3
with the rest of the gang. They said that they waited at the
door and only went in when they heard the commotion inside.
TSE said that the most that he did after entering the flat was
to use a stool which he picked up in the flat to defend himself.
LAM said that he was given a knife by HO after they arrived at
the flat and that after he entered the flat he chopped someone
first to stop that person from rushing towards him and then,
when he was close, to defend himself.
10.
TSE admitted that he knew there might be a fight,
but LAM maintained resolutely that he thought that HO and his
gang were going to the flat to reason with the leader of the
call-girl organisation.
11.
These defences were inconsistent with statements
Those
which they made to the Police following their arrest.
statements were admitted in evidence by the trial judge after
an enquiry.
12.
SUMMARY.
There was ample evidence to support a verdict of
guilty of murder and the trial judge has expressed the opinion
that the stories told by TSE and LAM were rightly not believed.
FACTORS RELEVANT TO COMMITATION.
13.
There are three factors.
(a) Both TSE and LAM are young
18.
one was 20 and the other
(b) The jury recommended mercy. The trial judge makes
no real comment on this, but I have the impression
from his report that he does not dissent from the
jury's view.
(c) It seems clear that the attack was instigated and
organised by HO So-kuen, who was living with the girl
in relation to whom the dispute arose.
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