CO129-584-14 Commutation of death sentences to life imprisonment. Includes 9 photographs depicting- [CN 3-42] Commutation of... 22-12-1939 - 17-9-1940 — Page 26

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satisfied that there was a real fight between these two ? There

is this to remember

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you will have to ask yourselves whether you believe Lo Yee and whether his evidence is consistent with a stand-up fight with the deceased, the bigger man,winning. Lo Yee an eye-witness has said that all he saw was the deceased man scampering along the passage as hard as he could with the accused

man after him. You will also have to satisfy yourselves in your own mind that that knife was quite accidentally and fortuitously procured; that it just happened to be there and the accused's hand came in contact with it. No more and no less than that. Any conclusion as to the knife other than that will destroy that defence once and forail and completely and will leave you no option but to return a verdict of guilty of murder.

There are two verdicts

murder, or if you believe in its

entirety the story Mr. She has put before you, manslaughter. It is axiomatic in British justice that the Crown has to prove the guilt of a man beyond all reasonable doubt, so if you have any real doubt on that one issue, it is your bounden duty to say "Well, the Crown has failed in what is its primary duty and therefore they must take the consequence; we cannot find the accused man guilty of murder." If, on the other hand, on a careful scrutiny and examination of the whole of the evidence, you are driven irresistibly to the conclusion, however reluctantly, that the killing of Wong Ka Yan was deliberate and intentional, even though it may have been in the heat of temper, then it will be your bounden duty, consistent with the oath you have taken, to bring in a verdict of guilty of murder.

As this is a capital charge, it is necessary for you seven gentlemen to be unanimous in your decision. I have

nothing more to say to you bat before I ask you to consider

your verdict I will ask Counsel who have been engaged in the

case if there is any point which they think I have not

sufficiently stressed.

No points: Jury retire and return with verdictyof guilty of