CO129-562-2 Chung Chi Cheung- appeal against death sentence 1-1-1937 - 31-12-1938 — Page 14

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vessel, and was therefore in Chinese territory". On 22nd

June the Magistrate held that the appellant was not a national

of China and that the Extradition proceedings therefore failed.

The appellant was thereupon rearrested, and his trial

for the murder of Captain Campbell began on 23rd August

before the Chief Justice. His counsel submitted that

as the crime charged was committed on board an armed Chinose

vessel the Supreme Court of Hong Kong had no jurisdiction.

At the close of the case for the Crown, when the necessary

facts had been established in evidence, the point was fully

argued, and the learned trial judge held that he had jurisdiction

to try the appellant who, on 24 th August, was found guilty and

sentenced to death.

On 31st August, 1937, the appellant appealed on a

question of law alone, alleging that the Court which tried

him had no jurisdiction.

The question has been very fully and ably argued before

this Court.

Mr. Macnamara's argument falls under three main heads:-

(a) that, the indictment chaging murder at common

law, the Court had no jurisdiction, common law

jurisdiction being purely territorial;

(b) that the immunity enjoyed by a public armed

vessel of a visiting state is enjoyed equally

by every member of the crew of that vessel:

that the courts and proper authorities of the

visiting state have sole jurisdiction with

regard to offences committed on board such a

vessel, and that the receiving state has no

jurisdiction; and

(c) that the immunity so conferred cannot be

waived, or alternatively that in the present

case there has been no valid and effectual

waiver.