Page:HKSAR v. Xu Shengqi (CACC 463-2010).djvu/7

Rh had done to Madam Tong and were screaming, and so he similarly tied them up but did not expect them to die as a result. The applicant maintained that the deaths of Madam Tong and the two daughters were therefore accidental.

18. So far as the bank cards and other property he took from the Tams is concerned, the applicant said that the idea of taking this did not occur to him until after the killings.

The issues at trial

19. It was not disputed that the applicant had killed the four deceased. In respect of Mr Tam, the issues for the jury were whether the applicant had the requisite intention for murder, whether he was acting in self-defence, and whether he acted under provocation. In respect of Madam Tong, the issue was whether the applicant had the requisite intention for murder and whether he had acted under provocation. The only issue in respect of the daughters was whether the applicant had the requisite intention for murder.

The grounds of appeal

20. The grounds of appeal against conviction in the applicant’s notice of application were prepared by the applicant himself and consist of ten numbered points. Mr Alex Lee, Senior Assistant Director of Public Prosecutions, who appeared for the respondent before us, submitted that the ten points can be summarised as raising the following grounds of appeal.

21. First, that the applicant had no intention to harm any of the deceased and, in particular, he harmed Madam Tong and the two daughters unintentionally and accidentally.