CO129-541-10 Cheng Kwok Yau- application for special leave to appeal 13-10-1932 - 3-2-1933 — Page 33

No. 466.

Sir,

12

GOVERNMENT HOUSE.

HONG KONG,

13th October, 1932.

41

Com tib 8/x1/32

Burchells

I have the honour to inform you that an

application is about to be made to the Judicial Committee

of the Privy Council, for special leave to appeal, on behalf of one Cheng Kwok Yau who was convicted by a special jury on the 24th August, 1932, of having been

accessory before the fact to the murder of one George

Fung on the 24th March, 1932. The conviction was

affirmed by the Full Court after consideration of certain

points of law reserved.

2.

The prisoner was sentenced to death by the

Chief Justice on the 14th September, 1932; but in view

of the application to the Judicial Committee I have,

after consulting my Executive Council, decided to respite

the sentence for three months from the 14th September

in order that the application may be made.

170 1870/22 доро

3. If special leave be granted, I would request

that solicitors be instructed and counsel retained to

represent the Crown. In any case I shall be obliged if you will let me know by telegraph the result of the

prisoner's application.

4. Unlike the case of Leung Wo, which formed the subject of Sir Reginald Stubb's despatch No. 185 of the

3rd May, 1922, there was no political issue in the present

THE RIGHT HONOURABLE

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

case

etc.

etc.

etc.