CO129-541-11 Cheng Kwok Yau- trial judge's notes 1-1-1932 - 31-12-1932 — Page 49

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

49

3.

I enclose in triplicate two files.

One contains a copy of my notes of the evidence and

proceedings on the trial, copies of the depositions

of two absent witnesses which were read at the trial,

and a transcript of a shorthand note of my summing up.

The other contains the notes of the two judges in the

Full Court and our judgments. I also enclos

single copy of a transcript of a shorthand note of

Mr. Lindsell's opening. I have made few minoT

alterations in the transcript note of Kr. Lindsell's

opening, some in order to correct slight inaccuracies,

some in order to prevent certain possibly misleading

implications, and some because in a few instances

witnesses did not repeat the evidence which they had

previously given or were expected to give, I fear

that it is impossible to give a short summary of the

facts in this case. Mr. Lindsell's opening gives

a full and clear statement of the

from the Crown

point of view, and the first six pages of the Puisne

Judge's judgment give a useful complementary analysis

of the evidence.

4. The main attack of the defence was

di rested at the evidence given by Zimmern and Christi

and the case practically turned on this evidence.

The attack was threefold. In the first place, that

part of the Zimmern and Christie evidence which tended

to prove that the prisoner incited Christie to murder

Fung was objected to as inadmissible. I admitted

it and the Full Court supported that ruling and the

evidence must be assumed to have been rightly ad-

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