CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 117

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

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boy whore name ir Hou Wing Hong that apparently Mary Pine was firet

when they came to the Sergeante Mere. We know that also from the

evidence of Mr. Bowles. I don't think a great deal turns on that.

It is easy to over-enpharire factors like that which really have

little direct relation to the issue before you. We know that as

a result of the very greatert perronal courage and initiative

shown by Hou Wing Hong and Mr. Bowler, Mary Pine was rescued a very

short distance after she had been carried inside the tunnel.

Unfortunately all efforts to rescue Michael Pine from the course of

the nullah were unavailing. It was only when Private Sellare and

Private kelley very heroically made their way down to the V.R.C.

where the tunel has its exit into the rea, and Private Kelly swam

out that Michael Pine was rescued. By that time I think we can

areume the fatal injury had been inflicted and as we know he died

that evening in hospital.

While I am at that point, let me remind you that it is not

essential for you to find that the fatal injury which Michael Pine

euetained was caused by his falling or being thrown from ho.1 bridge.

If I may I will put it to you in another way. If you are satisfied

after consideration of the evidence, that the accused threw or

dropped Michael Pine over that bridge, it does not matter whether

the injury was sustained by hir then falling on his head or

whether it was sustained lower down the nullah, that matters

nothing in either care it will be murder, unless it can be

reduced to manslaughter in a man..er I propose to address you on

shortly.

The whole nullah with the exception of 56 ft. was under close

and intensive observation on that day. Mrs. Fairburn raw a Chinese

man go over No.1 bridge, a man whom she saw throw 2 children in.

Witness after witness has depored to seeing a Chinese man carried

down by that rushing stream. Nobody has ever deposed to there

being more than one Chinese man in the water. No one has suggested

that any Chinese man got out of the nullah or that any other got in.

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