HONG KONG DAILY PRESS, THURSDAY, AUGUST 25, 1932.
CHENG KWOK YAU FOUND "GUILTY":
which Fung was ultimately mur dered. I don't intend to analyse that evidence again. It has been done fully and carefully by learned
DRAMATIC SCENES AT THE CLOSE OF FUNG MURDER TRIAL: Counsel for the defence but 1 de
COURT THRONGED TO CAPACITY.
VERDICT AFTER ABSENCE OF FORTY MINUTES: FULL REPORT OF JUDGE'S SUMMING UP.
FURTHER LEGAL ARGUMENT TO TAKE PLACE: SENTENCE DEFERRED BY CHIEF JUSTICE.
The jury empanelled for the trial of Cheng Kwok Yau, returned a verdict of "Quilty yesterday at the close of the summing up by the Chief Justice, Sir Joseph Kemp. They re- tired for forty minutes and returned to Court with a unanimous decision.
Following the verdiet, Mr. Eldon Potter, leading Counsel for the defence, asked the Chief Justice to reserve the legal points which he bad nientioned in the earlier part of the trial. It was arranged that the points should be brought up by Mr. Potter this morning. Sentence on Chong Kwok You was deferred.
The closing stages of the trial passed with dramatic rapidity. early concluded and the Chief Justice's sureming up was very brief. full below
POLICE STATION TRAGEDY.
DEATH OF RUSSIAN GUARD.
The Anti-Piraoy Guarda Head. quartera at the old No. 7 Police Station was the scene of a suicide
ask you to bear in mind the points which he had made and I would add this further point that before you can find-before you are satis. fied beyond reasonable doubt that this evidence of Zimmern and tragedy yesterday morning when a Christie toils against the accused, young Russian guard, invalided you must I think be prepared to from the Hong Kong Police Force find that different statements alleg. and only discharged from Hospital ed to have been made by the accus
on Tuesday took his life with a ser- vice, rifle, od were in fact made by him.
Mr Potter's address waR
bim.
The latter is reported in
The Court room was thronged to capacity. Prominent among those present were members of the legal profession, who turned up practically en blow to watch the closing stages of what must go down as one of the most remarkable trials in the history of the Colony.
SUMMING UP ON "BROAD AND GENERAL LINES."
You have also heard Counsel for the Crown and the very full and detailed analysis of the evidence by leading Counsel for the defence and though I do not intend to deal again with any of those details I would ask you to bear in mind and weigh carefully all the points that has been put to you by Counsel on both sides, particularly, if I may say so, those put to you on behalf of the defence,
I am not going to analyse that
When two other Russian guards evidence and point out the differ- who were occupying the room awoke encoe, improbabilities and incon.yesterday morning, they found their sistencies again. It is for you to companiom lying on his bed covered say whether in view of these dif.in blood and the rifle lying by his ferences, improbabilities and in- side. consistencies, you can say you are.
The deceased guard, Draitry satisfed beyond reasonable doubt Vovolodovitch Mikhailovsky, was that the accused' made these certain engaged as an Anti-Piracy Russian definite statements attributed to
Guard in May, 1930, and served in the Police Force ha such until August 12 last, wirem he was in- valided. He entered the Govern If you are satisfied on that pointment Civil Hospital seriously ill and if you are also satisfied on the and was discharged on Tuesday. evidence of Tsui that Lau was the man who organised the murder and he did so as agent for somebody else, then you mast ask yourself whether you take the third distinct final step of saying that these two things together bring home the charge against the accused. The
***If you are Satisfield
When the tragedy was discover- terday morning, it was found that ed, shortly before 6 o'clock yes-
the' man, who was only 31 years of age had placed the muzzle of the rife under his chin and had pulled the trigger, the bullet passing right through the head.
The
THE A.D.C.
FORTHCOMING PRODUCTION.
theatre-going public will
In summing up, His Lordship | conviction of "A" and "B" and, difficulties over the ovents on the said:—I have considered carefully not sufficient evidence for the con- right of March 18, and gave eu-position in that case of the assump- how I ought to sum up this case
viction of "B" without the assist-tirely different answers as to the tion that you believe both group and I have decided not to sum up ance of "A." They say to "A" persons present on that evening of evidence would be this: You in the usual detail but to deal with "We will obtain for you a caadi-He eventually settled down on the have evidence that Lau, the ac the case on broad and general lines. tional pardon if you will repeat on story that the persons present were cused own chaufour wis the man I have come to that decision be- oath at the trial what you have himself, Wong and Ah To Nut. who organised the crime had some cause I realise you have followed told us about "B," and what wo In the course of his answers he principal behind him. On the same the case with close attention, and, believe to be true." The condition had said that Lau was present on assumption it is proved on the other I believe, with unusual and com- of the pardon is not the conviction that evening and of course the de' side by what Zimmern and Chris- petent judgment.
