CO129-568-9 Chung Chi Cheung- petition to appeal against decision of Hong Kong court 7-1-1938 - 28-12-1938 — Page 77

IN THE PRIVY COUNCIL

ON APPEAL FROM THE FULL COURT IN HONG KONG

PETITION TO PRIVY COUNCIL

for Leave to Appeal in Forma Pauperis.

CHUNG CHI CHEUNG -V- REX.

TO HIS MAJESTY KING GEORGE VI, by the Grace of God, of Great Britain

and Ireland and the British Dominions beyond the Seas, KING

Defender of the Faith, Emperor of India in Council.

THE HUMBLE PETITION OF THE ABOVE NAMED

CHUNG CHI CHEUNG RESPECTFULLY SHEWETH :-

83

1.

That on the 26th day of March 1937 Your Petitioner was arrested in Hong Kong at the

instance of the Chinese Authorities under the Chinese Extradition Ordinance 1889 under a warrant

where by Your Petitioner was charged with the crimes of murder and attempted murder on board the

Chinese Customs Cruiser "Cheung Keng" on the 11th day of January 1937 within the jurisdiction

of China while the said Cruiser was on her way from Sam Moon to Hong Kong and was approximately

one mile off Futaumun (British Waters). That the said Cruiser was in British Waters at all

material times was and is admitted by Your Petitioner.

2.

That Your Petitioner was subsequently brought before the Central Magistracy at Hong Kong

where the said charges were gone into and Mr. Williams the Assistant Attorney General of Hong Kong

appeared on behalf of the Crown. In support of the request for extradition, the said Assistant

Attorney General made a submission to the Magistrate as follows :- "This event took place on a

Chinese public vessel, not a merchant vessel, and was therefore in Chinese territory."

submission was made at the close of the evidence and after Your Petitioner had already produced

evidence that he was born at Shamshuipo in the Dependency of Kowloon and Colony of Hong Kong.

3.

This

That on the 22nd day of June 1937 Your Petitioner was discharged from custody by order of W. Schofield Esquire a Police Magistrate of the Central Magistracy of Hong Kong on the ground that it had been proved that Your Petitioner having been born in the Colony of Hong Kong was not a

national of China.

4. That immediately after the termination of the said extradition proceedings Your Petitioner

was again arrested and was on the 13th day of July 1937 committed by K. Keen Esquire a Police Magistrate of the Central Magistracy of Hong Kong for trial at the August Criminal Session 1937 before the Supreme Court of Hong Kong on the charge of:- "Murder. Contrary to Common Law. "Chung Chi Cheung on the 11th day of January 1937 on board the Chinese Maritime Customs Cruiser

"Cheung Keng" in the waters of this Colony did kill Douglas Lorne Campbell."

5. That on the 18th day of August 1937 an indictment was prepared by the acting Attorney General

1.