CO129-541-10 Cheng Kwok Yau- application for special leave to appeal 13-10-1932 - 3-2-1933 — Page 23

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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23. That afterwards Zimmern, Christie and your Petitioner went to a pharmacy and that Christie bought some potassium cyanide a needle and glass tube that then your Petitioner and Zimmern went to see a lawyer Mr. Man Wai Lo and Christie and Zimmern to see two other Lawyers to ascertain whether in the case of homicide a minor could be charged with murder that they accordingly interviewed the lawyers and that your Petitioner paid the fees. Parenthetically your Petitioner humbly points out that it was stated that your Petitioner interviewed only one lawyer and that that interview was in the presence of Zimmern. The lawyer was the aforesaid Man Wai Lo who gave evidence at the trial but failed 10 to identify your Petitioner; he produced his counterfoil receipt book which showed that the name of the payer was Cheng Shin Wu and not Cheng Kwok-yau that no other receipts or counterfoils were produced or other evidence of payment by your Petitioner than that of Zimmern and Christie's statements.

24. That Zimmern said that his and Christie's intention was that the poisoning should be done in a Cinema that Fung would drop down "dead" on the syringe being inserted and that he would be carried out that Christie and Zimmern would get $2,000 each and Fung $1,000 assuming Fung to have come into the conspiracy to swindle. That your 20 Petitioner said he would pay $2,000 down and the balance of $8,000 into a banking account. That Zimmern and Christie had no intention to kill Fung but only to swindle your Petitioner and that on the 22nd of March 1932 your Petitioner stated that he had experimented with the poison on a fowl and that it had died after two jumps.

25. Christie's evidence except that he did not speak of the discussion about a knife or dagger on the 13th of March 1932 agrees in the main with the evidence of Zimmern as above stated that is to say as to the attempt to beat and slap Fung and the statements of intentions of your Petitioner and the reason therefor, the offer of $10,000 (dollars), and the statement that 30 your Petitioner had two men watching Fung, which statement is re-stated many times in the evidence both of Christie and Zimmern: and, your Petitioner here parenthetically points out that one of the witnesses for the prosecution Souza who had taken part in the attempt to slap Fung's face at the Nathan Hotel spoke in his evidence of a sum of $10,000 (dollars) and that it was referred to by your Petitioner at a restaurant as a sum of $10,000 owing to your Petitioner by a man who had taken away your Petitioner's girl.

26. Christie then proceeded to say, that he had studied chemistry at school, that he proposed the use of poison: that it did not really matter 40 whether the advice which the lawyers gave to him was satisfactory or not because he had no intention to kill Fung that his intention was to swindle

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your Petitioner that your Petitioner told him about the experiment on the chicken that he bought a second hypodermic syringe for your Petitioner and that your Petitioner kept it in his pocket, that he saw your Petitioner on the 25th March 1932 at the Tung Sham Hotel at 5 a.m. that your Petitioner had not been there the previous night and that your Petitioner gave him certain information and a $10 bill, that he next saw your Petitioner on the 28th March 1932 that they went to the Empress Hotel and booked room No. 47 and that your Petitioner signed the register in the name of Yuen and paid the $5 deposit that he had with him Souza and a 10 Chinese friend called Yuen, that your Petitioner sent Yuen away and sent Souza out of the room and said that your Petitioner wanted Christie to go to Canton and look for Zimmern as your Petitioner wanted Zimmern's evidence as to certain dates and times that your Petitioner then wrote on a sheet of paper in English-

6.30 to 8.30 8.30 to 9.30

9.30 to 10 10 to 11

Jimmys kitchen Pauline Academy home

Chui Hang gambling club.

that your Petitioner asked him to memorise the items that he read over 20 the paper once or twice that then your Petitioner tore up the paper that Souza came in unexpectedly while he was memorising and saw the paper that he went to Canton by train on the 29th March 1932 and that your Petitioner gave him $10 (dollars) for his fare and that he arrived back on the 31st March 1932 and was then arrested. Souza in his evidence said that he saw something in the hand of Christie a piece of yellow paper that on the paper were the times and movements of your Petitioner after the murder and it explained the times and movements of the night when George Fung was murdered.

27. That a witness Lau Tim a boy from the Empress Hotel 30 produced and proved the record of the booking and the booking by Christie of room 47 on the 28th March 1932 pointing to Christie in Court and that Christie was with three others two appeared to be Chinese and one not Chinese.

28. That Zimmern's evidence as to the 24th of March 1932 the day of the murder was in substance that he went with your Petitioner and others to the Chinese Civil Service Club at about 4.30 p.m. and remained till about 6.50 p.m. that your Petitioner and one Lau Hing Shu (not the said chauffer of your Petitioner) and Zimmern went to dinner at Jimmy's Kitchen: that after dinner your Petitioner appeared excited and they 40 then went to the Pauline Dancing Academy arriving soon after 8 p.m.: that your Petitioner left the table for the telephone at 8.30 p.m. to 8.40 p.m. that they Lau Hing Shu your Petitioner and Zimmern left the

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