CO129-541-11 Cheng Kwok Yau- trial judge's notes 1-1-1932 - 31-12-1932 — Page 203

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Transcript of Shorthand note of the suming-up by the Chief Justice (His Honour Sir Joseph Kemp, Kt., C.B.E.) Wednesday, 24th August, 1932

in the Criminal Sessions, Hong Kong in the case of i

REX

CHENG KWOK YAU.

203

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The Chief Justice said:

Gentlemen of the Jury, I have considered care-

fully how I ought to sum up in this case and I have

not to sum up in the

decided I hope rightly usual detailed and somewhat lengthy way, but to deal

with the case on broad general lines.

I have come

to that decision because I realise you have followed

the case with very close attention, and I believe,

You have also with unusually competent judgment.

heard both counsel for the Crown and a very full and

detailed analysis of the evidence by leading Counsel

for the defence, and though I do not intend to deal again with any of those details I would ask you to bear in mind and weigh carefully all the points that have been put to you by counsel on both sides; particu-

larly

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if I may say so

those put to you on behalf

of the defence.

Now the charge in this case is an unusual one.

The crime charged is that of being an accessory to the fact before the murder. To establish that charge the

Crown have to prove four things: First, that a murder

was committed: that they have done; second, that the

murder was committed by Wong Yam Sheung and Chui Yung

Sham. What ever opinion you may form of Chui Yung Sham's evidence (I will come to that later) I think

you will probably be satisfied that the fatal shot was fired by Wong Ham Sheung and that Chui Yung Sham was

present at the time, aiding and abetting, and therefore

also guilty of the murder.