CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 135

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In the matter of an Application by Ng Loi Yuen alias

Ng Yik Lam alias Ng Yik San for leave to appeal to the

Judicial Committee of the Privy Council from a judgment of

the Full Court of Hong Kong dated the seventeenth day of

October 1934.

1.

2.

INSTRUCTIONS

(1) The applicant was charged on the ninth day of July

1934 before the first Police Magistrate, Hong Kong, with the

murder of one wichael Pine, a European male child aged eight

years. The result of such preliminary proceedings was that

on the ninth day of August 1934 the applicant was committed

to take his trial at the Criminal Sessions of the Supreme

Court of Hong Kong to be held in or for the month of August.

A copy of the depositions is sent herewith.

(2) By section 5 of the Criminal Procedure Ordinance 1899 (Ordinance No.9 of 1899), the ordinary session for the Supreine Court in its criminal jurisdiction is to be on the eighteenth

day of every month, or if that day is a dies non, then the

next lawful day, with power to the Chief Justice to change the

day. By notification No.612 of 1934, published in the Hong

Kong Government Gazette of the tenth day of August 1934, the

Sessions for August 1934 were ordered to be commenced on

August 20th.

(3) On the opening day of the August Sessions (20.8.34),

the applicant was arraigned on an indictment dated the

sixteenth day of August 1934, of which a copy is sent

herewith. Section 2 of Ordinance 2 of 1865 referred to in

the Indictment is as follows

2. Every person who is convicted of murder

shall suffer death as a felon.

He pleaded not guilty, and the common jury disagreed and were