Privy Council Appeal No. 26 of 1938
Chung Chi Cheung -
The King
ย.
FROM
THE FULL COURT OF HONG KONG
22
Appellant
Respondent
JUDGMENT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, DELIVERED THE 2ND DECEMBER, 1938.
Present at the Hearing:
LORD ATKIN.
LORD MACMILLAN.
LORD PORTER.
SIR LANCELOT SANDERSON.
SIR GEORGE RANKIN.
[Delivered by LORD ATKIN.]
[75]
"
This is an appeal from the Full Court of Hong Kong dismissing an appeal by the appellant from his conviction and sentence at a trial in the Supreme Court of Hong Kong before the Chief Justice, MacGregor C.J., and a jury. The appellant was convicted of the murder of Douglas Lorne Campbell and was sentenced to death. The murder was committed on board the Chinese Maritime Customs cruiser Cheung Keng" while that vessel was in Hong Kong terri- torial waters. Both the murdered man and the appellant were in the service of the Chinese Government as members of the officers and crew of the cruiser. The former was captain: the appellant was cabin boy. Both were British nationals. At the trial the point was taken that as the murder took place on an armed public vessel of the foreign Govern- ment, the British Court had no jurisdiction in the matter. The contention was overruled by the Chief Justice at the trial, and on appeal his decision was upheld by the Full Court over which he presided.
In order to elucidate the legal position it will be necessary to make a short statement of the material facts. On 11th January, 1937, the accused shot and killed the captain. He then went up the ladder to the bridge and shot at and wounded the acting chief officer, and then went below and shot and wounded himself. The acting chief officer as soon as he was wounded directed the boatswain to proceed to Hong Kong at full speed and hail the police launch. He wanted, he said, help to arrest the accused from the Hong Kong police. Within a couple of hours the launch of the