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THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.
room or building without the consent or permission of the magistrate, if it appears to him that the ends of justice will be best answered by so doing.
evidence at
e. 42, s. 17.
75.--(1) On the hearing of an information or charge for Taking of an indictable offence where the accused is present at the hear- hearing. ing, the magistrate shall, before committing the accused to 11 & 12 Vict. prison for trial or before admitting him to bail to take his trial, in the presence of the accused proceed to take evidence for and on behalf of the prosecutor and his witnesses in the same First manner as is hereinbefore provided for the taking of the Form evidence of the complainant or informant and his witnesses No. 13. on a complaint or information for an offence punishable on summary conviction.
(2) The accused or his counsel shall be at liberty to put questions to any witnesses produced against him, and further the depositions or evidence of the prosecutor and his witnesses shall, in the presence of the accused, be read over to and signed respectively by the witnesses who have been so examined, and shall also be signed by the magistrate taking the same.
Schedule.
depositions,
c. 42, a. 18,
76.--(1) After the examination of all the witnesses on Reading over the part of the prosecution has been completed the magistrate and caution hearing the case shall, if desired by the accused, without re- to accused. quiring the attendance of the witnesses, read or cause to be 11 & 12 Vict. read to the accused, or when necessary cause to be inter- preted, the depositions taken against him, and shall inform him that he has the right, if he so desires, to give evidence on his own behalf. If the accused desires to give evidence, his evidence shall be taken upon oath and shall be subject to cross- examination as in the case of the evidence of any other witness. If the accused does not desire to give evidence on his own behalf, the magistrate shall say to him these words or words to the like effect or cause the same to be interpreted
him:
"Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing and may be given in evidence upon your trial."
Form
(2) Whatever the accused then says in answer thereto shall be taken down in writing and read over to him, and shall be signed by the magistrate and kept with the depositions of the witnesses, and shall be transmitted with them as herein- First after mentioned: Provided always that the magistrate, before Schedule. the accused makes any statement, shall state or cause to be No. 70. interpreted to him and give him or cause him clearly to under- stand that he has nothing to hope from any promise of favour and nothing to fear from any threat which may have been bolden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall then say may be given in evidence on his trial notwithstanding such promise or threat.
(3) Any statement which purports to have been taken down and signed as provided in sub-section (2) shall be ad- missible in evidence against the accused in any court if it is produced out of the proper custody without further proof of the matters above mentioned, unless it is proved that such statement was not duly taken down or was not in fact signed by the magistrate or officer aforesaid purporting to sign the
same.
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