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1930 he had been living apart from his wife. In consequence of the inter- vention of Fung quarrels ensued between your Petitioner and Lai and ultimately as the result of such a quarrel your Petitioner and Lai parted and the latter went to live at the Nathan Hotel Hong Kong with Fung. That Lai in her evidence stated that on the 24th of February 1932, at an interview at which some jewellery was returned to your Petitioner, your Petitioner said: "If you want to live with Fung I must spend all my money to prevent you living happily; if you give up Fung I will take you back."
17. Fung was killed on the 24th of March 1932 in Shang Kwong Road Happy Valley, Hong Kong while in the company of Lai. He was 10 shot at close range by one of two hired assassins who were following them and who in turn were being followed in a car and watched by the procurer of the assassins one Chui Yung Sham (hereinafter called "Chui ") a witness for the Prosecution.
18. Chui's evidence was in substance as follows that: On the 25th of February 1932 Lau Hing a chauffeur (hereinafter called "Lau") in your Petitioner's employment as such met Chui another chauffeur who was in the employment of one Golke as such. Lau identified Fung to Chui and afterwards the latter hired Wong Nan Sheung (hereinafter called "Wong") to shoot Fung. In order to achieve the purpose means were 20 afterwards adopted to identify Fung to Wong and then Wong with Chui watched the movements of Fung. For the purpose of the conspiracy in which others took part a vacant room in a shop was hired and furnished and from there preparations were made and the plan completed.
19. On the 19th of March 1932 an abortive attempt was made by Wong to shoot Fung and on that day Chui engaged another man to assist Wong, namely Kwan, and on the 24th of March 1932 Wong and Kwan set out to find Fung and having found him one of them shot him, Chui had followed the two murderers. On the 26th of March 1932 Lau your Petitioner's chauffeur paid $2,000 to Chui who in turn distributed the 30 money amongst a gang of conspirators,
20. Chui's evidence was supported in some respect by Tong Kam Fui otherwise known as A To Nui (hereinafter called “A To ") and others. Chui paid A To $250. A To said it was borrowed to pay debts. He said that Chui and Lau saw him at his address in January 1932 and that he afterwards saw Wong and Lau at the address where the conspirators were. The evidence implicated your Petitioner's chauffeur but did not implicate your Petitioner. The link in the chain was sought in the following evidence.
21. Two Eurasians Zimmern and Christie of disreputable character were arrested on the 31st of March 1932, on suspicion of complicity in the 40
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murder. They had known each other for six years and had lived together for some time at Shanghai and had apparently come to Hong Kong in the latter part of 1931. It appears from the evidence of Zimmern that while the evidence was heard in the preliminary proceedings he was in custody and that he made a second statement, a voluntary one, and that he wrote it in a cell in which he and Christie were together his first statement having been made in the sole presence of a Police officer.
22. That Zimmern's evidence was in substance as follows that on or about the 8th of March 1932, he was engaged by your Petitioner as 10 a bodyguard at a salary of $40 per month; that thereafter on or about the 16th of March 1932 during a discussion about your Petitioner's relations with Lai your Petitioner asked him to get for your Petitioner a knife or dagger; that your Petitioner wanted to go to the Nathan Hotel to look for Fung and that he persuaded your Petitioner not to go and that your Petitioner said that he had two men shadowing Fung; that your Petitioner also said that he had been over to the Nathan Hotel, that through a faked telephone he had got them Fung and Lai out of their room to answer the call and that your Petitioner had said pointing his finger at them "I warn you to beware" and then left the room; that on the 20th of 20 March 1932 your Petitioner informed him that the two men had failed in his instructions and that your Petitioner asked him to arrange to give Fung a beating and arrange a dinner to discuss the proposal; that he Zimmern rang up Christie on the telephone and that the latter arranged the dinner and that your Petitioner there said that he had a friend who was always sponging on women that he owed your Petitioner money and that he had helped him and given him money to get married but that he had taken away your Petitioner's girl and that he wanted Zimmern and others to go to the Nathan Hotel to hold the friend while your Peti- tioner to save his face slapped the face of the friend that afterwards the 30 party went to the Nathan Hotel between 1 and 2 a.m. but that the project failed; that afterwards in a room in the hotel your Petitioner offered Zimmern and Christie $10,000 (dollars) to put Fung away with a gun; that Christie suggested poisoning with potassium cyanide instead but that your Petitioner said that he preferred a gun and that after leaving the Nathan Hotel your Petitioner told Christie that your Petitioner had a chauffeur whose family was under an obligation and that if Christie would kill Fung your Petitioner would have a powerful car waiting and a Chinese long coat so that Christie could escape without recognition and that your Petitioner again referred to the two men shadowing Fung; that they 40 Zimmern Christie and your Petitioner went to the Tung Sham Hotel where Christie explained that the poison could be shown to be effective by your Petitioner trying with a chicken or rabbit but that your Petitioner said he preferred a gun that Christie need not be afraid as he was under age and if arrested could be defended by Mr. Jenkin or he could take legal advice first.
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