CO129-541-11 Cheng Kwok Yau- trial judge's notes 1-1-1932 - 31-12-1932 — Page 53

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Mr. H. V. Lo's shroff and appearing on the receipt for

the consultation fee, i..., Cheng Shiu Vu, was a

subtle attempt to make it appear that it was the

prisoner, and that all three visits were made simply

in order to manufacture material for subsequent

blackmail.

The defence did not attempt to suggest

how the visits to Mr. Davide on and Mr.C.T.Kwan

could have been utilised for the purpose of blackmail,

and one would have thought that a receipt in the

name Cheng Kwak Yau would have been more useful for

purposes of blackmail than a receipt in the fictitious

name Cheng Shiu Wu,

The defence also suggested in their

cross-examination that the plot to "smack" Fung's

fage on the early morning of the 21st March was also

arranged in order to manufastuze material for black-

mail. They accepted as substantially true the account

of the dianer, the adjournment to the Nathan Hotel,

and the attempt to get Fung out of his room for the

purpose of the assault: see, for instance, Mr. Jenkin's

question on page 49 of the transcript, "Cheng did not

want to agree but at last agreed”. Mr. Potter in

his address to the jury said that the prisoner would

not have gone to the Nathan Hotel to slap Fung's

face if he had already been trying to arrange for

his murder, but it is very doubtful if the point is

at all sound paychologically. The defence suggested

that the alleged blackmailing plot was fomed, with Fung, long before the morning of the 21st March.

They pointed, inter alia, to the feet that Zimmern

stayed at the Fathan Hotel from the 10th to the 14th