TNAG-1212-FCO40-1515-Crimes-and-sentences-in-Hong-Kong--including-death-sentences-1982 — Page 123

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

it was a truthful statement, that he was unhappy about weapons being taken. Of course, this statement was given, if it was given, over two months after this terrible business took place.

MR. WONG: (counsel

for the Crown)

COURT:

As far as the intent is concerned, it has to be highly probable that they would use these knives

to

cause grievous bodily harm.

Yes, I think that puts it better.

MR. WONG: To clarify one further point,

my Lord. You also mentioned in your earlier direction on this point of law, you mentioned. that if three persons decided in a plan to rob, and they were to do it with knives, and they were to do whatever they thought necessary, I think, my Lord, when you say, they thought it was necessary, you mean to cause grievous bodily harm or

COURT:

to kill.

Quite so, yes, that was my intention."

10.

THAT the said Court of Appeal in its

judgment expressed its views as follows:

(1)

(2)

"The prosecution case as far as murder was concerned rested almost entirely on confessions which the appellants made to the police ... it is clear that by their verdicts the jury accepted that those statements were in fact true."

"So far as the 3rd appellant is concerned there are two linked grounds of appeal, namely that the learned judge directed the jury that they might find the last two pages of the 3rd appellant's alleged cautioned statement and in particular the matters contained in page 11 of that statement were totally damning if true when in fact there was equivocation in the 3rd appellant's answers on page 11 of the statement as to the extent of the

::་

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