CO129-568-9 Chung Chi Cheung- petition to appeal against decision of Hong Kong court 7-1-1938 - 28-12-1938 — Page 78

of the said Colony of Hong Kong against Your Petitioner charging him with the following

offence:

STATEMENT OF OFFENCE

Murder

84

PARTICULARS OF OFFENCE

"Chung Chi Cheung on the eleventh day of January 1937 on board the Chinese Maritime Customs

"Cruiser "Cheung Keng" in the waters of this Colony murdered Douglas Lorne Campbell. Common

Ordinance No. 2 of/Section 2"

"Law.

6.

1865

That Your Petitioner was tried before His Honour Sir Alasdair Duncan Atholl MacGregor,

Knight, the Chief Justice of the said Supreme Court of Hong Kong and a jury on the charge

set out in the said indictment on the 23rd and 24th days of August 1937.

7.

That Your Petitioner's Counsel submitted that as the crime charged was committed on an

armed Chinese public 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 Your Petitioner

who, on the 24th day of August 1937 was found guilty and sentenced to death.

8.

That on the 31st August 1937 Your Petitioner appealed on the question of law stated in

Paragraph 7 hereof to the Full Court.

9.

That at the hearing before the Full Court which consisted of the said Chief Justice,

R. E. Lindsell Esquire, Puisne Judge, and C.G. Alabaster Esquire, additional judge, the following

points were argued by Your Petitioner's Counsel.

(a)

That the indictment charging murder at Common Law, the Court had not jurisdiction,

Common Law jurisdiction being purely territorial.

(b)

(c)

10.

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; and 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

That the immunity so conferred cannot be waived, or alternatively, that in Your

Petitioner's case there had been no valid and effectual waiver.

That the Full Court by its judgment delivered on the 15th day of October 1937 dismissed

Your Petitioner's Appeal.

11.

That in the course of their said judgment the Full Court observed "Throughout the

"arguments both here and in the Court below it has been agreed that the Chinese Customs Cruiser

"Cheung Keng" must be treated in all respects as an armed public vessel of the Republic of China"

That Your Petitioner humbly submits that the Supreme Court of Hong Kong had no jurisdiction

to try him for the offence for which he was indicted and that his trial was therefore a nullity and should be set aside and that a substantial miscarriage of justice has occurred. Your Petitioner has not the means wherewith to provide security for costs.

12.

YOUR PETITIONER therefore humbly prays that Your Majesty

2.

in Council will be pleased to order that Your