8.
IN THE SUPREME COURT OF HONG KONG
CRIMINAL JURISDICTION
APPEAL NO. 1 OF 1934.
73
NG LOI YUEN alias NG YIK LAM alias
NG YIK SAN
THE
AND
CROWN.
This is an appeal by Ng Loi Yuen alias Ng Yik
Lam alias Ng Yik Sam or San, now a prisoner in His
Majesty's Prison at Victoria in this Colony, who has
been convicted of the murder of Michael Pine and
sentenced to death.
The Appellant has appealed against his conviction
on four points of Law, viz.
(I)
That the learned Trial Judge His Honour
the Chief Justice wrongfully refused to withdraw the
case from the Jury at the close of the case for the
Crown on submission being made to him that there was no
evidence to be left to them.
(II) That the learned Trial Judge should on
Mary Pine
the Crown's failure to produce the witness
have discharged the Jury and ordered a new trial.
(III) That the verdict was against the weight
of the evidence.
(IV) That in the absence of the Crown's witness
Mary Pine the evidence of rs. Fairburn was wrongfully
admitted and put to the Jury.
The Appellant has also applied for and obtained
leave to appeal against his conviction on the following
questions of fact:-
I That there was a miscarriage of justice in
that the statement as to Mary Pine's evidence in the
Crown's opening seriously prejudiced the defence.