CO129-541-11 Cheng Kwok Yau- trial judge's notes 1-1-1932 - 31-12-1932 — Page 207

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in the course of his evidence, state that Lau was present

on that evening, and, of course, the defence point to

that as an attempt on his part to drag in Lau. As I

say, his final answer here was that Lau was not present

in the street at all that night. There was undoubtedly

very great inconsistency and wavering, and probably un-

truthfulness, in his answers in regard to that evening,

but in spite of that, I think you may reasonably find

it is for you to say that his evidence does reasonably

establish the fact that the person who procured him and

Wong to commit the murder was Lau.

•

Lau's association with the others is spoken to

also by Cheung Ka Mau. Lau himself has not come forward

here to deny his partici,ation in the crime and I think

you might reasonably find that Chai's evidence does

reasonably establish that he was the man who procured

Wong and Chui to commit the murder, and that he must

have been doing so on behalf of someone else because he

was able to pay out $2,000 for the crime.

I think also you might reasonably say you are

not satisfied on that points that you are not satisfied

on the Chui evidence that Lau was the man who procured

the murderers. Then, I think, the case is at an end,

because the charge is that the accused, through Lau

procured the actual murder.

Assuming, on the other hand, you believe that

evidence, that Lau was the man who procured the murderers,

you have a trail of evidence leading back from the murder

up to as I might express it the accused's own door,

leading up to the chauffeur employed and paid by the

accused. That, I think, would itself al early be in

insufficient to bring home the charge to the accused.

There is a distinct gap between that Chui evidence and

the accused.