TNAG-0487-FCO40-552-Review-of-death-sentence-in-Hong-Kong-1974 — Page 191

ANNEX C TO XCR(74)65

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NOTE BY THE ATTORNEY GENERAL •

CHARGE AND CONVICTION.

CHAN Cheong-hing (42 years of age) was charged with

the murder of his wife CHEUNG Shui-fa on 4th April 1973. He was convicted on 1st November 1973. His appeal to the Full

Court was dismissed on 27th December 1973 counsel was not

able to advance any argument in support of it.

2.

BACKGROUND.

Ag

There was a long history of domestic strife between CHAN and his wife. CHAN had assaulted her on previous occasions.

They had consulted the City District Officer on a number of Occasions since March 1970. It seems probable that they had continued to live together for the sake of their four children, but they had agreed to separate shortly before the incidents which led to the murder.

3.

FACTS.

**

There were no witnesses to the killing. CHAN himself called the Police, in order to get an ambulance, immediately after the events in their home which led to his wife's death. She was taken to hospital and was found to be

dead. CHAN was taken into custody and subsequently made a statement to the Police. He said that, following the agreement to separate, his wife told him to remove his clothing and his

family tablets and censer from the home, threatening to throw

the tablets away if CHAN did not remove them. CHAN claimed that he said that he would take his belongings when next he returned from sea. He said that, after his wife threatened to throw the tablets away, he was yery angry and abused his wife. She ran at him and pinched his thigh. He said this caused him much pain and that he pushed his wife to the ground. He then picked up a chair and hit her on the head a number ♦f

times. He denied that he intended to kill her and said that

the attack was the result of "a moment's irritation". When

charged, CHAN said that the attack was "at a moment of impulse" and repeated that his wife pinched him first, whereupon he "took something to hit her".

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*

4.

MEDICAL EVIDENCE

•

The deceased sustained serious injuries to her head.