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THE HONG KONG GOVERNMENT GAZETTE, AUGUST 24, 1934.
Substitution
for Ordin-
ance No. 5
of 1888, s. 14.
Powers of magistrate.
Schedule,
Form No. 5.
(cf. 16
& 17 Geo. 5, c. 30, s. 20 (2)).
Ordinance No. 41 of 1932.
Ordinance No. 41 of 1932.
(cf. Ordin- ance No. 7 of 1896, s. 14).
Substitution for Ordin- ance No. 5
of 1888, s. 16.
Power to the
Attorney General
to require inquiry to be held.
Substitution for Ordin-
ance No. 5 of 1888, s. 18.
Power
to the
Attorney General
to direct further investiga- tion în certain
cases.
8. Section 14 of the Coroner's Abolition Ordinance, 1888, is repealed, and the following section is substituted therefor
14.--(1) (a) The magistrate shall have, in relation to the inquiries provided for in sections 7 and 8, the same powers in all respects as he possesses or may possess in relation to any other proceedings taken before him, and may, at the conclusion of any such inquiry, issue his warrant in Form No. 5 in the Schedule for the apprehension and committal to prison of any person to be brought before him or some other magistrate to be prosecuted according to law, and he may bind over any witness who shall have been examined at the inquiry in a recognisance with or without surety to appear and give evidence in such prosecution :
Provided that no person who has been charged on indict- ment may be charged with any offence of which he could have been convicted on the indictment.
(b) Every person who has been committed to prison as aforesaid may at any time require from the magistrate's clerk copies of the depositions on which such committal has been made, on payment of the like fees as are by law payable for copies of depositions under section 81 (4) of the Magistrates Ordinance, 1932.
(c) When the magistrate has committed any person to prison under the provisions of this section any magistrate may, if he thinks fit, admit such person to bail in the same cases and in the same manner as is provided in section 97 of the Magistrates Ordinance, 1932, and thereupon such person, if in custody, shall be discharged therefrom.
(2) The magistrate shall have the power to make such order as may be necessary for the purposes of any inquiry which he is empowered by this Ordinance to hold, or with regard to the disposal of any body which may be the subject of such inquiry.
9. Section 16 of the Coroner's Abolition Ordinance, 1888, is repealed, and the following section is substituted therefor :-
16. The Attorney General may require the magistrate to hold an inquiry into the cause of and the circumstances connected with the death of any person.
10. Section 18 of the Coroner's Abolition Ordinance, 1888, is repealed, and the following section is substituted therefor :-
18. Where the proceedings at any inquiry have been closed by the magistrate and it appears to the Attorney General that further investigation is necessary, the Attorney Genéral may require the magistrate to re-open such inquiry and make further investigation, and thereupon the magistrate shall re-open the inquiry and make further investigation and there- after proceed in the same manner as if the proceedings at such inquiry had not been closed.