CO129-598-4 Salaries Commission 11-1-1947 - 5-12-1947 — Page 79

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appears that the Court obviously accepted in full the plea in mitigation made by Mr. D. B. Evans of Messrs. Johnson, Stokes & Master on behalf of the 1st accused, Chui Tsang Yui, who pleaded guilty to charges of robbery on the 9th and 19th February 1946 and in particular the allegations made in the said plea in mitigation that the 1st accused was influenced in his action by the 2nd accused, the son of your Petitioner

and that his action in the commission of these offences was

due to the bad influence of the 2nd accused.

5.

The plea in mitigation made by the 2nd accused, who was not represented by Counsel, and who pleaded guilty to the same charges and, in addition, to the charge of unlawful possession of arms was to the effect that he had not encouraged or influenced the 1st accused in any way but that they had both jointly agreed to carry out the offences and he further stated that he was 18 years of age not 21 years of age as alleged by the prosecution and your Petitioner confirms that

It would he was, in fact, 18 years of age at that time. therefore, seem that the statement made by Mr. Evans in mitiga- tion in so far as the 1st accused being just over the age of 18 years and therefore just outside the Juvenile Offenders Ordinance would appear to apply equally to the case of the

said Chong Tong Nei.

•

6. The sentences imposed upon the two differed considerably in that the 2nd accused, your Petitioner's son, was sentenced to Five years simple imprisonment on the charge of possession of a pistol given to him by an ex special constable) an offence which was far less serious than the robberies for which both were convicted and sentenced to three and three and a half years simple imprisonment together with 12 strokes of the cane in

each case.

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