2

6100 [1]

1 Death Sentence.

2 Marden-nullah. 3 Normal.

Bishop of H. Kong

the matter. Council.

22.11. 34.

Requests S. of S. to go personally into

Details of the case are with Privy

(2)- (0) Extracts from "Hong Weekly Press"

Briefly the facts of the case referred to

in 1, in so far as it is possible to glean them from

the press cuttings filed at 2-10, are these:

The prosecution allege that on the 20th

June the accused threw five children into a nullah

with the result that one of them-Michael Pine-died.

As regards motive it is maintained that the accused

believed that it was a glorious thing to kill a man

and then to commit suicide. He himself jumped into

the nullah at the time of the murder.

The defence is that Michael Pine's death

was accidental and could not be attributed to the

accused. The plea that the accused was intoxicated

was apparently also put forward.

At the first hearing of the case the Jury

were unable to agree and a fresh trial was ordered.

At the second trial the jury returned a verdict of

guilty and strongly recommended mercy. The case

went on appeal to the Appeal Court by whom the

judgment was upheld.

It appears from 1 that the Governor after

felt

s unable considering the case in Executive Council

to exercise his prerogative of mercy and that the

case has been forwarded to the Privy Council on a

legal point. So far as we are aware, the papers

concerning the reference to the Privy Council have

not yet arrived in England ( 1 was sent by Air Mail

and arrived on the 7th).

I

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