5
:
The 1st defendant made two statements to the police which
were admitted in the evidence. In both statements he admitted
being present when the deceased was knived, but denied doing any of the kniving himself. In the 1st statement he put the killing
at the Washington Guest House, whereas in the 2nd statement he
put the killing at the hillside. The 1st statement was taken from
the 1st defendant on the 5th November 1979 and the 2nd statement
was taken on the 8th November 1979. On the 7th November 1979 the
1st defendant had led the police to the spot where a scout knife
was recovered on the hillside below the Castle Peak Road in dense
undergrowth.
It was the 1st defendant's explanation or evidence that
he was able to tell the police the approximate area where the knife
had been thrown, because he had heard that from the 2nd defendant.
The 1st defendant was not an impressive witness in the witness box and was clearly lying and in my view the jury was quite right to reject his explanation as to his involvement, and to reject
his alibi. It was unbelievable that anybody who was so closely
involved in this serious dispute as this defendant had been would
have taken time off to help his girlfriend and her cousin do some
shopping.
1
1
I
So far as the 2nd defendant CHENG Hok-ling was concerned,
he only came into the picture on the evening of the 17th October.
He was one of the 4 men who were left guarding
and keeping
a prisoner at the Ngau Tau Kok flat. The 2nd defendant was
also at the flat when the deceased was brought to the flat on the
19th October for the confrontation with
and he was also
there during the violent events which occurred there when both
and the deceased were beaten up.
the 2nd defendant was seen by
It was
Is evidence that
in the Ngau Tau Kok flat at
a time when he was tucking the ox-bone knife into the waistband of
On his own admission he left the Ngau Tau Kok flat
his trousers.
in the company of the deceased and two other men. He admitted
eventually taking the deceased to the hillside, and although he
admitted that a fight took place on the hillside, he denied that he
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