CO129-541-11 Cheng Kwok Yau- trial judge's notes 1-1-1932 - 31-12-1932 — Page 209

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

209

blurred feeling that in some way they show the accus ed

was filled with murderous hate, and was taking steps

to try and get Zimmern and Christie to murder Fung.

That is not enough. You must be satisfied that the

accused made a definite statement attributed to him

by the evidence as to the $10,000 offer; also the

statement that the two other men had failed, and so on/

Now, as I say, I am not going to analyse that

evidence and point out its difficulties and improbabili-

ties and inconsistencies again. It is for you to say

whether, în view of these difficulties and improbabili-

ties and inconsistencies you can say you are satisfied

beyond reasonable doubt that the accused made those

certain, definite statements attributed to him. If

you are satisfied on that point, and if you are also

satisfied on the evidence of Chui, that Lau wad the

man who organised the murder, and that he did so as

agent for somebody else, then you must ask yourself

whether you can take the third distinct, final step of

saying those two things bring home the charge to the

accused.

The position in that case, on the assumption

that you believe both groups of evidence, would be

this: you have evidence that Lau, the accused's own

chauffeur, was the man who organised the crime, and

that he had some principal behind him. You have,

same

again, on the assumption of belief, in both branches

of evidence from the other eide on the Zimmern end

Christie side that the accused

G

S

was, about the same

time, filled with murderous hate against the deceased,

and was actually trying to get him murdered by some

other men

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