of B but simply that he gives fence points out that is an attempt tie said that the accused was, about at the trial full and truc evidence on his part to drag in Lau. As I the same time, filled with murder- doubtless be interested to learà for the prosecution. The prosecu say, his final answer was that Lauous hate against the decessed and that the Hong Kong Amateur tion in affect says: "We don't give was not present at all in the street was actually trying to get the man Dramatic Club has a play in active you an absolute pardon because we that night. There is apparently murdered by some other means. On preparation for production in don't trust you; you might go back very grave inconsistency and un- that you could reasonably find that November, and local thespians may on us and refuse to tell the truth."truthfulness in his answers. In the nocused was guilty of the orime be assured of a continuation of the Mr. Potter had put the matter to spite of that I think we may reason charged against him. That is on hearty support always accorded to you, I have not the loant doubt in ably find that the evidence does the assumption that you believe their performances. all sincerity, as his considered view establish the fact that the person both lots of evidence.
Owing to the closing of the Then on the matter. I do think you are who procured him and Wong to If you don't bellére Zimmern and tre Royal, the Club is having to to say, not satia-contend with many difficulties, but entitled to form your own opinion, commit the murder was Ah Lau. Christie, that is It is misleading to say that in such Lau's association with the others died beyond reasonable doubt that every effort is being made to pre- The charge in this case is un'un- a caze the witness must throw the was spoken of also by Cheung Kait is true, then in my view, the serve its continuity and it is hoped usual one.
The crime charged is blame on someone else to earn the Mo. Lau himself did not come verdict must be Not Guilty" be- shortly to make an announcement that of "accessory to the fact be- pardon, and to fight in the witness-forward here to deny his partici. fore a murder." To establish that box for his pardon. The way to pation in the crime and I think wo charge, the Crown has to prove cam it is to tell the truth and might reasonably find that Tsui's four things:-
there is no need to try and im- evidenca does establish the fact that 1. That the murder was complicate another man. He may have Lau was the man who. procured mitted. That they have done. to fight in the witness-box, but the Tsui and Wong to do the murder
fight is to tell the truth.
and must have done so on behalf of someone else, because he paid out $2,000 in payment of the crime.
regarding the name of the play selected and the theatre at which it will be produced.
causo as I pointed out to you the Taui evidence though it leads to the accused's own door, stops short at the accused himself. On the other We feel sure that such an hand if you come to the conclusion nouncement will be received with that on the Trui evidence you are general satisfaction, as even the not satisfied beyond reasonable temporary passing of such an old doubt, the case must be at an end.established institution could only Coining back to the three points be viewed with the greatest regret. "Leading to Accused's Door."I put to you at the beginning. Are The existing records of the A.D.C. you satisfied beyond reasonable shew only six blank seasons in the
-That the murder was commit ted by Wong Nam Sheung and Tsui
"A Danger." Yung Sang-Whatever opinion you may form of Tsui's evidence, I will
"Zimmern and Christie and Taui come to that later, I think you will Yung Sang are person, I think, not probably be satisfied that the fatal without some intelligence. Though shot was fired by Wong and that you are entitled to a different view, Taui wao prosent at the time aiding | I find it difficult to believe that they and abetting and therefore guilty of misunderstood the position with re- murder.
gard to the conditional pardon.
in view of the difference of the ovi ing question and answers trans- Having said that, I should also like
donce that the accused made the pired: definite statements attributed to to say that: that the procedure has
him by Zimmern and Christie. If answer is Yes to both a danger. I don't think it ensures
your true evidence I think there is this
questions I think you might re sonably and prisoner guilty. But I danger: it might tend to make of evidence leading back from the think equally reasonable you might witness a little complacent and time of the murder to the accused's say, oven then we are not satis- little anxious to help the prosecu- owa door... to the chauffeur of fied." If the answer to either of the two questions is "No," I tion. That I think is a danger in the accused. That I think would think to my view, the verdict must the procedure. Take Taui. Now, itself clearly be insufficient to bring be. Not guilty."
Taui is a man who is prepared home the charge to the accused to tell any lie to earn his pardon There is a distinct gap between and if thinks he must get the ac. Tsui and the accused.
I think at the same time you doubt on the Taui evidence that past 6 years; and these at wido might quite reasonably say you are Lau was the agent of the crime, as intervals, not satisfied on Tsui's evidence that agent for someone else? Are you Lau was the man who procured the satisfied beyond reasonable doubt, actual murder. Then the case is at nu end. Similarly on the other hand, if you believe the evidence that Lau was the man who procur- ed the murder you will find a trail
3-Thut the two men who com mitted the murder were procured by Lau as agent for somebody else, -There must be some question on this point, I will deal with it later.
Kermal of the Trial,
The fourth point that the Crown has to prova is that the accused is the man who employed Lau to commit this murder. That, of course, is the kernal of this trial.
