CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 13

IN THE SUIREME COURT OF HONG KONG.

CRIMINAL APEAL NO. 1 of 1934.

Rex v. Ng Loi Yuen alias Ng Yick Lam alias Ng Yick San.

Judges: H.H. Mr. Justice

Jacks.

H.H. Mr. Justice J.J. Hayden.

Counsel for the Crown Mr. Fraser, Asst. A.G., instructed by Mr. Lockhart Smith Asst. Crown Solicitor. Counsel for Accused Mr. R.C.H. Lim instructed by Mr. T.7.K. Bemble

(Wilkinson & Grist.)

Mr. Lims-

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Lay it please your Lordships:

This is an appeal against conviction both on question of law and on uestion of fact. The Appellant was tried and convicted nt the August Criminal Sessions and was sentenced to death by the Chief Justice on 9th September for the murder of an European boy by the name of Michael Pine.

(Discussion as to permission for this to be treated as final appeal.

Also Mr. Lim stated that he had applied for permission to file notice of .ditional grounds of appeal but was refused as the e were no provisions in the laws of the Colony regarding Criminal Appeal for amendment of notices of appeal. Mr. Fraser stated tht he had no notice of these additional amendments in an official manner he had received a copy of these amendments through unofficial ch∙nnels. Mr. Fraser however stated that his position was that if Their Lordships deemed it competent for the defence to adu auɑitional grounds later in their notice of ap eal at this stage he would have no objection.

Mr.

Jacks obtaine from Mr. Lim the fact that the grounds are on the question of facts, more articularly as to the misdirection by the Learned Trial Judge (copies of his grounds handed to Judges and Mr. Fraser. Mr. Lim also says he wishes to take up the question of law also.)

-.

Mr. Zami I do not quite know what is the attitude of the Crown, but if they do not oppose, there is authority to say leave to amend ought to be granted. There is the case of R. v. Hall 14 Cr. Reports. 61 second paragraph. I should like to point out in this case application for leave was made without filing previous notice. It is unfortunate in this case, although we tried to file notice long before, this notice was not accepted because there was no provision made in the local laws to amend.)

.

With

Mr. Fraser uoes not oppose the amendments: Mr. Fraser: I might however call your Lordships attention to a case on the point. regard to law, may I direct your Lordships to the case of vm. Jayne 3 Cr. Aveal Reports p. 259, p.259

Mr. Hayden :- What bearing has this case on this application? Mr. Fraser: Mrs. Fairburn's evidence was not, as far as I am aware, objected to in the trial.

Mr. Hayden: I see, it was not objected to. When Mrs. Fairburn gave her evidence did the defence know that Mery Pine was not going to give evidence?