3
In the meantime, the deceased was acting manager. Evidence was adduced that it appeared that the petitioner was not happy with the deceased because he believed the deceased thought he was not required in the office.
8.
When questioned by police at the scene the petitioner said that two persons had come to rob the premises. He said
that when he came to the office at about 8.40 a.m. the two
robbers were already inside and attacking LEUNG Kit-ying and
so he yelled out. When asked for more details he closed his
eyes and made no reply.
9. When further questioned by police at the hospital he repeated his story and in addition described the clothing and height of the two robbers.
10.
Later, in the evening of the same day, the petitioner was arrested and cautioned for murder. In reply, he wrote "Not me, LEUNG Kit-ying and I are good friends".
DEFENCE
11.
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At the trial the petitioner admitted that he had lied to the police about the robbery and that in fact the deceased died following a fight between himself and the deceased.
He gave
a version which appeared to put up a combination of the defences of self-defence, provocation and accident. He admitted using the hammer and a knife. Although he admitted deliberately hitting the deceased with the hammer he appeared to be claiming that the stab wounds were accidental. At one stage he claimed
to have been "out of control".
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