CO129-541-11 Cheng Kwok Yau- trial judge's notes 1-1-1932 - 31-12-1932 — Page 24

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To Kemp.C.J I say that the evidence is admissible on

this ground, among others, that it was corroborative

evidence.

Potter: I can see no gr und for the admission of the

evidence except that it was on an issue raised by the

defence. It was corroborative evidence. Zimmern and

Christie's evidence was offered as original evidence.

Kemp.C.J How can the fact that it is corroboration

make evidence admissible unless it is itself admissible?

Poster: There is no special defence raised which would

let in the Zimmern and Christie evidence. The gap to be

bridged here is the agency of Lau. In H. v. Armstrong

the evidence was not used to bridge the gap, but to

negative innocent possession. Similarly in Seddon's Case.

In Smith's Case the evidence was used to negative accident.

If the evidence is inadmissible the conviction

must be quashed.

To food F.J: The fact that part of the Zimmern and

Christie evidence is admissible does not let in the

other evidence as introductory.

not introductory.

That evidence

10 e.a.

C. A. V.

Monday, 12th Beute ber, 1932.

Sheldon and Lindsell for the Crown.

Lim for the "risoner.

Written judgments delivered aflirming the

conviction.

Limi

Conviction affirmed.

As we intend to apply to the Privy Council I ask if

the court will state its opinion that this is a 560 of