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that So Kuen had handed weapons to Ah Fei before his party set out for the flat, as what So Kuen gave Ah Fai was a long rectangular parcel wrapped in newspaper. At the flat he was given a knife by So Kuen. He entered the flat with it after waiting for some time outside and on hearing a commotion inside, and chopped a number of times an unidentifiable man who rushed at him; he could not say whether this man was armed or not. That was the limit of his physical acts in the flat. He entered no room but the sitting
room.
In a statement made after his arrest the second accused had stated that the visit to the flat was to be for the purpose of chopping Tai Pau.
The jury clearly disbelieved both accused (rightly in my view) and took the view that they went to the flat with the intention of joining in the making of a violent attack on persons who might be there, and participated in that attack. Their recommendation to mercy is, I imagine, based on the youth of the two accused, a belief that they were not the leaders but the led and that they probably did not themselves inflict the wounds which killed the deceased, though they inflicted serious wounds on others.
Should Your Excellency accept this recommendation a prison sentence of 10 years would in my view be appropriate in all the circumstances.
I have the honour to be,
Sir
Your obedient servant,
Z. Babar
Зават
E.G. Baber)
Commissioner of the Supreme Court
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