CO129-568-9 Chung Chi Cheung- petition to appeal against decision of Hong Kong court 7-1-1938 - 28-12-1938 — Page 56

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committal depositions referred to in paragraph 3).

8.

On the 12th August, 1937, a letter was written by the

Colonial Secretary of Hong Kong to H. B. M. Consul-General

at Canton, requesting the latter to invite the Chairman of

the Provincial Government of Kwangtung to waive any

jurisdiction which the Kwangtung Government might have over

the appellant. This step was taken because, in the terms

of the letter, "it (might) be argued that the crime having

taken place on board a Chinese public vessel, and the person

firing the shots being a member of the crew, the Courts of

Hong Kong have no jurisdiction over the accused, a public

vessel being analogous to an embassy". The Chairman declined

to entertain the question of waiver, limiting himself, after

negotiations, to an "unofficial assurance that he would raise

no objection to the trial of the (appellant) in the Hong Kong

Courts". The facts outlined in this paragraph were not

mentioned either at the appellant's subsequent trial or at

the hearing of his appeal to the Full Court of Hong Kong

referred to hereafter.

9. On the 23rd August, 1937, the appellant was arraigned at

the ordinary criminal session for that month of the Supreme

Court of Hong Kong on an indictment for murder. (A copy of the

indictment is amongst the papers forwarded to Messrs. Reid,

Sharman & Co., referred to in paragraph 3). The appellant was

represented by a Solicitor and Counsel assigned by the Crown.

At the end of the case for the Crown, a submission was made by

Counsel for the Defence in the absence of the Jury, that the

Court had no jurisdiction, (see the trial judge's notes

referred to in paragraph 3), but the judge held that the Court

had jurisdiction (see the shorthand note of his ruling dated

the 24th August, 1937, a certified copy of which is amongst

the documents forwarded to Messrs. Reid, Sharman & Co.,