TNAG-0487-FCO40-552-Review-of-death-sentence-in-Hong-Kong-1974 — Page 119

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The plain fact is that in respect of the assaults upon

both men very considerable force was used and it must have been

within the knowledge of anybody present, and certainly within that

of anybody taking part actively or encouraging with their presence,

that the intention existed on the part of some or all of the

attackers to inflict, at the least, grievous bodily harm. This

must have become progressively clear as the beatings persisted and the deceased visibly grew weaker. We have already referred to the medical evidence re arding the injuries sustained and those

injuries were such as to constitute adequate testimony of such

intention, an intention which must have been known to all who took

part in these attacks. As to the fact that, upon the second count, the jury found the appellants guilty merely of inflicting grievous bodily harm rather than causing grievous bodily harm with intent, we would observe that this was an illogically lenient result.

Dealing with the matter the commissioner said:

"Unless you are satisfied that somebody contributed to the death intending death or grievous bodily harm to result, you cannot convict anybody, anybody of murder and you would have to acquit them all. Once you have decided that somebody it does not have to be one of the accused necessarily once you have decided that somebody contributed to the death intending death or grievous bodily harm, then you must consider the intent that was in the mind of each accused. Any body who hit Shanghai Chai intending his death or grievous bodily harm to him is guilty of murder also, anybody who was present and was encouraging or assisting and intending to encourage or assist anybody else to cause death or do grievous bodily harm, even though he struck no blow himself, is guilty of murder".

That was a perfectly adequate direction as was the direction in regard to the second charge where the learned commissioner said:

"As far as the charge of grievous bodily harm with intent is concerned, anybody whom you consider struck YEUNG Shing with intent to do him grievous bodily harm because there can be no doubt that that amount of harm was done to him anybody who hit him intending grievous bodily harm you may convict as charged, and equally, anybody who was present and intentionally encouraging or