CO129-541-11 Cheng Kwok Yau- trial judge's notes 1-1-1932 - 31-12-1932 — Page 52

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

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that Er. X.V.Lo did suggest that the minor might

at least mempe hanging, and it is hardly to be

thought that my of these three young men could

have been so innocent as to imagine that a minor

who killed a man would get off altogether on account

of his age,

Christie and Zimmern then went and

os nsulted Mr. Davide om, Christie said that he did

not want any advise, seeing that he had no intention

of killing Fung, but that he seized the opportuni ty

in order to tell Zimmern of the scheme which he had

conceived that morning for swindling Cheng by pretending

to agree to murder Pung. This was perhaps confirmed

by Zimmern's vagueness as to why they went to see

Kr. Davids on. The visit to the third solišiter,

Kr. 6. Y. Kwan, an old schoolfellow of Ximɑern, is on

a different footing. Zimmern says that they went

to him to get, if possible, advice as to how to

carry out their swindling scheme, and that they

moked for such advice but did not get it. Mr.C.Y.

Kwan said that what he was consulted about was

whether a certain killing would be manslaughter.

That is the second difficulty.

It is, however, to

be observed that Mr. Kwan said that before Zimmern

asked the simple manslaughter question he had "put

the matter in a very complicated form" which he, Mr.

Kwan, "could not understand". It may, therefore,

be doubtful as to what "matter" he was putting te

Mr. Kwan in the earlier part of the conversation.

The defence in their cross-examination sug gen te d

that the prisoner was not the man who went with

Zimmern to Messrs. Lo & Lo, that the name given to

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