TNAG-1212-FCO40-1515-Crimes-and-sentences-in-Hong-Kong--including-death-sentences-1982 — Page 171

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have been caused either by pinching, biting or scraping with a sharp instrument,

and the age of the injuries was placed between 1 and 2 weeks.

The accused did not give evidence or the general issue before the jury

and he was convicted of the offence as charged. It appears to me that the jury

by their verdict disbelieved the statements of the accused that at the time he

stabbed the deceased, he was so intoxicated that he did not form the

necessary intention to kill the deceased or that he was provoked into doing so.

It is also significant in this verdict that the inference had been drawn that the

deceased was stabbed while he was tied up and not after death as was stated by the

accused. It seems to me that it would have taken more than a few minutes for the

accused in his condition, if what he says in the statement to be true, to have

found the coil of wire with which to bind the deceased's limbs and to have dore

so in the way it was done.

For these reasons, I agree with the jury's verdict and although the

motive for the killing is not clear, nevertheless it could have sprung out

of the request which the deceased had made to the accused that the latter move

out of the hut to make way for somebody else.

I see no mitigating factor in his favour and should Your Excellency

take a merciful view I would suggest a sentence of 20 years' imprisonment,

I have the honour to be

Your Excellency's most obedient servant

hrtmiths

(A. Garcia )

Judge of the High Court