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Fung Kwan Chee v Public Prosecutor [1931] VUNHJC 3; Criminal 604 (12 May 1931)

JOINT COURT OF THE NEW HEBRIDES

Case No. 604

JUDGMENT ON APPEAL

PUBLIC PROSECUTOR

v

FUNG KWAN CHEE, Chinese British dependant.

This twelfth day of May, one thousand nine hundred and thirty one.

This is an appeal by a Chinaman, FUNG KWAN CHEE, against his conviction by the Court of First Instance of Central District No. 1 on a charge of supplying liquor to a native.

The accused appeals against his conviction or, in the alternative, if the conviction is upheld, against the amount of the fine.

In support of his appeal against conviction he states that his admission of guilt in the lower Court was made in error through his not having understood the question put to him by the President.

This Court is of opinion that the accused has failed to prove this statement, and, in any case, is satisfied from the evidence of the witness Chinnery of the guilt of the accused. The conviction is therefore upheld. With regard to the amount of the fine this Court agrees to the sum proposed by the Public Prosecutor and the fine is accordingly reduced to 300 francs.

President of the Joint Court
French Judge
British Judge
Acting Registrar