5.
In the early hours of the morning of 15th August 1973 the police conducted raide at various premises throughout the Colony and a large number of persons, including Your Petitioner, were arrested.
Where Your Petitioner (who was the 9th Accused at the trial) was arrested the police seized a pattern for making hoods, a sewing machine, some thread which matched the thread in the hood found in the getaway car No. AV9296, a blank cartridge and a bundle of keys which matched the drawer where guns and ammunition, stored in another accused' s home, were found.
At the trial. Your Petitioner's defence was that of alibi and he
gave his account as follo as
6.
On 14th August 1073 he was at home until about 11.45 a. m. when he went to the Tal Fu Kwai Teahouse for tea. He stayed at the teahouse until around 1 p. m. waiting for the 7th Accused and when the 7th Accused did not turn up he went to the Valley Road Estate. Outside Elock 15 of the Valley Road Estate he met a friend and together they went to the home of the 8th Accused where the friend deposited something in a drawer. The keys of the drawer were then given to Your Petitioner. Your Petitioner then left and went to the Four Seas Eowling Centre and had a game of bowls. He then went home and slept until the Police arrived and arrested him the next morning.
It is clear even from the Crown's case that Your Petitioner was
not one of the persons who was present at Peiho Street when the shooting
o-cured and the conviction for Murder purely rested on the principle of
common intent which in itself is a very complicated and controversial legal
concept. in the circumstances, Your Petitioner respectfully submits that
the principle of common intent has been stretched too far to sustain his
conviction.
7.
Your Petitioner also respectfully points out that it is generally
accepted that the laws of Bong Kong, as a British Colony, follow in broad
terms the legislation passed by Parliament in England. As a result it is
not unreasonable to suggest that a number of recent and proposed future
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