TNAG-0486-FCO40-551-Review-of-death-sentence-in-Hong-Kong-1974 — Page 35

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

6

At the conclusion of my summing-up to the jury I

put to them three questions:-

(1) Are you satisfied beyond reasonable doubt that

the fibres found on the clothing which the dead girl was wearing at the time of her death were identical in colour and quality with the fibres found on the sweater (i.e. the dark coloured sweater) found in the possession of the accused at his Chung Hom Kok premises on the 12th April?

(2)

*

If so, are you satisfied beyond reasonable doubt that the man who murdered that girl on

the 17th March was wearing that sweater?

(3) If so, are you satisfied beyond reasonable

+

doubt that that man was the accused?

I made it clear to them that if the answer to all

three questions was in the affirmative they should convict

the accused of the offence as charged. If they were not so

satisfied, or if they were left in any reasonable doubt as

to the answer to all; or any, of these three questions then

they should find him not guilty.

The inference would seem irresistible that this

was a brutal and vicious murder carried out for a purely sadistic purpose. What is perhaps remarkable is that the girl had not been sexually interfered with in any way and her clothing was found intact. During the course of the trial the prosecution sought to tender evidence in the form of certain "girlie" magazines found in the possession of

the prisoner at the premises where he lived in the western

district. Two or three of these magazines showed pictures

of females tied up in different positions, and one of the pictures was of a girl, tied up, with a dagger apparently lying on the floor and pointing approximately in the direction of her face or throat. Such evidence was only admissible in law if it tended to prove, not simply that

the prisoner had a tendency to sexual deviations, but that he was, in fact, the man who committed the killing. The

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