TNAG-0488-FCO40-553-Review-of-death-sentence-in-Hong-Kong-1974 — Page 70

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

convicted".

This appeal was set down for Monday, the 10th

day of June 1974.

That Your Petitioner's parents, on Your Petitioner's

behalf briefed counsel, Mr. Brook Bernacchi, Q.C. to lead

4.

Mr. H.Y. Leung on such application for leave to appeal a few

days before the said 10th day of June. Mr. Bernacchi, as a

leading counsel in Hong Kong, has a very full practice and

Your Petitioner is led to believe that all the week before

he was engaged on a big civil action regarding land in the

New Territories.

5.

From Your Petitioner's point of view, the court

hearing on the 10th day of June 1974 was very confusing. Mr.

Bernacchi made two applications: (1) for an adjournment on

the ground that he had only recently briefed, whereas before,

Your Petitioner has been a legally aided person and (2) to

amend the grounds for application by giving particulars of a

total of seven grounds. Crown Counsel Mr. Sharwood did not

object to either of the two applications, but the Full Court

after a short adjournment, came back to give judgment on

counsel for Your Petitioner's two applications, that they

refused to adjourn the hearing of the Appeal and that they

would only allow one of the seven points to be argued.

heard Mr. Bernacchi on this one point, they then straight

away dismissed the application for leave to appeal. Your

Petitioner now attaches hereto and marks "Exh. 1" a confidential.

letter sent to Your Petitioner's solicitors by Mr. Bernacchi

which speaks for iteself. Your Petitioner is further informed

by Mr. Bernacchi that even the seven grounds were possibly

not complete, because, if the Full Court had granted the

Having

2

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