and the 17th day of August 1979, at Yuen Long, New Territories, he, together with the second accused
murdered
CHAN Wun Hing alias Peter. On 14th January 1981 the petitioner
was convicted of murder and sentenced to death. At the same time
he was sentenced to 9 years imprisonment for conspiracy to traffic in dangerous drugs, a charge to which he had pleaded guilty. His subsequent appeal against conviction for murder was dismissed by the Court of Appeal on 30th November 1981.
FACTS
2.
CHAN Wun Hing (the deceased) had been involved in the smuggling of heroin between Hong Kong and the continent of Europe since 1978. The petitioner knew the deceased since 1976 and had worked for him as a driver, including taking part in the deceased's drug transactions. The petitioner had been employed also as a hawker and as a sales representative for an electrical appliances company. He ceased both of these occupations in 1978, subsequent to becoming involved in drug trafficking.
3.
In April 1979 the petitioner suggested to the deceased and the deceased's younger brother, CHAN Ka-yan (alias FEI Chai Keung) that they smuggle 5 pounds of heroin into the Netherlands.
An agreement was reached to the effect that 40% of the profit
should go to the deceased and his brother and the balance to
the petitioner. In the event of anything going wrong, the deceased was to pay the petitioner H.K.$20,000. The petitioner obtained 5 .`- pounds of heroin from a contact at a cost of $73,000, of which
the petitioner contributed $20,000 himself. The petitioner
then passed the drugs to the deceased for transportation to
the Netherlands. In about May 1979 the deceased and an
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