ANNEX B TO XCR(82)234
NOTE BY THE ATTORNEY GENERAL
CHARGE AND CONVICTION
The Prisoner,
(52 years of age) was charged
with arson and the murder of Madan LUNG Sau-kwan (56 years of age) on the 15th day of November, 1979. He was convicted of both charges on the 11th September, 1981 and his appeal against
the convictions was dismissed on the 7th April, 1982. The Prisoner
has confirmed that he does not intend to appeal to the Privy Council
or to petition for clemency. Nevertheless under Clause XXXIV of the Royal Instructions the question of commutation of the death
sentence has to be considered by the Governor-in-Council.
THE FACTS
2.
The building concerned in the arson charge was a
residential flat subdivided into cubicles with a communal
cooking area and connecting corridors. The flat was owned by
the Deceased. She retained one of the cubicles for her own
occupation and rented out the rest to 6 male tenants, the
Prisoner being one of them.
3.
}.
At about 1.20 a.m. on the 15th day of November, 1979, the occupants of the flat were awakened by smoke and flames in the corridor. Two of the tenants managed to escape through. the rear staircase and three other tenants jumped safely into,
the street from the front windows which were about 20 odd feet
above the pavement. The Deceased was too afraid to jump from
the window and it was not until she had sustained massive burns
that she threw herself into the street. The defendant was not
seen on the premises at the time.
49% bro
02
The Fire Brigade arrived shortly after and the fire was put out in about 15 minutes. The Deceased was rushed to
hospital but was certified dead before arrival. According to the Forensic Pathologist's report, the Deceased suffered extensive superficial burns with vital reactions over the whole body except the areas on the right front of the chest and abdomen and the front of both legs. Her hair was charred, so were the sides of
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