495
of Lui Chui alias Li Kwai Fan as one of the gang who took part
in the murder, is dropped because Kong Ngau Ying is now the only
witness who speaks to his complicity. For although in the notes
of the Acting Chief Justice the withess Chan Wan appears to refer
to Tsui Fuk, as a matter of fact the witness now denies that he
knows the man and it would appear that he was at the trial
referring to another man of a similar surname.
4.
Now there is no Extradition Treaty with China, and even
if there were it is to be presumed that she would not extradite
her own nationals. Hence in ordinary cases where a Chinese
commits a crime in this Colony and flees to China, he is if
arrested in China brought to trial in the Chinese Courts, the
witnesses being sent from this Colony to give evidence in those
Courts. There are on record many cases in which persons accused
of murder within the jurisdiction of this Colony, have been
in China.
brought to justice and have suffered there the death penalty.
5.
The usual procedure would therefore in the cases now under
review be to call upon the Chinese Authorities to arrest and brin
to trial Tung Cheung, Yeung Tsing Kal and Ng Lo Sam.
It