CO129-541-1 Piracy- case of Rex v. Chung Tam Kwong 29-7-1932 - 3-2-1933 — Page 26

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