C. O.
25
Mr.
Mr.
Mr.
Mr. Parkinson.
Mr. Tomlinson.
Sir C. Bottomley.
Sir J. Shuckburgh.
Permt. U.S. of S.
Parly. U.S. of S.
Secretary of State.
DRAFT.
of this question to the community
at Hong kong
H.M.G. is advised that
•
this would be a proper case for
special reference to the Judicial
Committee of the Privy Council under
Section 4 of the Judicial Committee
Act, 1833, if His Majesty should think
fit.
As the judgment was one
quashing the conviction, no appeal
would have lain under Section 3. The
decisions in Rex v. Bertrand (L.R.1.
P.C. 520) and Rex V. Murphy (L.R.2.
P.C. 535) have not been overlooked but
these, bemores were cases in which a
new trial had been ordered without
jurisdiction.
In the present case,
inspite of power to order a new trial
under Section 78 of the Hong Kong
Criminal Procedure Ordinance, the Court
quashed the conviction and there
appears to be no case in which the
appeal
Privy Council has entertained an order
against