CO129-541-11 Cheng Kwok Yau- trial judge's notes 1-1-1932 - 31-12-1932 — Page 39

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under consideration cannot be sustained. Evidence has to be

received not merely in accordance with a standard of its

ropriateness to prove a conclusion for which theprosecution

contends; but also because whatever its appropriateness in the

adjudication it in fact belongs to the story to which the

attention of the Court is drawn. Such evidence is admitted,

in the language of legal textbooks, as part of the res gestae.

Almost contemptuous reference has been made to this term by

Lord Tomlin (in "Bomer v. Newman" 1931 2 Ch. at p.120) who has

remarked "What is meant by saying that an....act is admi ssible

"because it is part of the res gestae has never, as far as I

'am aware, been explained in a satisfactory manner. I suspect

"it of being a phrase adopted to provide a respectable legal

"cloak for a variety of cases to which no formula of precision

"can be applied". The term nevertheless affords an efficient

classification of material. It is fundamental in the law of

evidence. The authoritative statement of the law is to be

found in Stephen's "Digest of the Law of Evidence", 7ẞh Edn,

(1906) Article 3, which is as follows:-

"(Relevancy of facts forming part of the same transaction

"as the facts in issue) A transaction is a group of

"facts so connected together as to be referred to by a

"single legal name a crime

Every fact which

is part of the same transaction as the facts in issue

"is deemed to be relevant to theissue, although it may

"not be actually in issue,..

He adds:

"Whether any particular fact is or is not part of the

transaction as the facte in iesus

a question of

*lew upon which ne principle has been stated by authori ty

'and on which single judges have given different

* decisions.

(See also 13 Hal #bury "Laws of Englan.", p.æk 430, par.585).