NOTE BY THE ATTORNEY GENERAL
C
CHARGE AND CONVICTION
The defendant, a 39 year old Chinese male, was indicted for the murder of TONG King-wood (age 19 years) which occurred on 20th July 1980 at the residence in To Kwa Wan where both the defendant and deceased resided. The defendant was convicted of murder on 20th February 1981 after the jury had retired for approximately 3 hours. LI's appeal was dismissed on the 9th July. 1981. At his trial, LI was represented by Mr. Henry Litton, Q.C., and Mr. Mohan Bharwaney. appeal, only Mr. Bharwaney appeared on his behalf.
2.
On his
In November 1981 the Director of Legal Aid was requested to assist in the preparation of a petition which was received on 23rd November 1931.
BACKGROUND AND FACTS
3.
The defendant and the deceased were co-tenants of premises occupying approximately 500 sq. ft. and divided into four cubicles and two cocklofts. The deceased resided in the cockloft whereas the defendant LI occupied a small cubicle, which was partitioned from the other cubicles in the flat only by wooden panels which did not reach the roof. The Defendant LI had been residing in these premises for approximately two years and the deceased for about three months prior to his death. The deceased's grandmother also resided in the premises.
4.
At about 8.40 p.m. on 20th July 1980, the deceased and his grandmother returned to the flat. They immediately heard the television set in the defendant LI's cubicle which was described as being very loud.
5.
The deceased walked to LI's cubicle and stood in the doorway. He asked the defendant to turn down the television. LI told the deceased that if he thought the sound was too loud he could report it to the police. The deceased said there was no need to do so as it was only a minor matter and again requested the defendant to turn down the sound. The defendant refused and ignored the deceased. The deceased repeated his request and the defendant told him to get out of his room. The deceased remained standing in the doorway with one foot inside and· one foot outside the cubicle. The deceased said he would only leave if the defendant turned down the volume. The deceased's
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