CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 94

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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97

Douglas James Valentine recalled on former oath: further xxd Lim. I hear the paɛqage you read from the 1933 Medical Annual.

That is qualified in 1934 as a result of further investigations. I see the paragraph in the 1934 volume you refer to. It ends up with four conclusions that may he drawn.

If two persons drink the same amount of alcohol one might be drunk and the other not drunk.

The alcoholic content in the urine in such a caɛd would not necessarily be the same.

Apart from wound on top of head all Michael Pine's other injuries were consistent with his having been washed down the nullah.

In-coherent

rexd Fraser.

and confused speech are symptoms of drunkenness.

My opinion as to Michael Pine 's injuries has not changed. The main injuries are most consistent with a fall on to a hard surface.

No alcohol was administered to accused in hospital.

Accused's condition was due to alcohol, immersion and injuries to head and leg.

Injuries were partly responsible for dazed condition.

His head injury was probably caused by striking side of nullah. Concentration of alcohol in blood and urine is heaviest in case of abstainer.

In case of abstainer moet of alcohol goes straight into blood and urine.

Drunkenness more likely in case of empty stomach.

I would say accused was capable of driving a car at 3 p.m.

Such a test as that in this case has definite, value.

I have fifteen years' experience in drunkenness cases in Hong Kong.

By Court: Assuming an ordinary Chinese meal between 9 a.m. and

10 a.m. I should expect, if no further food had been taken, to find an almost empty stomach at 3 p.m.

Hugh Nicholas Moran s.s. xd.Fraser. Sergeant of Police A.97

Police Photographer.

I produce copies of photographs taken by me.

Exhibit 2 : Bridge No.1 from below.

Exhibit 3 Bridge No.1 from bed of nullah looking towards sea. Exhibit 4: Bridge No.1 in distance Bridge No.2

Bridges Nos.1 & 2 are marked 1 and 2 on plan.

I also produce a photograph of steps under No.1 bridge.

(Marked Exhibit 11)

Top rung is about level with second lowest bar on bridge rail.

xxd.Lim.

There are six steps altogether.

No.rex.

Martin Ingram De Ville. s.s. xd. Fraser.

Land Surveyor P.W.D.

I produce a plan (Exhibit 1) showing Albany hullah from Peak Tram Station to sea.

Scale 50ft to 1".

I have personally been over ground several times and know plan to be correct.

From Peak Tram Station to sex nullah is 850 yeards long.

From No.1 bridge to No.2 is 50 yards.

No.2 to No.3 is 160 yards,

No

.3 to tunnel mouth is 200 yards.

Tunnel is about 440 yards long.

Nullah varies in width.

At No.1 Bridge it is 28 feet wide.

In tunnel it is 15 feet wide.

Between No.2 and No.3 in places it is only 12'6" or 13' wide.

Depth from lowest point of No.1 Bridge is 6'6" above bottom of nullah.

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