CO129-541-11 Cheng Kwok Yau- trial judge's notes 1-1-1932 - 31-12-1932 — Page 208

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You have, however, one admitted fact, and one

high probability in addition.

The admitted fact is

that the accused has lost Lai Ming Fai whom he had been

supporting for years, owing to the happenings of 21st

and 22nd February, and she had gone to live with George

Fung. That is the fact.

The probability iss that anybody in the accused's

position on that happening must feel resentment against

the man who had taken the girl away. But resentment,

even anger, is a very different thing from murderous

hate, and is still further removed from active steps

with a view to murder, so that, in my opinion, even

adding that fact and that probability to the evidence of

Chui, there would still, I think, not be enough on which

to find the accused guilty.

evidence.

Now, one passes over to the Zimmern and Christie

That, of course, is intended to prove two

things: first, the existence of murderous hate in the

mind of the accused, and secondly, that he took active

steps towards the murder of Fung through other channel☐

than those by which Fung was ultimately murdered.

again.

Now, I do not intend to analyse that evidence

It has been done very fully and very powerfully

by leading counsel for the defence, but I do ask you to

bear in mind the points which he has made, and I would

add this further point, that before you can find, before

you are satisfied beyond reasonable doubt, that this

evidence of Zimmern and Christie tells against the

accused, you gust, I think, be prepared to find that the

definite statements and conversations which the accused

★ is alleged to have made were in fact made by him.

It is not mough, of course, that you should acquire

from the evidence of Zimmern and Christie a confused