TNAG-0554-FCO40-649-Review-of-death-sentence-in-Hong-Kong-1975 — Page 155

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common enterprise, his co-adventurers could not be held

liable for acts not authorised by the joint enterprise.

There is no doubt whatsoever in my mind that the

2nd accused was the ring leader of the persons who

attacked the deceased. There was evidence that he

referred to the 3rd and 4th accused as his 'subordinates'

both of whom were much younger than himself. The 2nd

accused volunteered the information that the 1st accused

was aware that he, that is the 2nd accused, knew persons who were willing to assault other people.

Having heard the verdicts of the jury I sentenced

the 2nd accused to death. The 3rd accused who was some 16 years and 3 months' old at the time of the murder I ordered to be detained in custody until Her Majesty's pléasure be made known. The 4th accused maintained that he was born in China on the 17th day of November, 1955, but that his parents, when applying for his identity card had given his date of birth as the 17th November, 1953. I accordingly deferred passing sentence on the 4th accused for 14 days pending a medical report on the age of the 4th accused. This report indicated that the 4th accused was 15 to 17 years of age on the 21st February of last year and accordingly I ordered him to be detained until Her Majesty's pleasure be made known.

It was not suggested by the Crown, nor was there. any evidence to suggest, that the 2nd, 3rd and 4th accused or any of them, knew on the evening of the 21st February that the deceased was the father of the 1st accused.

This murder was, on the evidence, premeditated and discussed at various meetings ranging over a period of about two months before this killing. Furthermore, the only direct evidence strongly indicates that the deceased must have been stabbed whilst he was bound hand and foot and gagged. If Your Excellency is disposed to exercise your perogative of mercy I would respectfully recommend that the 2nd accused be imprisoned for 25 years.

In my view the far more difficult question is what penalty the