Tsoi Hau or Chiog Hoa [1937] VUNHJC 1; Criminal 636 (3 September 1937)

JOINT COURT OF THE NEW HEBRIDES

JUDGMENT No 636

JUDGMENT

This third day of September, one thousand nine hundred and thirty seven;

Before Their Honours:

M. BOSCH-BARRETT, President,
W.D. CAREW, British Judge,
C.A. DOYLEY, French Judge,
Ch. BERTHAULT, Public Prosecutor ad hoc
assisted by Mr STEINMETZ, Acting Registrar.

In view of the appeal lodged by the said TSOI HAU (or CHIOG HOA) French Chinese ressortissant, merchant, residing at Vila, following a letter addressed to the President of the Court of 1st instance, dated 23rd April 1936, against a Judgment of the Court of 1st instance, Central District, dated 7th April, 1936, which sentenced him to two days imprisonment and a fine of one thousand francs, for sale of alcohol to a native.

The Joint Court, having questioned the accused and heard his defense, put forward by himself and at the same time by his Counsel, Mr. FROUIN;

And having heard the witnesses and the address of the Public Prosecutor "ad hoc" then retired to deliberate. Whereas the appeal is upheld;

And whereas following the inquiry held, a certain doubt exists as to the guilt of the said TSOI HAU or CHIOG HOA;

The accused is therefore given the benefit of the doubt.

NOW THEREFORE, IT IS THIS DAY ADJUDGED:

That the Judgment from which appeal has been made is declared nul;

And that the charge against the said TSOI HAU or CHIOG HOA is dismissed and the costs of the proceedings will be borne by the Condominium Government.

President of the Joint Court.
British Judge
French Judge
Acting Registrar