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THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.
(2.) As long notice of the time of trial as circumstances reasonably admit shall be given to him in writing, under the seal of the Court, which notice, and the time thereof, shall be recorded in the Minutes.
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sentences.
47.-(1.) The Supreme Court shall, when required by the Secretary of State, Report of send to him a report of the sentence of the Court in any case tried before that Court with a jury or assessors, with a copy of the Minutes and notes of evidence, and with any observations which the Court thinks fit to make.
(2.) Every Provincial Court shall, in accordance with Rules of Court. send to the Supreme Court a report of the sentence of the Court, in every case tried by the Court with assessors, with such Minutes, notes of evidence, and other do- cuments as such Rules may direct, and with any observations which the Court thinks fit to make.
Summary Trial.
48. Where the complaint discloses an offence which is not required or directed summary to be heard on a charge, the accused may be tried summarily on the complaint: trial. Provided that where an offence is tried summarily no greater punishment shall be awarded than imprisonment for three months or a fine of 20%, or both.
Preliminary Examination.
49.—(1.) Where the accused is before the Court, and it appears to the Court Preliminary that the complaint discloses an offence-
(a.) Which ought to be tried in or reported to another Court; or
(b.) Which ought to be tried before the same Court with a jury or assessors; the Court shall proceed to make a preliminary examination in the prescribed man-
ner.
(2.) On the conclusion of the preliminary examination the Court shall bind by recognisance the prosecutor and every witness to appear at the trial to prosecute, or to prosecute and give evidence, or to give evidence (as the case may be), and if the case is to be tried in or reported to another Court, shall forthwith send the depositions, with a minute of other evidence (if any) and a report, to the Court before which the trial is to take place.
examination.
Court in His
dominions.
50. Where a British subject is accused of an offence the cognizance whereof Trial before appertains to any Court established under this Order, and it is expedient that the Majesty's offence be inquired of, tried, determined, aud punished in a British possession, the accused may (under the Foreign Jurisdiction Act, 1890, section 6) be sent for trial to Hong Kong or to Burma; and the Supreme Court of Hong Kong and the Sessions Court at Mandalay shall respectively be the authorised Courts for the purposes of that enactment.
The Court may, where it appears so expedient, by warrant under the hand of a Judge and the seal of the Court, cause the accused to be sent for trial to Hong Kong or to Mandalay accordingly.
The warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named, and to carry him to and deliver him up at Hong Kong or Mandalay, according to the Warrant.
Where any person is to be so sent to Hong Kong or to Burma, the Court be- fore which he is accused shall take the preliminary examination, and if it seems necessary and proper shall bind over such of the proper witnesses as are British subjects in their own recognisances to appear and give evidence on the trial.