There is one thing which has to
Left to the Jury.
If I have expressed my view on any point indefinitely, I hope you
will remember that you are entitled to disregard that view altogether. In fact you are bound to have your own views and they need no co. incide with mine
"Clerk: Have you agreed upon your verdict 1
Foreman of the Jury: We have. Clerk: Are you unanimous? Foreman of the Jury: We are, Clark: How say you? Is the prisoner guilty or not guilty?
Foreman: Ghilty!
The voice of the foremen was slightly above a whisper, yet when the word Guilty? was pro.
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AUTUMN
1932
nanced it must have been heard "LEATHER-CRAFT' throughout the Court-no still wan The great audience when the ques tions and answers were in progress.
I leave the case now in your own Cheng seemed dazed by the verdict hands. The responsibility is in your own beads and I am sure you and looked at the foreman for quite
cused convicted in order to earn We have here one admitted fact be said in every criminal trial. You that pardon, it would be quite easy and one high probability. The ad have heard it from Mr. Potter and for him to invent some story immitted fact is that the accused had you have heard it from the Crown, plivating the accused. In fact his lost Lai Ming Fai whom he had That is the question of suspicion evidence does not implicate the ac- been supporting for years. Owing and grave suspicion. Before you cursed at all. Though you may to the events of February 21 and can find a verdict of “Guilty" you gather I am not an enthusiastic ad- 22, she had gone to live with will discharge it with the greatest a while. Then Mr. Potter's voice must bo, satisfied that the guilt is mirer of this procedure, it is not George brought home to the accused be yond any reasonable doubt. Of course that does not mean a fantas tio er fanciful doubt, but such a doubt as would make you pause in
some serious affair in your own lives on which you cannot take
chance. You cannot take a chance with the prisoner. You must be cer tain
Conditional Pardon.
so objectionable as has been made. The png. That is the fact, care and fullest confidence... No broke the silence, My Lord," he
out
**Three Points.” :
Coming to the case, I will deal with it on broad and general linea
is that anybody in the accused's position on that hap pening must feel resentment against the man who had taken the girl away. But resentment and anger is a very different thing from mur
I think there are three points on which you will or may have to make derous hate and it is still far to up your minds. The first is do you moved from active steps with a view bellovo Taui's evidence! The second | to murder.
Su Not Enough.
is, do you believe Zimmern and Christie's evidence f. The third — is, if you believa I think I ought to say a few both, and this is a distinct In my opinion even adding that words on the question of the con- additional stop, are they, both to fact and that probability to Tsui ditional pardon. The procedure. gether, enough to satisfy you be there is still not coough to find the provided by the law and, one which youd reasonable doubt that the ac accused "gulity- was therefore open to the Attorneycused is guilty of the charge made General, we know. The achome of against him.de
I pass over to the Zimmern and Christie evidence. That of course the conditional pardon procedure As to Tsui's evidence, there is no is intended to prove two things. is as follows A is arrested on Joubt that Tsui either made his One, existence of murderous hate suspicion of robbery. He makes a evidence agree with Ah To Nui, or in the mind of the accused and so statement implicating himself and else, as I should be rather inclined condly that he took notive steps B.The Crown feel that they to think, shielded his friend, Ah towards the murder of Fung have not sufficient material for the To Nui. He did get into great through other channels than that by
Mr Potter: To-morrow morning. Do you mean to have them put before you in Chambers. PAPA
The Chief Justice: "No, in court.
Baaid, Will your Lordship reserve doubt you wish to retire,,
The jury retired at 10.50 am, and the points I have mentioned."? returned into court at 13,20 am. The Chief Justice: Yeo. I During their absence there was should like to have the points de much shattering in Court which dinitely stated in writing. I pro- pose to adjoin for that purpose, was crowded to capacity with men
What time do you think is suffici. and women.
There was a general, huah when ent to formulate the points 7.N the jury filed back to their seate. None of them looked round the crowded court room or gave any sign by their expression as to what they had decided. Cheng in the dock studied the foreman, There Sentence Deferred was an awed silence when the Chief Addressing the accused, through Justice entered the Court. The the interpreter, Sir Joseph Komp thin voice of the clerk, of the Court saids Cheng Kwok You, the then called "Cheng Kwok Yau jury have unanimously found you The latter stood erect and adjust guilty. 1-propose to reserve certain ed his tie Ho was told by the points of law for consideration, by terpreter to romain standing No the Full Court In the meantime I traces of inotion of any kind was shall postpone sentence "A shown on his face, Then the clark To the jury, he said You, called the foreman of the jury. gentlemen, will not be required to Cheng concentrated his attention on attend And I shall exempt you the foreman;, the while the follow from further jury service-for-a
(Continued en next caluran.)--- period of 10 years..
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