ANNEX C TO XCR(75)131
NOTE BY THE ATTORNEY GENERAL.
CHARGE AND CONVICTION.
LI Tung-yau (who was about 19 years of age at the time of the offence) and TSUI Kwok-kin (who was 20 years
of age at that time) were convicted on 24th July, 1974 of the murder of KWOK Chun-kwan on 13th November, 1973. Their appeals to the Full Court were dismissed on 17th December, 1974.
2.
FACTS.
The killing arose out of a dispute between Tsui and the deceased. There was a meeting between Tsui and a group of his supporters and the deceased and his supporters at a tea-house in Yuen Long. The object of the meeting was to settle the dispute. Tsui and his supporters were armed. The others were not. After an abortive discussion in the tea-house, Tsui and his supporters (including Li) attacked the deceased's group and a fight began. The deceased was stabbed 3 times during the fight, but there was no evidence as to who struck any of the blows.
3.
Tsui admitted in a statement to the Police that
he had struggled with the deceased. Li admitted that he
had been in the fight and had struck another person.
4.
DEFENCE.
TSUI's defence was that he was defending himself from an attack. He did not admit to stabbing the deceased. Li did not give evidence (except on the voire dire).
PRINCIPAL FACTORS.
5. (a) Tsui was 20 at the time of the offence and Li was
about 19.
(b)
There was no evidence as to who struck the fatal
blow, which consisted of a stab wound which penetrated the deceased's lung.
(c) Tsui appears to have been the leader of the group
of attackers which is consistent with the fact that he had the dispute with the deceased.
(a) The attack was premeditated.
RECOMMENDATION.
6.
If the Governor decides to commute the death sentences,
that I recommend/sentences of 20 years' imprisonment be substituted in each case.
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