CO129-541-11 Cheng Kwok Yau- trial judge's notes 1-1-1932 - 31-12-1932 — Page 205

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you a conditional pardon if you will repeat on oath

in the trial what you have told us about *B*, and what

we believe to be true. The condition of the pardon

is not the conviction of "3" but simply that you give

at the trial full and true evidence of the transaction.

We do not offer you an absolute pardon, because we do

not trust you; you might go back on us and refuse to

tell the truth in the witness-box."

Now, Mr. Potter put the matter to you I have

not the least doubt in all sincerity and in accordance

with his considered view of the matter but I do not

think you are entitled to form your own opinion. I

think it is misleading to say that the witness in such

a case must throw the blame on someone else, that he

has got to earn his pardon and is fighting in the

witness-box for his pardon.

He has got to earn his pardon in one sense,

but the way he has to earn it is by telling the truth,

not by getting another man convicted.

He may have,

Zimmern and

in one sense, to fight for his pardon, but the only

fight is a fight to tell the truth.

Christie and Chui Yung Sham are, I think, persons not without some intelligence, though perhaps that intelli- gence may be misapplied at times and, although you are

entitled to a different view, I find it difficult to

believe that they misunderstood the position with regard to the conditional pardon.

Having said that, I would also like to point

out this, that the procedure has a danger, there is

little doubt, I think. I do not think that it ensures

true evidence being given: you cannot count on true

evidence merely because of the conditional pardons that is clear. Also, I think it has this dangeri it may tend to make the witness who has a conditional