CO129-541-11 Cheng Kwok Yau- trial judge's notes 1-1-1932 - 31-12-1932 — Page 56

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

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(pages 89 to 98) and about the second revolver (pages 92, 93, 95 and 96), but I believe that hie

main evidence was true. He was probably trying

to shield his friend A To Hui, and he may have

fallen into a mistake about the revalver and been

trying to cover it up. If he had invented his

main story in order to secure his om safety bi

getting the prisoner convicted, as the defence

suggested, he could easily have made it far more

damning against the prisoner. Ele did not directly

implicate the prisoner at all.

12. One fact in my own mind tells

heavily against the prisoner.

He did not go ints

the witness box, After much consideration I

decided not to comment on this fast to the jury.

bat I could have done so and my discretion could

not have been questioned.

Futting the prisoner in

the box would not have deprived the defence of the

"lt word" to which they attached so much importance.

13. I see no reason for disagreeing

with the verdict of the jury.

14. In case Your Excellenay may wish for

my opinion on the point, I may say that I see no

ground for the exercise of clemensy.

15. If I had bad power, I should havVO

granted a reprieve in order to give the defence

the spp e rtunity, which they desired of applying

to the Judicial Committee of His Majenty's Privy

Os meil for special leave to appeal. I understand

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