TNAG-0487-FCO40-552-Review-of-death-sentence-in-Hong-Kong-1974 — Page 123

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her almost wholly exculpatory statements against the rest of the

evidence and we have no doubt that this is what the jury did in

arriving at a conclusion of guilt.

Finally, upon this ground of appeal, it is appropriate to

recall the learned commissioner's direction to the jury when speaking

collectively of the statements made by the first four appellants.

"You have these statements before you and it is for you to consider whether you think these statements are true or not or perhaps partly true and partly false and in coming to that conclusion, of course, you will bear in mind the opinion that you formed as to the circumstances in which those statements were made and accordingly, give them the weight that you think they deserve.

#1

We need say no more upon this ground of appeal.

During the hearing of the appeal counsel for the 4th

appellant sought and was granted leave to add an additional ground

of appeal which was to the effect that:

"The learned commissioner misdirected the jury by misrepresenting and or exaggerating the evidence of YEUNG Shing, WONG Yuk-ying and LUI Sin-chun and commenting thereon in a manner which was unfair and or prejudicial to the appellant."

The first specific complaint under this head was the

commissioner's comment, in reference to the 4th appellant, that

"you have to bear in mind what is expressed by one of the popular English poets that 'the female of the species may be more deadly than the male'. It is a matter for you to decide".

The reference was, we think, both unnecessary and unfortunate.

Nonetheless we do not consider that this aside could have influenced

the jury in their determination of the 4th appellant's guilt.

The next extract complained of was that the commissioner reminded the jury that YEUNG Shing had said that the 4th appellant "punched and kicked him and used her elbow against him and so on"

and that when somebody wanted to hit him in the face with a stool,

she ordered him to be hit on the chest rather than in the face.

There was, counsel said, evidence from YEUNG Shing that the 4th appellant had elbowed him and given the instruction regarding using the stool upon his chest rather than the face, but there was no such evidence that she had punched and kicked him. The record