CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 73

8.

IN THE SUPREME COURT OF HONG KONG

CRIMINAL JURISDICTION

APPEAL NO. 1 OF 1934.

73

NG LOI YUEN alias NG YIK LAM alias

NG YIK SAN

THE

AND

CROWN.

This is an appeal by Ng Loi Yuen alias Ng Yik

Lam alias Ng Yik Sam or San, now a prisoner in His

Majesty's Prison at Victoria in this Colony, who has

been convicted of the murder of Michael Pine and

sentenced to death.

The Appellant has appealed against his conviction

on four points of Law, viz.

(I)

That the learned Trial Judge His Honour

the Chief Justice wrongfully refused to withdraw the

case from the Jury at the close of the case for the

Crown on submission being made to him that there was no

evidence to be left to them.

(II) That the learned Trial Judge should on

Mary Pine

the Crown's failure to produce the witness

have discharged the Jury and ordered a new trial.

(III) That the verdict was against the weight

of the evidence.

(IV) That in the absence of the Crown's witness

Mary Pine the evidence of rs. Fairburn was wrongfully

admitted and put to the Jury.

The Appellant has also applied for and obtained

leave to appeal against his conviction on the following

questions of fact:-

I That there was a miscarriage of justice in

that the statement as to Mary Pine's evidence in the

Crown's opening seriously prejudiced the defence.