Ip Mou-yuen v. The Queen

CACC000239A/1982

BETWEEN

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Coram: McMullin, V.-P., Li & Silke, JJ.A.

Date: 22 June 1982

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JUDGMENT

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McMullin, V.-P.:

1. The appellant was convicted of murder on the 9th of March this year. He lad come to Hong Kong in 1978 and had been introduced by a relative to a dwelling place in an unnumbered but sired at Mile-stone 9 1/2 on the Castle Peak Road in a site known as the Tin Lan Heung Villa site.

2. The deceased, YUE Choy-pue, is an elderly man who lived in the other room of that hut. He had agreed to the appellant joining him there.

3. The deceased, Yue, was found dead in that but on the 10th of June 1981 when a party of persons including his son and his wife managed to effect an entry to the hut. On examination, he was found to have numerous bruises and abrasions on his head and body. The cause of death was asphyxiation resulting from a tight nylon ligature which had been wound around his neck and firmly knotted in position.

4. The appellant was not seen for about one month after that date. He was eventually arrested on the 5th of July, apparently in connection with a pickpocketing offence, and taken to Tsuen Wan Police Station where on the following days, the 6th, and on the 7th, he was interrogated. It would appear he was already by then a prime suspect in the case. The police were aware by then that he had been living in the but prior to the 7th of June which was determined by medical evidence as the approximate date of death.

5. In the course of the interrogation, the accused made several confessional statements fully admitting to having killed the deceased in the course of quarrel over clothing which he believed the deceased to have stolen from him.

6. When he was arrested, he was searched and in his possession the police found a watch belonging to the deceased.

7. The confessional statement was introduced in evidence after the usual trial of the issue as to its voluntary character. The appellant alleged that he had been threatened and beaten by police officers, and in particular by Sergeant Lam who took the statement, on the evening of the 5th and on the 6th prior to his making the first of the admissions which appear in the long record made by Sergeant Lam of the interrogation of the appellant. That issue having been tried, the statement was admitted in evidence. It is needless to refer to the statement in detail but at several points in it he clearly admitted to having killed the deceased.

8. He also took the police to the site and pointed out the hut and, according to the sergeant who was then with him, he blurted out a further confession saying that that was where he had killed the elderly man.

9. Mr. Payne who appears this morning on behalf of the appellant has told the court that on a full consideration of the record of the evidence and of the summing-up, he has been unable to find any good ground upon which to base an appeal. That position has been explained to the appellant who himself wishes to add nothing further.

10. We are satisfied that counsel has taken with respect, entirely the right course in this matter. The members of this court also have perused the record and the summing-up to the jury and given a full consideration to the evidence and the directions to the jury. We are satisfied that the verdict brought in by the jury cannot be upset upon any legitimate ground.

11. For these reasons the appeal will be dismissed.

Representation:

Mr. Ian Payne (D.L.A.) assigned for Appellant.

Mr. John McNamara, for Respondent/Crown.