TNAG-1212-FCO40-1515-Crimes-and-sentences-in-Hong-Kong--including-death-sentences-1982 — Page 67

2

respited. His appeal was dismissed by the Court of Appeal and his death sentence subsequently commuted to life imprisonment on the 7th November 1980.

5. The appeals against conviction in respect of the murder count by CHAN, LEUNG and HO were dismissed by the Court of Appeal on 13th March 1980. On the 10th February 1982 the Judicial Committee of the Privy Council refused

and

leave to appeal.

FACTS

6.

The murder and robbery offences arose out of an incident in an illegal gambling casino at first floor, No. 86 Cheung Sha Wan Road, Kowloon which took place early on the morning of the 2nd March 1978. The Crown alleged that the three accused were party to a joint enterprise to commit a robbery and that they committed the offence of murder during the course of that robbery. The basis of the Crown's allegation was that they were prepared to use whatever force was necessary in order to carry out the robbery or to facilitate their escape without identification.

7. The case against CHAN, LEUNG and. HO together with CHUM Sik-Ching and another mar

J (whom it was necessary to call to give evidence for the Crown after he had been granted immunity from prosecution; he had not carried a firearm to the premises and had assisted to achieve the arrest of the other accused) was that they went together to an illegal casino at about 3.30 a.m. on the 2nd March 1978 with the intention of committing robbery. The evidence disclosed that HO went to the casino armed with a 0.38 revolver, LEUNG with a 0.38 revolver,

../..3

&