CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 136

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discharged. No further reference need be made to this

trial.

(4) The applicant was put buck to the end of the

Calendar, and on the fifth day of September 1934, a special

jury having been empanelled, he stood his trial on the same

indictment before MacGregor C. J. He again pleaded not

guilty, but after a three days trial was found guilty by

the special jury, who added a strong recommendation to

mercy, without giving my grounds therefor. The applicant

was sentenced to death.

(5) It should be noted that at this latter trial Counsel

for the Crown opened to the Jury the evidence of the witness

Ilary Pine (see the depositions), and also her further

evidence, a copy of which was served on the prisoner, and

a copy of which is sent herewith. Before the witness could

be called she was taken ill, and the court refused an

adjournment.

The case went to the jury without her evidence

The matter was dealt with by the judge in his summing-up

(2.v.)

(6) A copy of the notes of the trial taken by the trial

judge and a shorthand report of his summing-up are sent

herewith. It is convenient to observe at this stage that

the shorthand notes forwarded with these instructions do not

attain the standard to which the Courts in England are

accustomed.

(7) On the twelfth day of September 1934 MacGregor C. J.

sent his report of the trial to the Governor of Hong Kong,

a copy of which is sent herewith.

(8) On the fifteenth day of September 1934, the applicant

filed a notice of his intention to appeal to the Full Court

of Hong Kong on a question of law, and to apply for leave

to appeal on questions of fact. Further grounds were added