CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 138

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applicant.

course.

The Governor ordered that the law should take it s

(12) On the ninth day of November 1934 a letter was

written by the applicant's solici tors to the Colonial

Secretary declaring an intention to apply for leave to

appeal in forma pauperis to the Privy Council.

was accordingly stayed, and so remains.

Execut ion

(13) On the twenty-ninth day of December 1934 a letter was

written by the applicant's Solicitors notifying the despatch

of a petition, a copy of which is forwarded herewith.

(14) The following inaccuracies in the petition should be

noted :

(a) para. 2; the date should read "l6th"

(b) para. 3; the dates should read "20th, 21st and 22nd"

(c) para. 4; the dates should read "20th, 21st and 22nd "

(d) para. 5; the dates should read "5th, 6th and 7th"

(e) para. 6; the dates should read "5th, 6th and 7th"

(f) para. 11; the dates should read "8th, 9th, 11th

and 12th".

These inaccuracies have been pointed out to the applicant's

Solici tors.

(15) It is considered that the one substantial point in the

appeal to the Full Court may be found in the question whether

Counsel for the Crown's reference to Mary Pine's evidence in

his opening, so gravely prejudiced the accused that the

special jury were unable to dismiss the prejudice from the ir

minds.

(16) the authorities cited at the hearing of the appeal by

Crown Counsel on this point are of some assistance, especially

Driscoll, 20 Cr. App. R. 161, and the Full Court rejected

Counsel for the appellant's argument there on. The view of the

Law Officers of the Crown in Hong Kong is that this decision

was correct.