TNAG-0554-FCO40-649-Review-of-death-sentence-in-Hong-Kong-1975 — Page 150

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Evidence was adduced of approximately twelve meetings held in various places on Hong Kong Island and Lantao prior to the date of the deceased's death. The Crown's main civilian witness, MA Kam-yuen, gave evidence that at about 4/5 of these meetings, the killing of the deceased was discussed. There was also evidence of a number of meetings between the 21st February (the day the deceased was murdered) and the 25th March (when the four accused were arrested) and these meetings were mainly concerned with payments of money by the 1st accused to the 2nd accused.

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The five main civilian witnesses who gave evidence for the Crown concerning these meetings were MA Kam-yuen, KONG Chi-ling, CHEUNG Hoi-kit, CHEUNG Chak-leung and KWAN Wai-on. Not long after CHEUNG Chak-leung and KWAN Wai-on (the latter being a relative of the 2nd accused) each began to give their evidence, there were separate applications by the Crown to treat them as hostile witnesses and after hearing arguments I acceded to both applications. As a result of my ruling I directed the jury that the evidence of these two witnesses was to be regarded as unreliable and, furthermore, that the statements they made before coming to give evidence at the trial, whether sworn or unsworn, could not constitute evidence on which they could convict. The witness MA Kam- yuen was obviously an accomplice and I accordingly warned the jury that it was dangerous to convict on the uncorroborated evidence of an accomplice but that if, giving full weight to that warning, they came to the conclusion that without any doubt MA Kam-yuen was speaking the truth, then the fact that there was no corroboration mattered not at all, and that they were entitled to convict if they were satisfied that his evidence so warranted. I also warned the jury that they ought to scrutinize the evidence of the accused very carefully in the knowledge that each of them might have some interest of his own in trying to shift the blame from himself on to others.

The 3rd accused testified that on the evening of the 26th March, in the cells of the Central Police Station, the 2nd accused told him that on the evening in question he had gone

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