TNAG-0487-FCO40-552-Review-of-death-sentence-in-Hong-Kong-1974 — Page 80

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point the two youths took fright. One of them who was holding a length of water pipe given him earlier by the watchman threw it at the prisoner

and both youths escaped. The watchman appeared at the scene at or shortly after this time and he fought with the prisoner. The watchman was armed

with a metal poultry feeder cyclindrical in shape. It is clear from the medical evidence that the prisoner sustained numerous minor injuries such

as abrasions and lacerations. Medical evidence also shows that the

deceased suffered nine stab wounds consistent with having been inflicted

with a triangular file. The cause of death was bleeding due to multiple

stab wounds. From the verdict of the jury, it may safely be inferred

that they found that these stab wounds were inflicted by the prisoner on

the watchman. The triangular file was subsequently found in the kitchen

of another flat near the scene of the fight where the prisoner had taken

refuge after the killing. The file did not belong to any of the occupants

of that flat.

The prisoner's defence was that he was set upon by the watchman

and two or three other men each armed with a weapon. He was assaulted

until he half-fainted with pain. Whilst lying on the ground he groped

about and found a hard object which he seized and waved. Then he lost

consciousness. When he came to, his assailants had gone. He told the

Court that he was in a rage when he was waving the hard object. He also

said that he did not know what the hard object was.

In my summing up to the jury, I instruct them to consider provocation and self-defence explaining to them what each meant in law.

I also explain to the jury that they ought to consider the

following alternative verdicts :-

(1)

that the prisoner was guilty of murder or not guilty

of murder;

(2)

that if they found that there was provocation and the

prisoner killed the watchman under provocation then they

should return a verdict of guilty of manslaughter;

像