138
In the matter of an Application by Ng Loi Yuen alias
Ng Yik Lam alias Ng Yik San for leave to appeal to the
Judicial Committee of the Privy Council from a judgment of
the Full Court of Hong Kong dated the seventeenth day of
October 1934.
1.
2.
INSTRUCTIONS
(1) The applicant was charged on the ninth day of July
1934 before the first Police Magistrate, Hong Kong, with the
murder of one wichael Pine, a European male child aged eight
years. The result of such preliminary proceedings was that
on the ninth day of August 1934 the applicant was committed
to take his trial at the Criminal Sessions of the Supreme
Court of Hong Kong to be held in or for the month of August.
A copy of the depositions is sent herewith.
(2) By section 5 of the Criminal Procedure Ordinance 1899 (Ordinance No.9 of 1899), the ordinary session for the Supreine Court in its criminal jurisdiction is to be on the eighteenth
day of every month, or if that day is a dies non, then the
next lawful day, with power to the Chief Justice to change the
day. By notification No.612 of 1934, published in the Hong
Kong Government Gazette of the tenth day of August 1934, the
Sessions for August 1934 were ordered to be commenced on
August 20th.
(3) On the opening day of the August Sessions (20.8.34),
the applicant was arraigned on an indictment dated the
sixteenth day of August 1934, of which a copy is sent
herewith. Section 2 of Ordinance 2 of 1865 referred to in
the Indictment is as follows
2. Every person who is convicted of murder
shall suffer death as a felon.
He pleaded not guilty, and the common jury disagreed and were