CO129-541-11 Cheng Kwok Yau- trial judge's notes 1-1-1932 - 31-12-1932 — Page 47

copy, judgment of Sir Joseph Zemg.C.J.

IN THE SUP AME COURT OF HONG KO

(4)

47

FULL COURT.

REX

CHENG KW K YAU : Murder.

Questions of law reserved.

JUDGMENT.

I agree generally with the judgment which

has just been delivered by my learned brother. I

should like to add another reason why, in my opinion,

the evidence objected to is admissible.

erhaps

this additi onal reason is only a restatement from a

·

different point of view, of the reasons already given.

Whe ther one fact tends to prove ano ther

is, speaking broadly, a matter of common mental processes.

As it is put in Halsbury's Laws ɗ England, Volume

13, at page 439, in paragraph 611, "in the vast

"majority of cases the law will accept as evidence

"tho se matters which are indicated as such by the

"ordinary course of human experience." Some matters

which ordinary reasoning would admit are definitely

excluded by the rules of legal evidence for various

sound reasons, e.g., involuntary confessions because

of the great risk that they may not be true, bad

character because of its dangerously rejudicial

nature and small evidentiary value towards proving

the single act alleged, and hearsay because it is not

on œ th, cannot be tested by cross-examination, opena