A STREET sleeper, who was accused of killing a fellow vagabond during a fight, walked out of the High Court a free man yesterday. Chan Kui-kee, 53, succeeded in his application for a discharge of an offence of manslaughter. The application was not opposed because the medical evidence could not show that Chung Kam-chuen, 63, would not have suffered a heart attack if there had been no fight. The Crown had originally intended to seek an order from Mr Justice Bewley to transfer the remaining charge of assault occasioning actual bodily harm to be tried summarily in a magistracy. However, because Mr Chan had been in custody for more than six months, Crown Counsel Graham Goodman, on the suggestion of the judge, decided to offer no evidence against him. Mr Chan, represented by Barry Sceats, had been charged with the manslaughter and the assault of Chung on June 1 in Wan Chai. The incident arose when Chung allegedly accused Mr Chan of blowing cigarette smoke in his face while they were both resting outside Tang Shiu Kin Hospital. They had a quarrel which escalated into a fight during which Chung suffered a heart attack. Chung, who had no history of heart trouble, was taken to hospital where he was initially revived but had a relapse and died six hours later.