Judgment of E.H. the Paisne Judes.
IN THE SUPREME COURT OF HONG KONG.
Rex v. Cheng Kwok Yau.
32
(3
♡
Questions of Law Reserved.
JUDGMENT.
The accused was indicted for murder.
The particulars
in the indictment indicated that the charge would be supported
by evidence adduced to show that he was an accessory before
the fact to the murder of George Jung. The murder was
alleged to have been committed upon the 24th March, 1932.
The incidente evidenced for the Crown occurred between the
21st February, 1932, and the date of the alleged murder.
No issue other than the issues raised by the
indiotment, was developed at the trial by the defence either
by amidence or in cross-examination. The accused was
convicted. Sentence has been postponed by the learned
Chief Justive, who was the trial judge, pending the consid-
eration by this court of certain questions of law reserved.
The questions of law have been formulated but the substantial
points may be stated as follows "whether the evidence of two
witnesses for the Crown, Zimmern and Christie to the effect
that the accused incited them to murder Fung, was properly
received; and, further, whether the case as evidenced at
the trial should not have been withdrawn from the jury".
The facts proved for the prosecution are these.
George Fung was killed on the 24th March in Shan Kwong Road,
Hapy Valley. He was shot at close range from behind by
one Wong Ham Sheung. The shooting occurred at 8.30 p.5.
and he died within half an hour. With the deceased at
the time was a young woman named lai king Fal.
Lai Ming Bad had lived under the protect on of
the socused, who intended to marry her, for two years prior
to the 22nd February.
During the second year she had