TNAG-0554-FCO40-649-Review-of-death-sentence-in-Hong-Kong-1975 — Page 225

BETWEEN:

ANNEXB TO XCR(75)(

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 517 OF 1974

LUI Kam Shing

and

Appellant

THE QUEEN

Respondent

Coram:

Briggs, C.J.,

Huggins & McMullin, JJ.

Date:

9th September, 1974.

JUDGMENT

This is an appeal against conviction for murder. On the 19th December, 1973 the body of the deceased was found outside a certain restaurant in Kowloon. He had been stabbed

once in the chest. A trail of blood led from the scene to a lorry which was parked in a street some 450 yards away. The appellant was discovered inside that lorry and he had a wound on his thigh which had caused the trail of blood. appellant had bloodstains on his hands and feet which were of the same group as that of the victim and on his person was found a paper sheath which also was. stained with blood of the same group. On the route which the appellant must

The

have travelled a knife was found hidden in a fruit stall on which there was also blood of the same group and, more important, some fibres which must have come from some cloth

which was found in the restaurant at the scene.

The appellant gave two accounts of his movements, that evening to the authorities. The first account was given a few days after the event when he was still in hospital. This differs very considerably from the account which he

He also gave when giving evidence in the witness box. informed the police that he had been attacked and had run away in a panic. However, the evidence was clear that he was not seeking his own protection so much as hiding from the consequences of what had occurred.

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