TNAG-1212-FCO40-1515-Crimes-and-sentences-in-Hong-Kong--including-death-sentences-1982 — Page 192

Tong out of his room, without meaning to injure him, that chasing

him with such a weapon was unlawful and dangerous and that the

infliction of the wound was accidental.

them.

The jury rejected this version of events and I agree with

Recommendation

The jury deliberated for over 8 hours. My guess is that they may have had some doubt as to whether the conduct of the deceased might amount in law to provocation. They decided that it did not; and I see

nothing unreasonable in their finding.

However, the conduct of Tong constituted a degree of provocation such as might have made a normal man lose his temper, although not to such an extent as could possibly justify the use of a knife.

Tong's medical history, which showed him to be bad tempered and aggressive, lends support to the view that the incident arose as a

result of his nagging at the defendant.

This was not a premeditated attack. It was done in the heat of the moment, with no other motive than extreme anger in irritating

circumstances.

I respectfully suggest that this is a case in which commutation would be the proper course and that the level of sentence appropriate to a very serious case of manslaughter would be appropriate

within the range of 12-15 years.

this might be

I have the honour to be,

Sir

Your Excellency's

opedient servant,

Denys Reburts

(Denys Roberts) Chief Justice