CO129-541-11 Cheng Kwok Yau- trial judge's notes 1-1-1932 - 31-12-1932 — Page 204

2.0 befor

The third point which the Crown have to prov

on this indictment is that the two men who committed

the murder were procured by Lau Shui Kei as agent for

somebody else. There may be some question on that

point: I shall deal with it later.

The fourth point which the Crown have to prove

is that the accused was the man who employed Lau to

That, of course, is the kernel

organise this murder.

of the whole trial.

Now there is one thing which has to be said

in every Criminal case. You have heard it from Mr.

Potter, and you have heard it also from the Counsel

who opened for the Crown, and that is that suspicion,

even grave suspicion, is not enough. Before you can

find a verdict of "guilty" you must be satisfied that

the guilt is brought home to the accused, beyond all

reasonable doubt. That, of course, does not mean

fantastic, fanciful doubt, but such doubt as would make

you pause in some serious affair of your own life in

which you were not prepared to take a chance.

cannot, of course, take a chance against the prisoner;

you must be certain.

You

Now, I think I ought to say, before coming to

the case itself, - I feel it my duty to say something

on the question of the conditional parfon, a procedure

provided by the law and one which is therefore open to

the Attorney General to invoke.

The scheme of the

conditional pardon, the procedure, is as follows:-

"A" is arrested on suspicion of, let us say, robbery; he makes a statement implacating himself and

"B".

The Crown feeling they have not sufficient

material for the conviction of "A" and "B", and not

sufficient material for the conviction of "B" without

the assistance of "A", say to "A", "we will obtain for