TNAG-0488-FCO40-553-Review-of-death-sentence-in-Hong-Kong-1974 — Page 119

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house, and indeed upon himself, for there were on him two injuries (the exact time when they were inflicted is not clear but he had two quite serious cut wounds, one of them on his wrist and one on his elbow), that he climbed out on to the outside of the building and there either fell, or less probably jumped, in order to escape the attackers. This is what the other two men, Cheung and Sin, did climbed out and got on to some projections which were on the side of the building below the window. Immediately below was an asbestos awning about eighteen inches to two feet in width supported by iron rods led into the side of the building. One of the two men actually went through this because he jumped too hard, but it would appear that it was the sort of structure which could, with care, bear the weight of a man and the Crown's contention has been that this man must have gone along this or some similar part of the building for a considerable distance in order to keep out of harm's way.

I say "for some considerable distance" because the photographs do not show quite as clearly as does a view on the ground how far from the bathroom window, or from a vertical protection from the window, the body of the Deceased was found lying, dressed, in the gutter after the event. We inspected all the rooms on this side of the guest house and also went up the stairs on to the roof. There is another residence at the head of the staircase at roof level.

There was evidence from a young man who had come to Leighton Road with the Appellant. The Appellant was one of those who was definitely identified as being among the attacking party. This young man, Mr. Kwok, told the court that he had been with the Appellant for some time that night, that he had been told by the people he came with, including the Appellant, to wait downstairs. They went up.

They went up. They came down about five minutes later, the Appellant saying "There's a struggle. Run away". Kwok had seen the Appellant with a knife earlier in the evening.

Now the case put forward by Mr. Yu, with considerable force, was that it was unsafe to convict upon this evidence. Indeed he went so far as to say that having regard to the learned judge's directions and his obvious invitation to