CO129-541-11 Cheng Kwok Yau- trial judge's notes 1-1-1932 - 31-12-1932 — Page 50

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

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måtted, subject to any decision of the Judici ml

Committee of the Privy Commeil should they grant

special leave to appeal. In the second place,

the defense urged that the Zimmern and Chris tie

evidence was not worthy of credence.

The jury

must have substantially believed it, and indeed,

in spite of all its difficulties, it is hard

imagine that the essential parts of it were fabricated.

The defence seemed to suggest that Zimmern and

Christie invented the story in order to save them”

selves, but they were not in the slightest danger

on the murder charge unless something of the kind

of thing which they described had in fact taken

place. In the third place, the

the defense suggested

that the Zimmern and Christie evidence, even if

both admissible and true, did not in any way tend

to prove that the prisoner was the person who ɑm-

ployed Lan to organise the marier. I think that

it did so tend, as a matter of ordinary, COLON common

sense, re as aming. There was quite sufficient

evi de nee that Lau had, as the agent of some one

else with money at his disposal, organised the

marder of Pung. He was the prisoner's chauffeur.

Fung had no known enemies except the prisoner.

It seems to me in the highest degree relevant that

the prisoner had used marderous mpressions about

Tung, said that he had men "watching" Fang, told

Zimmern of the failure of the abortive attempt on

the night of the 19th March, and tried on the 21st

Warch to incite Christie to kill Fung, intimating

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