CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 131

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Dr. Val entine saw him on admission and at once said he had

been drinking.

We have just a little point on that

earlier

when the ambulance boy said that all the accused

said so far as he could understand was "Im Tsow". I want wine,

than that

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and we know that he repeated that request on more than one

occasion.

Dr. Valentine says "he was only slightly under the

influence of alcohol when I saw him a few minutes after 4 o'clock.

At 3 o'clock he would be a little more under the influence of

alcohol but in my opinion he could never have been greatly under

the influence of alcohol." It may be that a person either of the

class of society of the accused or of the abstemious habits which

the accused has claimed for himself, would be more likely to succumb 1

to a certain quantity of alcohol than certain other people might.

It is a matter for you to consider. We have no facts as to the

quantity. It is very difficult to know how to draw any conclusion

as to the quantity accused had had. We know somewhere about 10

o'clock he went out not having had nay thing to drink, that he may

have had somewhere in the neighbourhood of $2 in his pocket at that time. At 4 o'clock he had no money in his pocket and his breath

smelt of alcohol. It is a difficult point because while I am

sure you will accept the suggestion from the Learned Counsel for the accused that the accused whose normal living was frugal,

a man whose normal expenditure did not include, could not include

any considerable indulgence in intoxicants of any kind, a man who,

as accused has said of himself, has been an abstainer, might more

readily yield, but Dr. Valentine said where an abstainer or a

moderate drinker takes' alcohol that alcohol does not go through

that process which Providence has provided for those who take a little

more, but goes straight into the blood, into the urine - therefore

he would expect in a blood test of an abstainer, to find a

greater proportion of alcohol. When Dr. Val entine spoke of blood

tests of alcohol you will recollect that Mr. Branson said, and

Dr. Velentine agreed, that the ratio between the result of the

blood test and a urine test was constant and bore the ratio of