CO129-584-14 Commutation of death sentences to life imprisonment. Includes 9 photographs depicting- [CN 3-42] Commutation of... 22-12-1939 - 17-9-1940 — Page 74

28th November, 1939. 73

Rex v. Tang Chu alias

Shiu Hang Tsai.

Summing Up.

Gentlemen,

We have come now to the final stage of this very

important case and as during this morning you perforce

had to listen to a good deal that was said about what

was your duty in this case and what was mine, I don't

think that I can begin more usefully than by explaining

that to you at the very outset.

Now, in a criminal trial, according to the British

conception of justice, there have to be both a judge and

a jury, but of course each has há own particular functions

and his own duties to perform. They can be described to

you quite simply.

It is my duty to instruct you, to charge you' as we

say, on the law applicable to the case that you have been

trying and because it is my duty to charge you on that law,

it is equally, of course, your duty to take that law from me.

You may think I am wrong but that is not for you to say;

that will be for a higher court to say in due course; but when

in due course I instruct you on what, in my opinion, is the

law applicable to this case, it is your bound en duty to accept

that statement of the law and to apply that to the facts; but

when we come to the facts I fade out of the picture completely.

You seven gentlemen and you seven gentlemen alone are the

judges of fact and so, if, as I am afraid is unavoidable,

in the course of the next half hour during my charge to you,

I seem to express a view, perhaps even an emphatic view, on

fact, don't let that worry you at all. My view on the facts

does not matter a bit, you and you alone are charged with the

decision on the facts of this case and a very responsible

duty on you it is indeed!