TNAG-1212-FCO40-1515-Crimes-and-sentences-in-Hong-Kong--including-death-sentences-1982 — Page 170

that the ligature marks on both wrists and ankles were caused before death,

thereby indicating that the deceased's limbs were tied up with wire prior to his

death. He was also of the opinion that because of the stab wound to the heart,

it would have taken the deceased just a few minutes to die. From these opinions

and the other physical signs inside the hut, the jury could have drawn a

reasonable inference that the deceased was first rendered immobile by being bound

hard and foot with wire and then stabbed to death near the wardrobe.

The accused became the nrime suspect and he was eventually arrested .or

5th February 1980, on a ferry plying between Po Toi Island and So Kwu Wan and after

he was cautioned he made a statement on board the ferry, which was later post-

recorded when he was taken to the So wu Wan Reporting Centre. After the first

statement had been read over and explained to him and he had signed it, he made

another statement repeating and amplifying part of what he had said in the

earlier statement. He was charged with the offence of murder on 8th

February 1980, and he made an answer to the charge admitting that he had stabbed

the deceased but he had no intention of killing him. These two statements and

the answer to the charge were the subject of voir dire proceedings but they were

eventually admitted by me in evidence as having been made voluntarily by the

accused.

•

The two cautioned statements indicate that he had stabbed the deceased

with a triangular file which he had taken out from his person but he had done so

in a state of intoxication and after he had been provoked by the deceased who had

bit his thumb and palm. There had, according to the statements been a quarrel

earlier that evening (25th January) as he had been asked to leave the hut the

following day, Saturday, 25th January 1980, to make way for the deceased's girl

friend who was going to take up residence in the hut. After his arrest he was

examined by the Forensic Pathologist and the latter found evidence of some

injury to his left thumb and the 4th web space of the left palm which could