CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 137

-3-

140

7

8.

9 & 10.

11.

at the hearing. These documents and grounds (so far as they

were ultimately relied on), are sufficiently set out in the

judgment of the Pull Court hereinafter referred to. A print

of Ordinance No.5 of 1933 governing appeals in criminal

proceedings to the Full Court is sent herewith.

(9) The appeal (leave to appeal on questions of fact being

immediately granted) was heard on the 8th, 9th, 11th and 12th

October, before a full court of two judges, Jacks and Hayden,

J.J., Jacks J. presiding. Judgment dismissing the appeal was

delivered in open court by the president on the seventeen day

of October 1934. A copy of the

the

judgment is sent herewith, and

and Hayden J. respectively

a copy of the notes of Jacks J.

made at the hearing. It should be noted that the date "18th

October " on Jacks J.'s notes and on the judgment is erroneous.

The judgment was in fact delivered on October 17th. It is

considered that reliance may be placed on the fuller notes

i.e. those of Hayden J.

shorthand note of the argument is

al so forwarded. Attention is invited to para. 6 hereof.

(10) It should be pointed out that the copy of the trial

judge's summing-up before Hayden J. at the appeal, and those

copies to which Counsel referred in their argument, contained

an error in page numbering, "8" following immediately after

11611. In Jacks J.'s copy, the corresponding page was correctly

numbered "7". Owing to this any reference to a page beyond

page 6 of the summing-up in Jacks J.'s notes appears, if the

error be overlooked, to conflict with mayden J.'s. References

to pages of the summing-up in Jacks J.'s notes have according-

ly been altered in red ink in the margin, and the copy of the

summing-up sent herewith intentionally retains the original

error.

(11) On the eighth day of November 1934 the Governor in

Council considered a public petition on behalf of the