CO129-541-10 Cheng Kwok Yau- application for special leave to appeal 13-10-1932 - 3-2-1933 — Page 11

No. CONFIDENTIAL.

21

11

GOVERNMENT HOUSE,

HONG KONG, 3rd February, 1933.

Sir,

(1)

With reference to my despatch No.466 of

the 13th October, 1932, on the subject of the trial

and conviction of Cheng Kwok Yau on a charge of

having been accessory before the fact to the murder (5) of George Fung and to your telegram No. 167 of 14th

December, 1932, I have the honour to inform you

that the case came before the Executive Council on

the 12th January when I was advised by a majority of

seven to two that the clemency of the Crown be not

exercised. I accepted the advice of the majority

and the execution was fixed for the 24th January.

During the succeeding week many petitions for mercy

were received one being from the foreman and one

member of the jury both of whom are Europeans of

standing in the Colony and one from the one Chinese

member of the jury.

2.

The case caused me much anxiety and I

decided to lay the matter again before the Executive

Council on the 19th January when after a full

discussion the Council again advised against the

exercise of clemency but by a majority of only five

to four.

THE RIGHT HONOURABLE

SIR P. CUNLIFFE-LISTER, G.B.E., M.C., M.P.,

3.

&c.,

&c.,

&c.