TNAG-0488-FCO40-553-Review-of-death-sentence-in-Hong-Kong-1974 — Page 9

BETWEEN:

ANNEX BTO XCR(74) 263

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO.397 OF 1974

LAU Ming Chiu

TANG Shek Chun

and

THE QUEEN

Coram:

Briggs, C.J.,

Huggins & Pickering, JJ.

JUDGMENT

Appellants

Respondent

5

The appellants in this case were charged with murder,

The assault with intent to rob and wounding with intent. first appellant was found guilty of all three offences, the second appellant was found guilty of manslaughter, assault with intent to rob and wounding with intent. The first appellant was sentenced to death and the second appellant was sentenced to ten years' imprisonment for manslaughter and to six years on each of the other charges, those sentences to be concurrent with the sentence of ten

years.

It is unnecessary to go into the facts of this case. The appeal came before the court on the 19th August, 1974, the appellants being represented by Mr. Yu of Counsel. At the sitting of the court Mr. Yu informed the court that he could find nothing in the conduct of the trial or in the summing-up on which he could base a ground of appeal.

On the 30th August, 1974, the second appellant applied for leave to appeal against his sentence out of

time.

On this occasion this appellant was unrepresented. The court granted him leave to appeal out of time and heard the appellant. However, nothing was put before the court on which the court could interfere with the sentence passed in the court below and the appeal against sentence was dismissed.

P. Yu (Helen A. Lo & Co.) for both Appellants Corrigan, S.C.C.for Crown/Respondent.

великий

c)

Auquest 30 1974