CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 139

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(17) It is perhaps superfluous to refer to such cases as

Dillet, 12 A.C. 459, Ibrahim (1914) .C. 599 (in which some

features analogous to the present case will be observed), or

Knowles (1930) 4.0. 366. In the first case attention is

particularly directed to the second half of the first

paragraph on page 467; in the second case to the passage

commencing at the foot of page 614 and ending in the middle

of page 615; and in the third case to the paragraph beginning

at the foot of page 371 and ending in the middle of page 372.

The principle clearly is that the Privy Council does not sit

as a Court of Criminal Appeal. Before it will review criminal

proceedings, there must have been such a disregard of the

forms of legal process, or such a violation of the principles

of natural justice, that substantial and grave injustice

results. In view of the finding of a special jury, after a

careful summing-up by an experienced judge containing a strong

warning to disregard the evidence of Mary Pine referred to

but not forthcoming, in face of the decision of the Full

Court, can this application in any way escape exclusion under

the principle indicated above? In the view of the Law Offi ors

of the Crown in Hong Kong, it is unthinkable that it should.