CO129-541-11 Cheng Kwok Yau- trial judge's notes 1-1-1932 - 31-12-1932 — Page 54

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March on the same floor as that on which Pung and

Lai Ming Pai were li ving, and that Christie stayed

there with Zimmern from the 10th to the 13th March.

Zingern and Christie said that they did not then

know that Fung was there.

that as meet unlikely.

Impossible.

The defence characterised

It may be, but it is not

There is just one more remark that I

should like to make on the blackmail defence. It

is this. It would be a most extraordinary thing

if, while Zimmern and Christie were preparing to

blackmail the prisoner by accusing him of planning

the murder of Fung, Fung should be murdered at the

instigation of some entirely unknown enemy who hme

not left a trase, but who acted through the prisoner's

own chauffeur.

8. On one point Zimmern seems to have

given at the Magistracy evidence which does not agree

with the fact. In his description there of the

prisoner's agitated behaviour on the evening of the

24th Marck immediately after the murder he stated

that when the prisoner got into the Kwong Hoi Ki

premises in queens Road Central, he peeped out

through a shutter. It would seen highly probale

there was no shutter (pages 53 and 109 of the transcript

This disereymoy must undoubtedly be carefully

weighed, but I think that it can be made too much

of. Zimmern is quite possibly a witness who is

tempted to embellish the fringe of his story, but

on the other hand he may have seen the prisoner

peaping out just before he closed the door and he

may have honestly inferred the existence of a shutter.