TNAG-0555-FCO40-650-Review-of-death-sentence-in-Hong-Kong-1975 — Page 147

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triangular file, and a member of the deceased's party was chopped

in the face. There was no evidence" at the trial as to who inflicted

the injuries. One of the stab wounds suffered by the deceased

penetrated his lung. The cause of his death was bleeding due to

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stab wound into the left lung.

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The Crown's case against the two prisoners relied

substantially on confession statements made to the police, which

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the jury by their verdicts must be assumed to have accepted.

Li Tung-yau said in his statements that he was armed

with a water pipe "with sharp ends" about 18" in length and during

the fight he struck a member of the opposing party on the shoulder

and/or the head with the water pipe.

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Tsui Kwok-kin said in his statements that he was first

set upon by the deceased and another man. A fight then ensued.

He went on to say "Because the discussion for settlement was

not agreeable, both parties fought. At that time the deceased

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used (a). stool to slap me. I used hand(s) to ward off. But the

people from behind rushed up, chased the deceased and the other

persons, to strike. Then I caught up with the deceased and

struggled with him. He snatched (from) the other person a

water pipe (and) swung (it) at me. I pounced forward (and)

knocked it down. He was stabbed by 4 or 5 persons of our

party (until he) fell to the ground.

In my summing-up to the jury, I explained the meanings

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of murder and manslaughter. I also explained to them the doctrine

of common intent. The jury reached their verdicts after a

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deliberation lasting some six hours.