TNAG-1212-FCO40-1515-Crimes-and-sentences-in-Hong-Kong--including-death-sentences-1982 — Page 130

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judge, the Court of Appeal was incorrect in saying

that there are no grounds for saying that the verdict

in respect of this Appellant to be set aside in that

it was neither unsafe nor unsatisfactory.

The fact

remains that the Appellant was convicted of murder

solely on equivocable confession, on which it is unsatisfactory

to presume his intention was to use knives if necessary

to inflict grievous bodily harm. Certainly, in your

Petitioner's respectful submission, the so-called confession

does not go so far as to impliedly accept the risk of death

by the stabbing of the deceased 8 times with these knives.

16.

THAT in Your Petitioner's respectful

submission, there was a clear injustice done to the

Appellant, because a conviction of murder on this so-

called confession would indeed be unsafe and unsatisfactory.

Your Petitioner would ask Your Lordships to see and compare

R. V. O'Brien and Noonan

[1975] 61 C.A.R. 177 where

a plea of guilty to manslaughter was accepted by the

learned trial judge under circumstances which, in Your

Petitioner's respectful submission, were very much nearer

murder than anything that he has said or outlined in his

cautioned statement.

17.

THAT Your Petitioner would crave leave

to refer to Rule 5 of the Privy Council Rules 'A Petition

for Special Leave to Appeal may be lodged at any time

but the Petitioner shall in every case lodge his Petition

It

with the least possible delay. In this case the original

delay from 15th July to on or about the 4th November 1980

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